Common use of Maintenance Repairs and Alterations Clause in Contracts

Maintenance Repairs and Alterations. A. Except to the extent such obligations are imposed upon Landlord hereunder, Tenant shall, at its sole cost and expense, maintain the interior of the Premises in good order, condition and repair throughout the entire Lease Term, ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations (collectively, “Repairs”) in and to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge often percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided however, Tenant shall have the right to perform, without Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 in the aggregate (at any one time), and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s use.

Appears in 2 contracts

Samples: Sublease Agreement (Voyager Learning CO), Office Lease (Proquest Co)

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Maintenance Repairs and Alterations. A. Except 6.01 Tenant's Obligations to the extent such obligations are imposed upon Landlord hereunder, Repair ------------------------------ Tenant shall, shall at its sole cost and expense, maintain in clean and safe condition, and make all repairs and replacements to the interior of Premises and every part thereof, structural and non-structural, so as to keep, maintain and preserve the Premises in good order, first class condition and repair throughout repair, including, without limitation, the entire Lease Termroof, ordinary wear the foundation, the heating, ventilation and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neatair conditioning system ("HVAC"), clean elevators, if any, all plumbing and attractive condition at all times. Tenant shallsewage facilities, fire sprinklers, electrical and lighting facilities, systems, appliances, and equipment within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations (collectively, “Repairs”) in and to the Premises, Building fixtures, interior and Property exterior walls, floors, ceilings, windows, doors, entrances, all interior and exterior glass (including plate glass), and skylights located within the facilities Premises, and systems thereofall sidewalks, plus an administration charge often percent (10%) of such costservice areas, the need for which Repairs arises out of (parking areas and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use landscaping comprising part of the Premises in contravention of the terms Premises. All repairs and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow replacements required to be made by Tenant shall be made promptly with new materials of like kind and quality to those used in the original construction of the Premises. If the repair or replacement work affects the structural parts of the Premises, or if the estimated cost of any alterationsitem or repair or replacement exceeds $10,000, additions then Tenant shall first obtain Landlord's written approval of the scope of work, plans therefor, and materials to be used. Any such work shall be performed by Landlord's contractor or improvements by such contractor as Tenant may choose from an approved list to the Premises (collectively, “Alterations”), without first obtaining the written consent of be submitted by Landlord, which consent shall not be unreasonably withheld or delayed; provided however, Tenant . Landlord shall have the right to performmake any repairs or replacements which are not promptly made by Tenant and charge Tenant, without Landlord’s consentas Additional Rent, certain Alterations that do not for the cost in excess of $25,000.00 in the aggregate (at any one time), and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove thereof together with interest thereon at the end Agreed Rate from the date of payment thereof by Landlord. Without limiting any of Tenant's obligations hereunder, during the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations Tenant, at its expense, shall obtain and as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance keep in accordance with Section 13 hereof; force an HVAC service contract and a payment bond or other security, all in form and amount roof maintenance program satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, hereby waives the benefit of any statute now or hereafter in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have effect which would otherwise afford Tenant the right to designate make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the time when any Alterations Premises in good condition, order and repair. Tenant specifically waives all rights it may be performed have under Sections 1932(1), 1941 and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion 1942 of the AlterationsCalifornia Civil Code, Tenant shall deliver and any similar or successor statute or law. Notwithstanding anything to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requestscontrary contained herein, Landlord shall be entitled exercise its rights under any guaranties or warranties relating to oversee the original construction of any Alterationsthe Premises if the need to make repairs arises due to a defect therein; provided, and in such eventhowever, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not have any liability or be deemed required to be representation expend any funds if such guaranties or warranties are not honored by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s usemakers hereof.

Appears in 2 contracts

Samples: Lease (Hollywood Park Operating Co), Lease Agreement (Pinnacle Entertainment Inc)

Maintenance Repairs and Alterations. A. Except 7.1 Lessee's Obligations. -------------------- (a) Subject to Lessor's obligations under Paragraphs 6.2(b), 6.3(a), 7.3, 9 and 40, Lessee shall keep in good order, condition and repair the non- structural elements of the Premises and every part thereof, (whether or not the need for such repairs occurs as a result of Lessee's use, any prior use, the elements or the age of such portion of the Premises) including, without limiting the generality of the foregoing, all exposed plumbing, heating and air conditioning, ventilating, electrical, lighting facilities and equipment within the Premises, fixtures, walls (interior and nonstructural elements of exterior), ceilings, floors, windows, doors, plate glass and skylights located within the Premises, and all driveways, parking lots and striping thereon, landscaping, exterior lighting, fences and signs located on the Premises and sidewalks and parkways adjacent to the extent Premises. If the cost of repairing an element of the Premises is covered by a warranty obtained by Lessor from a third party contractor, subcontractor, consultant or material supplier in connection with construction work performed on the Premises prior to the Effective Date, Lessor shall make available such obligations are imposed upon Landlord hereunderwarranty to Lessee and shall assign to Lessee Lessor's rights thereunder, Tenant shall, at its sole cost and expense, provided that Lessee shall not take any action which shall invalidate any such warranty or derogate from Lessor's remedies or recourse thereunder. (b) Lessee shall maintain the interior Premises as provided in Paragraph 7. I (a) and in accordance with the requirements of all Laws and any covenants or restrictions as may from time to time be applicable to Lessee's specific manner of use of the Premises and the conduct and operation of Lessee's business. Lessee, in keeping the Premises in good order, condition and repair throughout repair, shall exercise and perform good maintenance practices and any damage or deterioration shall not be deemed "ordinary wear and tear" if the entire Lease Termsame could have been prevented by good maintenance practice. Lessee's obligations shall include restorations, replacements or renewals when determined not to be due to ordinary wear and tear excepted. Tenant agrees or when made necessary due to keep failure to perform proper maintenance. (c) If the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations (collectively, “Repairs”) in and to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge often percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions term of this Lease, as the same may be extended or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunderrenewed, exceeds five (25) the installationyears, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided however, Tenant Lessor shall have the right to performrequire Lessee to repaint the exterior of THE improvements. but not more often than once every five (5) years, without Landlord’s consentas reasonably necessary. (d) Lessee's obligations under this Paragraph 7.1 shall not apply to replacement, repair or restoration of items which are Lessor's obligation to replace, repair or restore pursuant to the terms of Paragraph 6.3(a) (relating to Existing Defects) Paragraph 7.3(a) relating to structural repairs and certain Alterations that do not cost in excess of $25,000.00 in the aggregate replacements) Paragraph 9 (at any one time), and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given relating to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end destruction of the Lease Term any Alterations installed without the Landlord’s consent. Prior Premises) or Paragraph 14 (relating to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants condemnation of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s usePremises).

Appears in 2 contracts

Samples: Lease (Graphic Controls Corp), Lease (Graphic Controls Corp)

Maintenance Repairs and Alterations. A. Except 7.1 Tenant represents that it has examined the Demised Premises as they now exist. The Landlord agrees to turn the premises over to the extent such obligations are imposed upon Landlord hereunder, Tenant shall, at its sole cost and expense, maintain the interior of the Premises in good order, a "broom clean" condition and repair throughout the entire Lease Term, ordinary wear and tear excepted. Tenant further agrees to keep make the areas visible from outside the Premises in a neatimprovements listed on Exhibit B, clean and attractive condition at all times. Tenant shallif any, within thirty (30) days after of occupancy, and Tenant accepts the premises in their present condition except as herein specifically stated and the Landlord and/or its agents makes no representations as to their present or future condition. 7.2 Tenant may make such interior alterations or improvements in and to the Demised Premises, at its own cost, as it may deem desirable for its use, thereof, except no alteration shall be made that modifies the basic building structure without the written approval of Landlord’s written demand therefor, which approval shall not be unreasonably withheld. All repairs and alterations shall be of quality at least equal to the original construction. At the termination of this Lease, except for casualty losses insured against, or losses occasioned by floods, earthquakes, wars, acts of God, or other losses over which Tenant has no control, Tenant shall deliver the Demised Premises to Landlord in good condition and repair, allowance being made for ordinary wear, tear and obsolescence. In addition, all of said alterations or improvements shall remain the property of Landlord. However, should the Landlord elect that such alterations or improvements be removed by Tenant, then Tenant agrees to remove same at Tenant's sole expense and to restore the premises to the condition it was in at the commencement of this Lease. If Tenant shall fail to remove same, then Landlord shall cause same to be removed and Tenant agrees to reimburse the Landlord for the cost of such removal, together with any and all repairsdamages which Landlord may suffer by reason of Tenant's failure to remove same. 7.3 The Tenant agrees to maintain and repair the interior of the building, replacements including but not limited to, the interior walls and alterations partitions, and all of the mechanical systems including the heating, air conditioning, plumbing and electrical systems (collectivelyLandlord warrants the furnace and the heat pump to be free of defects for a period of six (6) months from date of occupancy). Tenant shall also maintain and repair both the interior and exterior of all doors, “Repairs”) including overhead doors, located within the Demised Premises. Tenant shall provide and maintain an adequate number of fire extinguishers in the Demised Premises in order to comply with local fire codes. 7.4 Landlord shall be responsible for exterior structural repairs including the roof, foundation and exterior walls, provided, however, that Tenant shall be responsible for all non- structural as well as structural repairs to the Premisesexterior walls, Building foundation and Property and roof that result from damage caused by the facilities and systems thereof, plus an administration charge often percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use negligence or misuse of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractorsservants, employees or and its business invitees. B. 7.5 Landlord shall provide for the maintenance and repair and lighting of the designated receiving and parking areas including, but not limited to, lighting, repairs, removal of dirt and debris and lawn mowing and maintenance to lawns and shrubbery. Tenant shall not make or allow pay to Landlord its proportionate share of the cost of said maintenance and repairs (other than capital improvements) based on a fraction, the numerator of which shall be made any alterations, additions or improvements to 7,000 and the Premises (collectively, “Alterations”), without denominator of which shall be 16,800. Landlord shall present Tenant with a xxxx for such maintenance and repairs on the first obtaining day following the written consent performance of Landlord, which consent shall not be unreasonably withheld or delayed; provided however, such maintenance and repairs and Tenant shall have pay said xxxx within thirty (30) days of its receipt. Provided that the right area of Demised Premises does not exceed 7,000 square feet, Tenants responsibility for payment of expenses under this section 7.5 shall be limited to perform, without Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 in the aggregate (at any one time), and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance maximum combined amount per year in accordance with Section 13 hereof; the following schedule: Years 1-5 Maximum $2,800.00 per year Option Years 6-10 Maximum $3,500.00 per year 7.6 Landlord shall be responsible for the snow plowing and/or sanding of the entire paved parking area to the building and the driveways leading thereto whenever there is an accumulation of two (2) or more inches of snow. Tenant shall pay to Landlord its proportionate share of the cost of said snow removal and/or sanding based on a fraction, the numerator of which shall be 7,000 and the denominator of which shall be 16,800. Landlord shall present Tenant with a xxxx for such snow plowing and/or sanding on the first day of each month following such snow plowing and Tenant shall pay said xxxx within thirty (30) days of its receipt. Provided that the area of Demised Premises does not exceed 7,000 square feet, Tenants responsibility for payment bond or other security, all of above expenses in form and this section 7.6 shall be limited to a maximum combined amount satisfactory to Landlord. per year in accordance with the following schedule: Years 1-5 Maximum $6,300.00 per year Option Years 6-10 Maximum $7,900.00 per year Tenant shall be responsible for insuring that all such persons procure snow removal and maintain insurance coverage against such risks, in such amounts sanding of any walkways or stairways which abut and/or are used for ingress and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, egress to the extent reasonably necessary Demised Premises. 7.7 The Tenant further covenants and agrees to avoid replace all broken glass on the Demised Premises during the term of this Lease or any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “asmonth-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s useto-month extension thereof at its own expense.

Appears in 1 contract

Samples: Lease Agreement (Bremen Bearings Inc)

Maintenance Repairs and Alterations. A. Except a. Subject to the extent such obligations are imposed upon provisions of paragraph 10 below, and except for damages caused by Tenant, its agents or invitees, Landlord hereundershall keep in good condition and repair the foundations and exterior walls and roof of the Building and all common areas within the Building not leased to tenants. Tenant expressly waives the benefits of any statute which would otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the premises or the Building in good order, condition, and repair. b. Tenant shall, at its sole cost and Tenant's expense, maintain the interior portion of the Premises premises (including, but not limited to, all plumbing and electrical connections, outlets and lightbulbs) in good order, condition and repair throughout the entire Lease Termrepair. If Tenant fails to do so, ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neatLandlord may, clean and attractive condition at all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations (collectively, “Repairs”) in and to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge often percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent but shall not be unreasonably withheld or delayed; provided howeverrequired to, Tenant shall have enter the right to perform, without Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 premises and put them in the aggregate (at any one time), and do not affect any mechanical or electrical or life safety systems or plumbing in same condition as upon the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end commencement of the Lease Term any Alterations installed without the term, and Landlord’s consent. Prior to commencing any such Alterations 's out-of-pocket costs thereof shall automatically become due and payable as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlordadditional rent. Tenant shall be responsible for insuring that the provision, at its own expense, of appropriate janitorial service for the premises. Tenant shall also cause to be maintained, at its expense and in good operating condition and repair, all such persons procure heat, ventilating, and maintain insurance coverage against such risksair conditioning equipment installed in the premises. If Landlord so elects, in such amounts Tenant shall retain the services of Landlord or a maintenance company retained by it to perform maintenance of Tenant's heating, ventilating and with such companies as air conditioning equipment and shall reimburse Landlord may reasonably requirefor the cost thereof upon demand. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to At the extent reasonably necessary to avoid any disruption to the tenants and occupants expiration of the Buildingterm Tenant shall deliver up possession of the premises in good condition and repair, only ordinary wear and tear excepted. c. Tenant shall not, without Xxxxxxxx's prior consent, make any alterations, improvements, or additions in or about the premises. In requesting Xxxxxxxx's consent, Tenant shall submit to Landlord complete drawings and specifications describing such work and the identity of the proposed contractor. As a condition to giving such consent, Landlord may, among other things, require that Tenant remove any such alterations, improvements or additions at the expiration of the term, and restore the premises to their prior condition. Before commencing any work relating to alterations, additions, or improvements affecting the premises, Tenant shall notify Landlord of the expected date of commencement thereof and of the anticipated cost thereof, and shall furnish such information as shall reasonably be requested by Landlord substantiating Tenant's ability to pay for such work. Landlord shall then have the right at any time and from time to designate time to post and maintain on the time when premises such notices as Landlord reasonably deems necessary to protect the premises and Landlord from mechanics' liens or any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterationsother liens. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord pay when due all claims for Landlord’s actual out of pocket costs incurred labor or materials furnished to or for Tenant at or for use in the premises. Tenant shall not permit any mechanics' liens to be levied against the premises for any labor or materials furnished to Tenant or claimed to have been furnished to Tenant or to Tenant's agents or contractors in connection therewith, which may include with work of any character performed or claimed to have been performed on the cost of management personnel working outside of Normal Business Hours. Landlord’s approval premises by or at the direction of Tenant’s plans and specifications for any Alterations . All alterations, improvements, or additions in or about the premises performed for by or on behalf of Tenant shall be done in a first-class, workmanlike manner, shall not unreasonably lessen the value of the leasehold improvements in the premises, and shall be deemed to be representation by Landlord that such plans and specifications comply completed in compliance with all applicable insurance requirements, building codeslaws, ordinances, laws orregulations, regulations and orders of any governmental authority having jurisdiction thereover, as well as the requirements of insurers of the premises and the Building. Upon Landlord's request, Tenant shall remove any contractor, subcontractor, or material supplier from the premises and the Building if the work or presence of such person or entity results in labor disputes in or about the Building or the Marina Village Project, or damage to the premises, Building or Project. Unless Landlord requires their removal as set forth above, all alterations, improvements or additions which may be made on the premises shall become the property of Landlord and remain upon and be surrendered with the premises at the expiration of the term; provided, however, that Tenant's machinery, equipment and trade fixtures, other than any which may be affixed to the Alterations constructed in accordance with premises so that they cannot be removed without material damage to the premises, shall remain the property of Tenant and may be removed by Tenant provided further Tenant shall be responsible for repairing all damage to the premises caused by such plans and specifications will be adequate for Tenant’s useremoval.

Appears in 1 contract

Samples: Net Office Lease (Xenogen Corp)

Maintenance Repairs and Alterations. A. Except as otherwise expressly provided in this Lease, Lessor shall maintain and make all repairs and replacements with respect to the building in which the Leased Premises are located, including the food, foundation, exterior walls, interior structural walls, all structural components, and all building systems, such as mechanical, electrical, HVAC, and plumbing, except in the extent such obligations are imposed caused by the negligent acts or omissions of Lessee. Repairs or replacements shall be made within a reasonable time (depending on the nature of the repair or replacement needed) after receiving notice from Lessee or upon Landlord hereunder, Tenant Lessor having actual knowledge of the need for a repair or replacement. Lessee shall, at its sole cost throughout the Term of the Lease, keep and expense, maintain the interior of the Leased Premises in good ordergood, clean, presentable condition and repair throughout and shall commit no waste with respect thereto. Upon the entire Lease Term, ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations (collectively, “Repairs”) in and to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge often percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions expiration or sooner termination of this Lease, Lessee shall surrender the Leased Premises in as good condition and Lessee shall pay the cost thereof upon demand. All of Lessee’s personal property, furniture, trade fixtures, shelves, bins and machinery not removed from the Leased Premises when Lessee vacates the Leased Premises on termination of this Lease shall thereupon he conclusively presumed to have been abandoned by Lessee and forthwith become Lessor’s property; provided, however, that Lessor may require lessee to remove such personal property, furniture, trade fixtures, shelves, bins and machinery or Tenantmay have such property removed at Lessee’s failure to perform maintenance or repairs which are Tenant’s obligation hereunderexpense. Lessee shall make no alterations, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Buildingadditional, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any alterations, additions or physical improvements to the Leased Premises (collectivelyincluding, “Alterations”)but not limited to the installation of permanent or semi-permanent partitions, walls, panels, shelving, floor covering, cabinets, and similar items) without first obtaining the prior written consent of Landlordthe Lessor, which consent shall not be unreasonably withheld or delayed; provided however, Tenant shall have the right to perform, without Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 in the aggregate (at any one time)case of minor alterations to the Leased Premises to accommodate Lessee’s proposed use thereof. All costs and expense of such alternations, additions, or improvements shall be borne solely by Lessee, and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations if and as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably that a building or alteration permit is required therefor, all such work shall be performed by a licensed, bonded contractor, approved, in advance, by Lessor (such approval not being unreasonable withheld). Upon completion, all additions, alterations, and improvements made by Lessee (excepting only movable office furniture, detached bookshelves and similar equipment) shall become the property of the Lessor and shall remain upon and be surrendered with the Leased Premises upon the expiration or sooner termination of this Lease, unless otherwise agreed or directed by Lessor. Lessee agrees that it will make full and prompt payment of all sums necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures pay for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside repairs, alterations, improvements, changes or other work done by lessee to the Leased Premises and further agrees to indemnify and hold harmless Lessor from and against any and all mechanic’s material or laborer’s liens arising out of Normal Business Hoursor from such work or the cost therefore which may be asserted, claimed or charged against the Leased Premises. Landlord’s approval Notwithstanding anything to the contrary contained in this Lease. IT IS AGREED THAT LESSOR’S INTEREST IN THE LEASED PREMISES SHALL NOT BE SUBJECT TO ANY LIENS UNDER CHAPTER 713, FLORIDA STATUTES AND NOTICE IS HEREBY GIVEN THAT LESSOR SHALL NOT BE LIABLE FOR ANY LABOR SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO LESSEE, OR TO ANYONE HOLDING THE LEASED PREMISES OR ANY PART THEREOF THROUGH OR UNDER LESSEE, AND THAT NO MECHANIC’S OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFCT THE INTEREST OF LESSOR IN AND TO THE LEASED PREMISES. All persons dealing with Lessee are hereupon placed upon notice of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s useforegoing prohibition provision.

Appears in 1 contract

Samples: Commercial Lease (Advanzeon Solutions, Inc.)

Maintenance Repairs and Alterations. A. Except to the extent such obligations are imposed upon Landlord hereunder, (a) Tenant shall, at its sole cost and Tenant's expense, maintain the interior every part of the Premises in good order, condition and repair, including without limitation, (i) all interior surfaces, ceilings, walls, door frames, window frames, floors, carpets, draperies, window coverings and fixtures, (ii) all windows, doors, locks and closing devices, entrances, plate glass, and signs, (iii) all plumbing and sewage pipes, fixtures and fittings, (iv) all phone lines, electrical wiring, equipment, switches, outlets, and lightbulbs, (v) any fire detection, fire sprinkler or extinguisher equipment, (vi) all of Tenant's personal property, improvements and alterations, and (vii) all other fixtures and special items installed by or for the benefit of, or at the expense of Tenant. Tenant shall, at its expense, cause to be maintained in good operating condition and repair, all heating, ventilating, and air conditioning equipment installed in, or on the roof of the Premises. Tenant shall keep in force a preventive maintenance contract with a qualified maintenance company covering all heating, ventilating and air conditioning equipment and shall annually provide Landlord with a copy of this contract. Tenant shall not enter onto the roof area of the Building, except for the purpose of maintaining the heating, ventilating, and air conditioning equipment and provided that Tenant shall repair throughout any damage to the entire roof area caused by its entry. Tenant shall be responsible for its own janitorial service. Landlord shall incur no expense (nor have any obligation) of any kind whatsoever in connection with the maintenance of the Premises. (b) Landlord shall keep in good condition and repair the foundation, roof structure, exterior walls and other structural parts of the Building, and all other portions of the Building not the obligation of Tenant or any other tenant in the Building. Tenant expressly waives the benefits of any statute, including Civil Code Sections 1941 and 1942, which would afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease Termdue to Landlord's failure to keep the Building in good order, condition and repair. Landlord shall have no liability to Tenant for any damage, inconvenience, or interference with the use of the Premises by Tenant as the result of Landlord performing any such maintenance and repair work. (c) In the event Tenant fails to perform Tenant's obligations under this Xxxxxxxxx 0, Xxxxxxxx may, but shall not be required to, give Tenant notice to do such acts as are reasonably required to so maintain the Premises. If Tenant shall fail to commence such work and diligently prosecute it to completion, then Landlord shall have the right (but not the obligation) to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amounts so expended by Landlord will be additional rent due under this Lease, and such amounts will become due and payable on demand by Landlord. Landlord shall have no liability to Tenant for any such damages, inconvenience, or interference with the use of the Premises by Tenant as a result of performing such work. (d) Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises in good condition and repair, only ordinary wear and tear excepted. Tenant Tenant, at its sole cost and expense, agrees to keep the areas visible from outside repair any damages to the Premises caused by or in a neatconnection with the removal of any articles of personal property, clean business or trade fixtures, signs, machinery, equipment, cabinetwork, furniture, moveable partitions, or permanent improvements or additions, including without limitation thereto, repairing the floor and attractive condition at all timespatching and painting the walls where required by Landlord, to Landlord's reasonable satisfaction. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse shall indemnify Landlord for the cost of all repairs, replacements and alterations (collectively, “Repairs”) against any loss or liability resulting from delay by Tenant in and to so surrendering the Premises, Building and Property and the facilities and systems thereofincluding without limitation, plus an administration charge often percent (10%) of any claims made by any succeeding tenant resulting from such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or inviteesdelay. B. (e) Tenant shall not make or allow to be made any alterations, improvements, or additions in, on, or improvements to about the Premises (collectivelywithout Landlord's prior written consent, “Alterations”)except that Tenant may make alterations, improvements, or additions without first obtaining the Landlord's prior written consent of Landlordwhere (i) the reasonably estimated cost does not exceed $2,500, which consent shall not be unreasonably withheld or delayed; provided however, Tenant shall have the right to perform, without Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 in the aggregate (at any one time), and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s use.and

Appears in 1 contract

Samples: Sublease Agreement (Cerent Corp)

Maintenance Repairs and Alterations. A. Except to the extent such obligations are imposed upon Landlord hereunder, Tenant shall, at its sole cost and expense, maintain the interior of the Premises in good order, condition and repair throughout the entire Lease Term, ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations not Landlord’s responsibility hereunder (collectively, “Repairs”) in and to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge often of five percent (105%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use or occupancy of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunderPremises, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request Property or by virtue of Tenant’s default in undertaking such obligationsRequired Removables, (3) the moving of Tenant’s Property and Required Removables into or out of the Building, (4) any Alterations (hereinafter defined) or other work performed by Landlord pursuant to the Work Letter (subject to any construction allowance), or (45) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld withheld, conditioned or delayed; provided howeverdelayed so long as such Alteration is not visible from the exterior of the Premises or the Building, Tenant shall have the right to perform, without Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 in the aggregate (at any one time), and do does not affect any mechanical or electrical the structure of the Building and will not adversely affect the mechanical, electrical, plumbing or life safety systems of the Building. However, Landlord’s consent shall not be required for any alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (1) is of a cosmetic nature such as painting and installing carpeting; (2) is not visible from the exterior of the Premises or plumbing Building; (3) will not affect the systems or structure of the Building; (4) does not require a building permit; and (5) will not, in the Buildingaggregate, provided that advance notice has been given cost more than $10,000.00. Except for the requirement of obtaining Landlord’s prior written consent and the requirement of delivering plans to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent, Cosmetic Alterations shall otherwise be subject to all the other provisions of this Section 9. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessaryconsent, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount reasonably satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any AlterationsAlterations that may affect the structure of the Building or any of the mechanical, and electrical, plumbing or life safety systems of the Building. If Landlord elects to oversee such work, Landlord shall be entitled to receive a fee for such oversight in such event, Tenant shall reimburse Landlord for Landlord’s actual out an amount equal to five percent (5%) of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hourssuch Alterations. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, or regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s use. C. Landlord shall keep and maintain in good repair and working order and perform maintenance upon the: (i) structural elements (including the foundation) of the Building; (ii) mechanical (including HVAC), electrical, plumbing and fire/life safety systems, if any, serving the Building in general; (iii) Common Areas; (iv) roof of the Building; (v) exterior windows of the Building; and (vi) elevators serving the Building. Landlord shall promptly make repairs for which Landlord is responsible.

Appears in 1 contract

Samples: Office Lease Agreement (Lpath, Inc)

Maintenance Repairs and Alterations. A. Except Tenant covenants and agrees to be responsible for all maintenance repair and upkeep of the Premises during the term of Tenant’s right to possession. Tenant’s maintenance repair and upkeep of the Premises shall be done consistent with and in accordance to industry standards for a class A facility. The Premises includes, but is not limited to, all portions of the Premises depicted on Exhibit A, all parking areas, a portion of the Targeting Centre Drive shown on Exhibit A, the landscaping, the buildings, improvements, foundations, exterior and interior walls, windows, doors, floors, ceilings, downspouts, gutters, roof, skylights, plumbing and sewerage facilities, air-condition system, heating system, electrical facilities and equipment, glazing, lighting fixtures and all other figures, equipment and appliances of every kind and nature. Tenant agrees that Landlord shall not be called upon or obligated to make any repairs, replacements, rebuildings, restorations, improvements, alterations, remodeling or additions whatsoever in or about the Premises. B. Tenant shall be responsible for all janitorial service on the Premises during the term hereof. C. Tenant shall not, without the prior written consent of Landlord, which shall not be unreasonably withheld, make alterations, improvements or additions to the Premises and to the building and improvements thereon. D. Tenant shall be responsible for all costs of maintaining and repairing (including but not limited to resurfacing, striping, snow removal, etc) that portion of the Targeting Centre Drive located on the Premises and shown on Exhibit A. E. In a situation involving a need to repair, replace, or restore any portion of the Premises, and which is not covered by the provisions of “Eminent Domain” or “Damage and Destruction,” Tenant may, claim the benefit of any property damage insurance which may be payable to Landlord by reason of the loss or casualty giving rise to such need. However, the benefits of such property damage insurance may be claimed only for the purpose of and to the extent such obligations are imposed upon Landlord hereundernecessary to replace, repair or restore the damaged or condemned portion of the Premises. F. Prior to December 31, 2008, Tenant shall, at its sole cost and expense, maintain cause the interior of exterior lighting and irrigation system servicing the Premises and the adjacent 10 Targeting Centre Property shown on Exhibit A to be separated into two different exterior lighting and irrigation systems servicing each premises individually. All work performed by Tenant in good order, condition and repair throughout splitting the entire Lease Term, ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises aforementioned systems shall be done in a neatfirst-class, clean xxxxxxx-like manner and attractive condition at all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations (collectively, “Repairs”) in and to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge often percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided however, Tenant shall have the right to perform, without Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 in the aggregate (at any one time), and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; all applicable laws, rules and a payment bond or other security, all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s use.

Appears in 1 contract

Samples: Lease Agreement (Valassis Communications Inc)

Maintenance Repairs and Alterations. A. 01. Except for repairs which become necessary by reason of the improper conduct, carelessness, negligence or act of omission by Tenant, its employees, agents, servants, customers, guests, invitees, visitors or licensees, within a reasonable time after notice of the necessity of such repairs, Landlord shall repair the roof (tenant agrees that there shall be no access to any part or portion of the extent premises roof by Tenant, Tenant’s employees, and agents, without specific written approval by Landlord), foundation and exterior walls, other Common Area and Building facilities of the Premises other than glass and other breakable materials used in structural portions thereof. All such obligations are imposed upon Landlord hereunderrepair costs involved shall be considered as Common Area Expenses and shall be billed in accordance with the provisions of Section 12. Any repairs, service, or work contracted by Tenant without specific written approval by the Landlord, shall be paid for by the Tenant at its sole expense, even if repair/work should normally be a Common Area Maintenance expense. 02. Except as provided specifically in Section 13.01, Tenant shallis accepting the herein described space in its “as is” condition, without all warranties, without representation from Landlord, and any maintenance, repairs or alterations shall be at the sole expense of Tenant. 03. Except as is provided specifically in Section 13.01 herein, at its sole cost own expense Tenant shall maintain and expenserepair, maintain as necessary, the interior and exterior portions of the Premises in good orderregardless of the cause of the maintenance or repair, condition including specifically all plate glass, exterior and repair throughout interior glass surfaces, heating systems and HVAC, overhead and entry doors, interior walls and ceilings. Landlord reserves the entire Lease Termright, ordinary wear at its option, to contract for the work and tear exceptedpass the costs thereof through to Tenant as additional charges. In addition, Tenant agrees to shall keep the areas visible from outside the Premises in a neatwalks, clean porches, decks, and attractive condition at all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations (collectively, “Repairs”) in and docks adjacent to the Premises, Building plus a minimum of eight (8) feet into the parking lot and Property and the facilities and systems thereof, plus an administration charge often percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions of this Lease, inside any fenced or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any alterations, additions or improvements walled areas immediately adjacent to the Premises (collectivelyand designated for Tenant’s sole use, “Alterations”)free of dirt, litter, snow and ice, and shall be responsible for the maintenance of the automobile tire stops, if any. 04. Tenant shall make no additions, improvements or alterations in or about the Premises without first obtaining presenting to Landlord copies of the plans and specifications created and stamped by a licensed engineer and or architect detailing the desired additions, improvements or alterations to include structural, electrical, and mechanical detailing (loading, circuitry, and distribution). The Tenant must obtain the written consent of LandlordLandlord for the making of such additions, improvements or alterations, which consent shall not be unreasonably withheld withheld. Prior to Tenant making any additions, improvements or delayed; provided howeveralterations in or about the Premises, Tenant shall have the right to performobtain and pay for all necessary city or county approvals, without Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 in the aggregate (at any one time)building permits, and do not affect any mechanical or electrical or life safety systems or plumbing in obtain the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end endorsements of the Lease Term any Alterations installed without insurance referred to in Section 11 herein to extend their coverage during the Landlord’s consentcourse of and pertaining to the construction of such additions, improvements or alterations. Prior All such alterations shall comply with all applicable building and fire codes and shall be constructed only by contractors and subcontractors approved by Landlord prior to commencing any the commencement of such Alterations and as a condition to obtaining Landlord’s consent where necessary, construction. 05. Tenant shall deliver leave outside door locks on the building master system. If any changes are to Landlord plans and specifications acceptable be made to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance the outside door locks, the changes will be performed by a locksmith approved in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to advance by Landlord. Tenant Any changes must be consistent with the master system. If any lock is rekeyed inconsistent with the master system, tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and costs associated with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, rekeying back to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s usemaster system.

Appears in 1 contract

Samples: Lease Agreement

Maintenance Repairs and Alterations. A. Landlord covenants to maintain or cause to be maintained only the sprinkler system, foundations and roof (membrane and supporting membrane) of the Premises, and the structural soundness of the concrete floors and exterior walls thereof and the Common Areas in good order, repair and condition, exclusive of any work required because of damage caused by any act, omission or negligence of Tenant, any subtenant or their respective employees, agents, invitees, licensees or contractors. Landlord agrees that all mechanical systems serving the Premises including but not limited to heating, ventilating, air conditioning, plumbing and electrical systems will be in good working condition upon Lessee’s taking possession of the Premises. B. Except to the extent such obligations are imposed upon Landlord hereunder, Tenant shall, at its sole cost and expense, maintain the interior of the Premises premises in good order, condition and repair throughout the entire Lease Term, ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefortherefore, reimburse Landlord for the cost costs of all repairs, replacements and alterations (collectively, “Repairs”) in and to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge often of five percent (105%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1.) Tenant’s use or occupancy of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunderPremises, (2.) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request Property or by virtue of Tenant’s default in undertaking such obligationsRequired Removables, (3.) the moving of Tenant’s Property and Required Removables into or out of the Building, (4.) any Alterations (herein defined) or other work performed by Landlord pursuant to the Work Letter (subject to any construction allowances), or (45.) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. C. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises (collectively, “Alterations”), without first obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided however, Tenant except in the event of proposed structural or exterior additions, alterations or improvements and except in the event of proposed additions, alterations or improvements to the fire and/or life safety system(s) of the Premises or Building, all of which shall have be subject to the right to performprior written consent of Landlord, without which shall be given or denied in Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 in the aggregate (at any one time), sole and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consentabsolute discretion. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessaryconsent, Tenant shall deliver to Landlord plans and specifications specification acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and and, if the cost of such Alterations exceed $20,000.00 a payment bond or other security, all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of or equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the any insurance requirements and with all applicable codes, ordinances, laws and regulations, including but not limited to those promulgated by federal, state and municipal authorities. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterationsof any Alterations that may affect the structure of the Building or any of the mechanical, and electrical, plumbing or life safety systems of the Building. If Landlord elects to oversee such work, Landlord shall be entitled to receive a fee for such oversight in such event, Tenant shall reimburse Landlord for Landlord’s actual out an amount equal to five percent (5%) of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hourssuch Alterations. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be a representation by Landlord that such plans and specifications specification comply with applicable insurance requirements, building codes, ordinances, laws or, or regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s use.

Appears in 1 contract

Samples: Office Lease (SurgePays, Inc.)

Maintenance Repairs and Alterations. A. (a) Except to the extent such obligations are imposed upon Landlord hereunderas specifically otherwise provided in Paragraph 6.1(c) hereof, Tenant shallLessee, at its sole cost and expense, maintain the interior of the Premises shall maintain, repair and replace, and keep in good order, condition and repair the Premises, including, without limitation, (i) all heating, air conditioning, ventilating, plumbing and electrical systems servicing the Premises (as described in subsection (b) below) and (ii) the portion of the Building roof, walls (external and internal) and foundation located within the Premises. Lessee shall also be responsible for any repairs, replacements or maintenance necessary or appropriate to render existing systems and utilities located in the Premises available and operative for use by Lessee. (b) Exhibit C attached hereto lists certain systems, equipment and services (collectively. "Services") which will be required by the cogeneration Facility, and describes the scope of Lessee's maintenance. repair and replacement responsibilities for each of the Services. (c) Lessor, throughout the entire Lease Termterm of this lease and at Lessor's sole cost and expense. shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Building outside the Premises. and to exterior walls outside the Premises; provided. however, that Lessor shall have no responsibility to make any repair unless and until Lessor receives written notice of the need for such repair. and provided further that Lessor shall have no responsibility to repair any damage (other than ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neattear) which arises out of or is caused by Lessee's use, clean and attractive condition at all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost manner of all repairs, replacements and alterations (collectively, “Repairs”) in and to use or occupancy of the Premises, Building and Property and or by Lessee's installations in or upon the facilities and systems thereofPremises, plus an administration charge often percent (10%) or by any act or omission of such costLessee or any employee, agent, contractor or invitee of Lessee. Lessor shall initiate repair of any problems described in this section that materially affect the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use operation of the Premises in contravention Cogeneration Facility within seven (7) business days following receipt of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided however, Tenant shall have the right to perform, without Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 in the aggregate (at any one time)notice, and do not affect any mechanical or electrical or life safety systems or plumbing in the Buildingshall diligently pursue such repairs thereafter to completion, provided that advance notice has been given subject to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlord. Tenant shall be responsible delays for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate circumstances beyond Lessor's reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s usecontrol.

Appears in 1 contract

Samples: Site Lease (NRG Generating U S Inc)

Maintenance Repairs and Alterations. A. a. Except as provided in Section 7 above, Tenant shall be responsible for all costs of operating and maintaining the Premises and (i) all equipment and facilities used in connection with the Premises, (ii) the emergency boilers, (iii) the fertilizer and irrigation system, (iv) all other equipment under the control of Tenant relating to the extent such obligations are imposed upon Landlord hereunder, Tenant shall, at its sole cost and expense, maintain the interior operation of the Premises and located in good orderthe Auxiliary Building, condition (v) all piping used exclusively for the discharge of heat from the thermal storage system (any piping used jointly for the charge and repair throughout discharge of heat from the entire Lease Termthermal storage system shall be maintained by Landlord), ordinary wear (vi) the irrigation water storage tank located on the Project Property and tear excepted. Tenant agrees to keep the areas visible from outside (vii) pumps, piping and similar facilities associated with any irrigation well serving the Premises in a neat, clean and attractive condition at all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations (collectively, “Repairs”) in and to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge often percent (10%) transporting of water from such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any alterations, additions or improvements irrigation well to the Premises (collectively, “Alterations”)the "Related Facilities") during the Term and Tenant hereby agrees to operate and maintain the Premises and the Related Facilities in good condition, without first obtaining reasonable wear and tear excepted, and to operate the written consent Premises and the Related Facilities in accordance with this Agreement and accepted industry standards throughout the Term of Landlord, which consent shall not be unreasonably withheld or delayed; provided howeverthis Lease. Without limiting the foregoing, Tenant shall have conduct its operations so as not to contaminate or to damage any steam, water or equipment used in the right Project's cogeneration process. Landlord shall maintain the Auxiliary Building. b. All repairs to performthe Premises and the Related Facilities or any installations of equipment or facilities therein are to be made by Tenant at its expense. Without limiting the generality of the foregoing, without Landlord’s consentTenant shall keep all improvements comprising a part of the Premises and the Related Facilities in good repair and shall promptly replace the same when damaged, certain Alterations that do together with all electrical, plumbing and other mechanical installations thereon. Tenant will make any and all replacements from time to time required for the Premises and the Related Facilities at its expense including, by way of example, the roofs on all improvements comprising a part of the Premises. Tenant shall not cost make any repairs to the Premises and the Related Facilities in excess of $25,000.00 in 25,000 (other than emergency repairs to protect the aggregate (at any one time), Premises and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has Related Facilities) unless and until Tenant shall have caused the plans and specifications therefor to have been given to reviewed by Landlord in each instanceand shall have obtained Landlord's written approval thereof and shall have obtained the reasonable consent of Lender. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessaryIf approval is granted, Tenant shall deliver to Landlord cause the work described in such plans and specifications acceptable to Landlord; names be performed, at its expense, promptly, efficiently, competently and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials by duly qualified or other new materials of equal licensed persons or greater qualityentities. LandlordAll such work shall comply with all applicable codes, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for ordinances. c. Tenant will surrender the performance Premises and the Related Facilities at the expiration of work the Term or at such other time as it may vacate the Premises in as good condition as when received, excepting depreciation caused by ordinary wear and tear. d. Tenant will repair promptly, at its expense, any damage to the Premises and the Related Facilities regardless of fault or by whom such damage shall be caused, unless caused by Landlord or any agents, employees or contractors in the Building. Upon completion exclusive employment of Landlord (and not the Alterations, Tenant shall deliver to joint employment of Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s use).

Appears in 1 contract

Samples: Cogeneration and Greenhouse Lease Agreement (Colorado Greenhouse Holdings Inc)

Maintenance Repairs and Alterations. A. Landlord shall reasonably maintain the foundations, exterior walls, masonry, structural floors and roof, the heating, ventilating and air conditioning systems serving the common areas of the Building, and elevators of the Building insofar as such elements affect the Premises, and the exterior walkways, sidewalks, and driveways; but in no event shall Landlord be obligated to repair interior glass, windows or doors of the Premises (which responsibility shall be Tenant’s). Except to the extent such obligations are imposed upon Landlord hereunder, Tenant shall, at its sole cost and expense, maintain the Premises (including, without limitation, any supplemental electrical or HVAC systems serving Tenant's computer facilities, audio/visual, computer, data or telecommunications systems, special security systems, interior of the Premises bathrooms, kitchens and kitchen appliances) in good order, condition and repair throughout the entire Lease Term, ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall, within thirty (30) days after Landlord’s 's written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations (collectively, “Repairs”) in and to the Premises, Building and Property and the facilities and systems thereof, plus an administration administrative charge often of ten percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s 's use or occupancy of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunderPremises, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request 's Property or by virtue of Tenant’s default in undertaking such obligationsRequired Removables, (3) the moving of Tenant’s 's Property and Required Removables into or out of the Building, (4) any Alterations (hereinafter defined) or other work performed by Landlord pursuant to the Work Letter (subject to any construction allowance), or (45) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees Tenant or inviteesany Tenant Parties. B. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided however, Tenant shall have the right to perform, without Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 in the aggregate (at any one time), and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessary's consent, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s 's and subcontractor’s 's insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s 's affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s use.all

Appears in 1 contract

Samples: Office Lease (Aveo Pharmaceuticals, Inc.)

Maintenance Repairs and Alterations. A. Except (a) Subject to the extent such obligations are imposed upon provisions of paragraph 10 below, and except for damages caused by Tenant, its agents or invitees, Landlord hereundershall keep in good condition and repair the foundations and exterior walls and roof of the Building and all common areas within the Building not leased to tenants. Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the premises or the Building in good order, condition, and repair. (b) Tenant shall, at its sole cost and Tenant's expense, maintain the interior portion of the Premises premises (including, but not limited to, all plumbing and electrical connections, outlets and lightbulbs) and any exterior glass or skylights in good order, condition and repair throughout the entire Lease Termrepair. If Tenant fails to do so Landlord may, ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations (collectively, “Repairs”) in and to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge often percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent but shall not be unreasonably withheld or delayed; provided howeverrequired to, Tenant shall have enter the right to perform, without Landlord’s consent, certain Alterations that do not cost premises and put them in excess of $25,000.00 in the aggregate (at any one time)good condition, and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations 's costs thereof shall automatically become due and payable as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlordadditional rent. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risksthe provision, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials at its own expense, of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures appropriate janitorial service for the performance of work premises. Tenant shall also cause to be maintained, at its expense and in good operating condition and repair, all heat, ventilating, and air conditioning equipment installed in the Buildingpremises. Upon completion of the AlterationsIf Landlord so elects, Tenant shall deliver retain the services of Landlord or a maintenance company retained by it to Landlord “as-built” plansperform maintenance of Tenant's heating, contractor’s affidavits ventilating and full air conditioning equipment and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for the cost thereof upon demand. At the expiration of the term Tenant shall deliver up possession of the premises in good condition and repair, only ordinary wear and tear excepted. (c) Tenant shall not, without Landlord’s actual out 's prior consent, make any alterations, improvements, or additions in or about the premises. In requesting Landlord's consent, Tenant shall submit to Landlord complete drawings and specifications describing such work and the identity of pocket costs incurred the proposed contractor. As a condition to giving such consent, Landlord may, among other things, require that Tenant remove any such alterations, improvements or additions at the expiration of the term, and to restore the premises to their prior condition. Before commencing any work relating to alterations, additions, or improvements affecting the premises, Tenant shall notify Landlord of the expected date of commencement thereof and of the anticipated cost thereof, and shall furnish such information as shall reasonably be requested by Landlord substantiating Tenant's ability to pay for such work. Landlord shall then have the right at any time and from time to time to post and maintain on the premises such notices as Landlord reasonably deems necessary to protect the premises and Landlord from mechanics' liens or any other liens. In any event, tenant shall pay when due all claims for labor or materials furnished to or for Tenant at or for use in the premises. Tenant shall not permit any mechanics' liens to be levied against the premises for any labor or materials furnished to Tenant or claimed to have been furnished to Tenant or to Tenant's agents or contractors in connection therewith, which may include with work of any character performed or claimed to have been performed on the cost of management personnel working outside of Normal Business Hours. Landlord’s approval premises by or at the direction of Tenant’s plans and specifications for any Alterations . All alterations, improvements, or additions in or about the premises performed for by or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans done in a first-class, workmanlike manner and specifications comply in compliance with all applicable insurance requirements, building codeslaws, ordinances, laws orregulations, regulations and orders of any governmental authority having jurisdiction thereover, as well as the requirements of insurers of the premises and the Building. Upon Landlord's request, Tenant shall remove any contractor, subcontractor, or material supplier from the premises and the Building if the work or presence of such person or entity results in labor disputes in or about the Building, or damage to the premises or Building. Unless Landlord requires their removal, as set forth above, all alterations, improvements, or additions which may be made on the premises shall become the property of Landlord and remain upon and be surrendered with the premises at the expiration of the term; provided, however, that Tenant's machinery, equipment, and trade fixtures, other than any which may be affixed to the Alterations constructed in accordance with such plans premises so that they cannot be removed without material damage to the premises, shall remain the property of Tenant and specifications will may be adequate for removed by Tenant’s use.

Appears in 1 contract

Samples: Sublease (Depomed Inc)

Maintenance Repairs and Alterations. A. Except (a) Landlord shall keep and maintain in good and tenantable condition and repair, the roof, structural walls, exterior painting, and parking and other common areas; provided, however, that Landlord shall not be required to the extent such obligations are imposed upon Landlord hereunder, Tenant shall, at its sole cost and expense, maintain the interior make repairs necessitated by reason of the negligence of Tenant or anyone claiming under Tenant, or by reason of failure of Tenant to perform or observe any conditions or agreements in this Lease contained, or caused by alterations, additions, or improvements made by Tenant or anyone claiming under Tenant. Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the Premises or the Building in good order, condition and repair. Landlord, and not Tenant, shall be responsible to repair throughout and maintain the entire following: utility lines which serve other tenants in common with Tenant (except to the extent the same are the responsibility of the utility company); damage resulting from any breach of this Lease Termby Landlord (subject to the waiver of subrogation provisions hereof); and remediation and restoration work expressly made the responsibility of Landlord hereunder. (b) Except for the maintenance and repair responsibilities of Landlord expressly provided above, Tenant shall, at Tenant's expense, maintain the entirety of the Premises and the utilities and systems serving the same in good condition and repair, and Tenant shall perform all such items of repairs, maintenance and alteration as may at any time or from time to time be required in order to comply with the provisions of all laws, statutes, ordinances and regulations affecting the Premises. If Tenant fails to do so Landlord may, but shall not be required to, enter the Premises and put them in good condition, and Landlord's costs thereof shall automatically become due and payable as additional rent. At the expiration of the term Tenant shall deliver up possession of the Premises in good condition and repair, only ordinary wear and tear excepted. Tenant . (c) Subject to the provisions of Paragraph 6(d) above, Xxxxxx acknowledges and agrees to keep the areas visible from outside that the Premises have been inspected by Xxxxxx, and are hereby accepted by Tenant in a neattheir "AS-IS" condition, clean and attractive condition at all times. Tenant shallwithout any obligation on Landlord's part to perform or pay for any work or make any improvements, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations (collectively, “Repairs”) or additions in and or to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge often percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. . Tenant shall not make or allow without Landlord's prior consent, not to be made unreasonably withheld, make any alterations, improvements or additions in or about the Premises. As a condition to giving such consent, Landlord may require that Tenant remove any such alterations, improvements or additions at the expiration of the term, and to restore the Premises to their prior condition. Before commencing any work relating to alterations, additions or improvements to affecting the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided howeverPremises, Tenant shall notify Landlord of the expected date of commencement thereof and of the anticipated cost thereof, and shall furnish complete drawings and specifications describing such work as well as such information as shall reasonably be requested by Landlord substantiating Tenant's ability to pay for such work. Landlord shall then have the right at any time and from time to performtime to post and maintain on the Premises such notices as Landlord reasonably deems necessary to protect the Premises, without Landlord’s consentthe Building and Landlord from mechanics' liens or any other liens. In any event, certain Alterations that do not cost in excess of $25,000.00 Tenant shall pay when due all claims for labor or materials furnished to or for Tenant at or for use in the aggregate (Premises. Tenant shall not permit any mechanics' liens to be levied against the Premises for any labor or materials furnished to Tenant or claimed to have been furnished to Tenant or to Tenant's agents or contractors in connection with work performed or claimed to have been performed on the Premises by or at the direction of Tenant. All alterations, improvements or additions in or about the Premises performed by or on behalf of Tenant shall be done by contractors designated or approved by Landlord, in a first-class, workmanlike manner which does not disturb or interfere with other tenants and in compliance with all applicable laws, ordinances, regulations and orders of any one time)governmental authority having jurisdiction thereover, as well as the requirements of insurers of the Premises and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations and as a condition to obtaining work if required by Landlord’s consent where necessary, Tenant shall deliver purchase builder's risk insurance in an amount no less than the value of the completed work of alteration, addition or improvement on an all-risk basis, covering all perils then customarily covered by such insurance. In addition, prior to the commencement of any such work, if Landlord so requests, Tenant shall furnish to Landlord plans performance and specifications acceptable to Landlord; names payments bonds in a form and addresses of contractors issued by a surety reasonably acceptable to Landlord; copies Landlord in an amount equal to the cost of contracts; necessary permits and approvals; evidence such work of contractor’s and subcontractor’s insurance alteration, improvement or addition. Notwithstanding anything in accordance with Section 13 hereof; and a payment bond or other securitythis paragraph to the contrary, all in form and amount satisfactory to Landlord. upon Xxxxxxxx's request, Tenant shall be responsible for insuring that all remove any contractor, subcontractor or material supplier from the Premises and the Building if the work or presence of such persons procure and maintain insurance coverage against such risks, person or entity results in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed labor disputes in a good and workmanlike manner using or about the Building standard materials or other new materials of equal or greater quality. Landlord, damage to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in Premises or the Building. Upon completion of the Alterationswork performed for Tenant, at Landlord's request Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits evidence of full payment therefor and full and final unconditional waivers and releases of lien liens for all labor, services and/or materials used. Unless Landlord requires their removal, as set forth above, all alterations, improvements or additions which may be made on the Premises shall become the property of Landlord and receipted bills covering all labor remain upon and materials. All Alterations shall comply be surrendered with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination Premises at the termination or expiration of the architecturalterm; provided, mechanicalhowever, electrical that Tenant' s machinery, equipment and plumbing plans for trade fixtures, other than any Alterations. In additionwhich may be affixed to the Premises so that they cannot be removed without material damage to the Premises, if Landlord so requests, Landlord shall remain the property of Tenant and shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of removed by Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s use.

Appears in 1 contract

Samples: Office Lease (Smartage Corp)

Maintenance Repairs and Alterations. A. Except (a) Subject to the extent such obligations are imposed upon provisions of paragraph 10 below, and except for damages caused by Tenant, its agents or invitees, Landlord hereundershall keep in good condition and repair the foundations and exterior walls and roof of the Building and all common areas within the Building not leased to tenants. Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the premises or the Building in good order, condition, and repair. (b) Tenant shall, at its sole cost and Tenant's expense, maintain the interior portion of the Premises premises (including, but not limited to, all plumbing and electrical connections, outlets and lightbulbs) and any exterior glass or skylights in good order, condition and repair throughout repair. If Tenant fails to do so Landlord may, but shall not be required to, enter the entire Lease Termpremises and put them in good condition, and Landlord's costs thereof shall automatically become due and payable as additional rent Tenant shall be responsible for the provision, at its own expense, of appropriate janitorial service for the premises. Tenant shall also cause to be maintained, at its expense and in good operating condition and repair, all heat, ventilating, and air conditioning equipment installed in the premises. If Landlord so elects, Tenant shall retain the services of Landlord or a maintenance company retained by it to perform maintenance of Tenant's heating, ventilating and air conditioning equipment and shall reimburse Landlord for the cost thereof upon demand. At the expiration of the term Tenant shall deliver up possession of the premises in good condition and repair, only ordinary wear and tear excepted. (c) Tenant shall not, without Landlord's prior consent, make any alterations, improvements, or additions in or about the premises. In requesting Landxxxx'x xonsent, Tenant agrees shall submit to keep Landlord complete drawings and specifications describing such work and the areas visible from outside identity of the Premises in proposed contractor. As a neatcondition to giving such consent, clean and attractive condition Landlord may, among other things, require that Tenant remove any such alterations, improvements or additions at all times. Tenant shallthe expiration of the term, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations (collectively, “Repairs”) in and to restore the Premisespremises to their prior condition. Before commencing any work relating to alterations, Building additions, or improvements affecting the premises, Tenant shall notify Landlord of the expected date of commencement thereof and Property and of the facilities and systems anticipated cost thereof, plus an administration charge often percent (10%) of and shall furnish such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken information as shall reasonably be requested by Landlord substantiating Tenant's ability to pay for such work. Landlord shall then have the right at Tenant’s request any time and from time to time to post and maintain on the premises such notices as Landlord reasonably deems necessary to protect the premises and Landlord from mechanics' liens or by virtue of Tenant’s default any other liens. In any event, tenant shall pay when due all claims for labor or materials furnished to or for Tenant at or for use in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. premises. Tenant shall not make or allow permit any mechanics' liens to be made levied against the premises for any labor or materials furnished to Tenant or claimed to have been furnished to Tenant or to Tenant's agents or contractors in connection with work of any character performed or claimed to have been performed on the premises by or at the direction of Tenant. All alterations, improvements, or additions in or improvements to about the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided however, Tenant shall have the right to perform, without Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 in the aggregate (at any one time), and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be premises performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans done in a first-class, workmanlike manner and specifications comply in compliance with all applicable insurance requirements, building codeslaws, ordinances, laws orregulations, regulations and orders of any governmental authority having jurisdiction therefor, as well as the requirements of insurers of the premises and the Building. Upon Landlord's request, Tenant shall remove any contractor, subcontractor, or material supplier from the premises and the Building if the work or presence of such person or entity results in labor disputes in or about the Building, or damage to the premises or Building. Unless Landlord requires their removal, as set forth above, all alterations, improvements, or additions which may be made on the premises shall become the property of Landlord and remain upon and be surrendered with the premises at the expiration of the term; provided, however, that Tenant's machinery, equipment, and trade mixtures, other than any which may be affixed to the Alterations constructed in accordance with such plans premises so that they cannot be removed without material damage to the premises, shall remain the property of Tenant and specifications will may be adequate for removed by Tenant’s use.

Appears in 1 contract

Samples: Research and Development Lease (Penederm Inc)

Maintenance Repairs and Alterations. A. 01. Except to for repairs which become necessary by reason of the extent improper conduct, carelessness, negligence or act of omission by Tenant, it's employees, agents, servants, customers, guests, invitees, visitors or licensees, within a reasonable time after notice of the necessity of such obligations are imposed upon repairs, Landlord hereundershall repair the roof, foundation and exterior walls, other Common Area and Building facilities of the Premises, except for glass and other breakable materials used in structural portions thereof. All such repair costs involved shall be considered as Common Area Expenses and shall be billed in accordance with the provisions of paragraph 12. Except for repairs which become necessary by reason of the improper conduct, carelessness, negligence or act of omission by Tenant, its employees, agents, servants, customers, guests, invitees, visitors or licensees, within a reasonable time after notice of the necessity of such repairs, Landlord shall repair the roof, foundation and exterior walls, other Common Area and Building facilities of the Premises, except for glass and other breakable materials used in structural portions thereof. Any repairs, service, or work contracted for by Tenant without specific written approval by the Landlord, shall be paid for by the Tenant at its sole expense, even if repair/work would normally be a Common Area Expense. 2. Except as otherwise specifically provided in this Lease, Tenant shallis accepting the herein described Premises in its "AS IS" condition, without representation from either Landlord, and/or Xxxxxxx X. Xxxxxx & Associates, Inc., and any and all additional improvements, maintenance, repairs, changes in conditions or alterations shall be at the sole cost and expense of Tenant. 3. Except as is provided specifically in paragraph 13.01 herein, at its sole cost own expense Tenant shall maintain, repair, and expensereplace, maintain as necessary, the interior of the Premises regardless of the cause of the maintenance or repair, including, specifically, all plate glass, exterior and interior glass surfaces, interior distribution of heating systems and HVAC systems, overhead and entry doors, interior walls, ceilings, plumbing and electrical fixtures, floors, walls and finishes. The foregoing notwithstanding, Landlord reserves the right, at its option, to contract for the work described in good orderthe preceding sentence and pass the costs thereof through to Tenant as Additional Rent. In addition, condition and repair throughout the entire Lease Term, ordinary wear and tear excepted. Tenant agrees to shall keep the areas visible from outside the Premises in a neatwalks, clean porches, decks, and attractive condition at all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations (collectively, “Repairs”) in and docks adjacent to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge often percent (10%) a minimum of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or four (4) feet into the actparking lot and inside any fenced or walled areas immediately adjacent to the Premises, omission.free of dirt, misuse or negligence litter, snow and ice, and shall further be responsible for the proper maintenance of Tenant, its agents, contractors, employees or inviteesthe automobile tire stops within such area. B. 4. Tenant shall not make no additions, improvements or allow to be made alterations in or about the Premises, nor shall Tenant install or attach any alterations, additions or improvements to the Premises (collectively, “Alterations”)Trade Fixture, without first obtaining presenting to Landlord copies of plans and specifications, created and stamped by a licenses engineer and or architect, detailing the written consent of Landlorddesired additions, improvements, alterations or Trade Fixtures, which consent plans and specifications shall include, but shall not be unreasonably withheld or delayed; provided howeverlimited to, Tenant shall have the right to performstructural, without Landlord’s consentelectrical, certain Alterations that do not cost in excess of $25,000.00 in the aggregate and mechanical detailing (at any one timeloading, circuitry, and distribution), walls, doors, flooring, fixtures and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instancefinishes. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver to Landlord Such plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid clearly identify any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requestsimprovement, Landlord shall be entitled alteration, thing, item or device which Tenant desires to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s use.classify as a Trade Fixture (see

Appears in 1 contract

Samples: Lease Agreement (Growlife, Inc.)

Maintenance Repairs and Alterations. A. Except (a) Subject to the extent such obligations are imposed upon Landlord hereunderprovisions of paragraph 10 below, Tenant shall, at its sole cost and expense, maintain the interior of the Premises in good order, condition and repair throughout the entire Lease Term, ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord except for the cost of all repairs, replacements and alterations (collectively, “Repairs”) in and to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge often percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken damages caused by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees agents or invitees. B. , Lessor shall cause to be kept in good condition and repair, and Tenant shall not make or allow be responsible for maintenance costs associated with, the foundations and exterior walls and roof of the Building and all common areas within the Building not leased to tenants. (b) Lessor shall cause to be made maintained, and Tenant shall not be responsible for costs associated with the maintenance of, the interior portion of the premises (including, but not limited to, all plumbing and electrical connections, outlets and lightbulbs) and any exterior glass or skylights in good condition and repair. (c) Tenant shall not, without Xxxxxx's prior consent, make any alterations, improvements, or additions in or improvements about the premises with a cost individually or in the aggregate as to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided however, Tenant shall have the right to perform, without Landlord’s consent, certain Alterations that do not cost each project in excess of $25,000.00 in the aggregate (at 1,000, or involving any one time), and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instancestructural changes. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s In requesting Xxxxxx's consent. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver submit to Landlord plans Lessor complete drawings and specifications acceptable describing such work and the identity of the proposed contractor. Lessor shall not unreasonably withhold its Premises Rental Sub-Lease consent to Landlord; names proposed alterations or improvements which are consistent with the quality and addresses design of contractors reasonably acceptable other improvements previously constructed by Tenant within the premises. Before commencing any work relating to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond alterations, additions, or other securityimprovements affecting the premises, all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants notify Lessor of the Buildingexpected date of commencement thereof and of the anticipated cost thereof, and shall furnish such information as shall reasonably be requested by Lessor substantiating Tenant's ability to pay for such work. Lessor shall then have the right at any time and from time to designate time to post and maintain on the time when premises such notices as Lessor reasonably deems necessary to protect the premises and Lessor from construction liens or any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterationsother liens. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord pay when due all claims for Landlord’s actual out of pocket costs incurred labor or materials furnished to or for Tenant at or for use in the premises. Tenant shall not permit any construction liens to be levied against the premises or the Building for any labor or materials furnished to Tenant or to Tenant's agents or contractors in connection therewith, which may include with work of any character performed or claimed to have been performed on the cost of management personnel working outside of Normal Business Hours. Landlord’s approval premises by or at the direction of Tenant’s plans , and specifications for if such liens are levied, Tenant shall cause them to be removed by bonding or otherwise within five days of the date any Alterations such lien is filed. All alterations, improvements, or additions in or about the premises performed for by or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans done in a first-class, workmanlike manner and specifications comply in compliance with all applicable insurance requirements, building codeslaws, ordinances, laws orregulations, regulations and orders of any governmental authority having jurisdiction thereover, as well as the requirements of insurers of the premises and the Building. Upon Xxxxxx's request, Tenant shall remove any contractor, subcontractor, or material supplier from the premises and the Building if the work or presence of such person or entity results in damage to the premises or Building. All alterations, improvements, or additions which may be made on the premises shall become the property of Lessor and remain upon and be surrendered with the premises at the termination or expiration of the term; provided, however, that Tenant's machinery, equipment, and trade fixtures, other than any which may be affixed to the Alterations constructed in accordance with such plans premises so that they cannot be removed without material damage to the premises, shall remain the property of Tenant and specifications will shall be adequate for Tenant’s useremoved by Tenant at the expiration or earlier termination of the term.

Appears in 1 contract

Samples: Premises Rental Sub Lease Agreement

Maintenance Repairs and Alterations. A. Except to the extent such obligations are imposed upon Landlord hereunder, Tenant shall, at its sole cost and expense, maintain the interior of the Premises in good order, condition and repair throughout the entire Lease Term, ordinary wear and tear and casualty excepted, including but not limited to, windows (except as otherwise expressly provided in Section 8B below), glass, plate glass doors, any special office entry, interior walls and finish work, floors and floor covering, heating and air conditioning systems, lighting, electrical systems in the Premises from the main suite panel, dock boards, truck doors, and door bumpers. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Except as otherwise expressly provided below, Tenant shall be responsible for repair, maintenance and replacement, if necessary, of the HVAC system and equipment serving the Premises. All such repairs, replacements or alterations shall be performed in accordance with Section 8C below and the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance of work in the Building. Landlord and Tenant acknowledge that prior to the Commencement Date Landlord, at its sole cost and expense, will replace one of the four (4) existing rooftop HVAC units serving the Premises (the remaining three (3) existing rooftop HVAC units currently serving the Premises are referred to herein as the "3 Existing HVAC Units"). Notwithstanding the foregoing, provided that Tenant maintains the required maintenance service contract for the HVAC units serving the Premises as required herein, and except for any repairs or replacements necessitated by any negligent action or inaction of Tenant or its agents, employees, invitees, licensees, or visitors, in the event any of the 3 Existing HVAC Units require repairs (or replacement) exceeding $1,500.00 per unit per year, excluding the cost of the annual maintenance contract, Landlord shall, at its reasonable discretion, elect to repair or replace such unit(s), and Tenant's responsibility for such repair or replacement cost shall be limited to that portion of the amortized cost thereof (amortized over a fifteen (15) year period at an interest rate of ten percent (10%) per annum) that is allocable to the Lease Term, including any renewal term, if applicable, and such amortized cost shall be paid by Tenant in equal monthly installments on a monthly basis (including during any renewal term) as Additional Rent. If Tenant fails to maintain the required maintenance service contract in effect at any time during the Lease Term, Landlord's obligation to pay for any repair or replacement of any of the 3 Existing HVAC Units shall terminate and be of no force or effect. Tenant shall, at its own costs and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems and equipment within or exclusively serving the Premises. The maintenance contractor and the contract must be approved by Landlord, which approval shall not be unreasonably withheld. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective (and a copy thereof delivered to Landlord) within thirty (30) days of the date Tenant takes possession of the Premises and provide for service on not less than a quarterly basis. Additionally, the service contract must provide that a copy of all service reports shall be delivered to Landlord promptly after Landlord's request therefor. At least 14 days before the end of the Lease Term, Tenant shall deliver to Landlord a certificate from an engineer reasonably acceptable to Landlord certifying that the hot water equipment and the HVAC system are then in good repair and working order for their intended use and age of the units and systems. Tenant shall, at Tenant's sole cost and expense, provide janitorial service to the Premises and contract for trash removal and pest control for the Premises. If Tenant fails to maintain the Premises in good order, condition and repair, Landlord shall give Tenant notice to perform such acts as are reasonably required to so maintain the Premises. If Tenant fails to promptly commence such work and diligently pursue it to its completion within thirty (30) days after written notice from Landlord (or as soon as is reasonably possible in the event of an emergency), then Landlord may, at is option, make such repairs, and Tenant shall pay the cost thereof to Landlord on demand as Additional Rent, together with an administration charge in an amount equal to ten percent (10%) of the cost of such repairs. Tenant shall, within thirty (30) days after Landlord’s 's written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations (collectively, "Repairs") in and to the Premises, Building and Property Project and the facilities and systems thereof, plus an and administration charge often of ten percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s 's use or occupancy of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunderPremises, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request 's Property (hereinafter defined) or by virtue of Tenant’s default in undertaking such obligations, Alterations (3) the moving of Tenant’s Property into or out of the Buildinghereinafter defined), or (43) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Landlord shall keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance and, if necessary, replacement of the roof, roof membrane, foundation, exterior window seals and exterior walls of the Building, reasonable wear and tear excepted. The term "walls" as used herein shall not include windows, glass or plate glass, doors, special storefronts or office entries. Tenant shall immediately give Landlord written notice of the need for repairs, after which Landlord shall have reasonable opportunity to repair same. Landlord shall also maintain in good repair and condition the parking areas and other Common Areas of the Project, including, but not limited to driveways, alleys, landscape and grounds. Tenant will be responsible for the payment of all costs associated with Landlord's repairs if the need therefor arises due to the negligence of Tenant or its agents, employees, licensees or invitees. Except as otherwise expressly provided in this Section 8B, Landlord will not at any time be required to make any improvements, repairs, replacements or alterations to the Premises. C. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises (collectively, "Alterations"), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld withheld, conditioned or delayed. However, Landlord's consent shall not be required for any nonstructural alteration that satisfies all of the following criteria (a "Cosmetic Alteration"): (1) is not visible from the exterior of the Premises or Building; provided however, Tenant shall have (2) will not affect the right systems or structure of the Building; (3) does not require work to perform, without be performed inside the walls or above the ceiling of the Premises; (4) does not cost more than $15,000.00 in the aggregate; and (5) does not require a building permit. Except for the requirement of obtaining Landlord’s 's prior written consent, certain Cosmetic Alterations that do not cost in excess shall otherwise be subject to all the other provisions of $25,000.00 in the aggregate (at any one time), and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. this Section 8.C. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessary's consent, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s 's and subcontractor’s 's insurance in accordance with Section 13 11 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring ensuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord "as-built" plans, contractor’s 's affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any AlterationsAlterations that may affect the structure of the Building or any of the mechanical, and electrical, plumbing or life safety systems of the Building. If Landlord elects to oversee such work affecting the structure or systems of the Building, Landlord shall be entitled to receive a fee for such oversight in such eventan amount equal to the actual construction management fees incurred by Landlord, Tenant shall reimburse Landlord for Landlord’s actual out not to exceed five percent (5%) of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hourssuch Alterations. Landlord’s 's approval of Tenant’s 's plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be a representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, or regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s 's use. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner, erect such shelves, bins, machinery, and trade fixtures (together with any other personal property brought into the Premises by Tenant, collectively, "Tenant's Property") as it may deem advisable, without altering the basic character of the Building or improvements and without overloading or damaging such Building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All Alterations and partitions erected by Tenant shall be and remain the property of Tenant during the Lease Term, and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all Alterations erected by Tenant and restore the Premises to its original condition by the date of termination of this Lease or upon earlier vacating of the Premises; provided, however, that if Landlord so elects at the time it approves the Alterations or at the time the plans and specifications are submitted to Landlord, such Alterations and/or partitions shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. All of Tenant's Property may be removed by Tenant prior to the termination of this Lease, and all of Tenant's Property and all electronic, phone and data cabling exclusively serving the Premises (whether such cabling is located within or outside of the Premises) shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises. Any removal by Tenant shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the Building. If Tenant fails to remove any of the foregoing items or to perform any required repairs and restoration, Landlord, at Tenant's sole cost and expense, may remove the same (and repair any damage occasioned thereby) and dispose thereof or deliver such items to any other place of business of Tenant, or warehouse the same, and Tenant shall pay the cost of such removal, repair, delivery, or warehousing of such items within five (5) days after demand from Landlord.

Appears in 1 contract

Samples: Industrial Building Lease (Chimerix Inc)

Maintenance Repairs and Alterations. A. Except 7.1 TENANT MAINTENANCE, REPAIR, REPLACEMENT AND RESTORATION OBLIGATIONS. Subject to the extent such obligations are imposed upon Landlord hereunderprovisions of Sections 7.2, 8 and 9.3, Tenant shall, during the Term, at its Tenant's sole cost and expense, maintain keep the interior Property and every part thereof in good, clean, safe, and lawful order, condition and repair. Tenant's obligations under the immediately preceding sentence shall include, without limitation, the obligation to maintain, repair, and replace all Alterations, all Tenant Improvements, all Tenant's Equipment, all landscaping and irrigation systems (collectively, "Landscaping"), and all Utility Installations. "Utility Installations" shall mean all parts of all electrical, water, gas, telephone, security, sewage and plumbing systems, utility systems (including all power panels, air lines, and electrical distribution systems, fire protection systems (including sprinklers, (and/or stand pipe and hose or other automatic fire extinguishing systems, fire alarms and other life-safety systems), communication systems, located within or serving the Property, and all HVAC. "HVAC" shall mean collectively all portions of the Premises heating, ventilation and air conditioning systems serving the Building. The term "Improvements" shall collectively mean all Tenant Improvements (which shall include the Building General Work, the Tenant-Specific Work), all Tenant installed above ground and underground tanks and installations and any other storage tanks and installations used by Tenant (whether or not installed by Tenant), all cubicles, mezzanines, electrical hardware, electrical and mechanical rooms, telephone closets, offices and partitions, all Alterations, all signage, all Landscaping, and all Utilities Installations. Tenant's obligations under this Section 7.1 shall include restorations and replacements, whether capital or non-capital (subject only to Section 7.2, below), whenever necessary or reasonable to keep the Property and all Improvements or parts thereof in good order, condition and state of repair throughout the entire Lease Term, ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at full compliance with all timesApplicable Laws. Tenant shall, within thirty (30) days after at Tenant's sole cost and expense, procure and maintain contracts, with copies to Landlord’s written demand therefor, reimburse Landlord for in customary form and substance for, and with contractors specializing and experienced in the cost of all repairsinspection, replacements maintenance and alterations (collectively, “Repairs”) in and to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge often percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use service of the Premises in contravention of following equipment and improvements located on the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunderProperty: (i) HVAC (the "HVAC Contract"), (2ii) the installationboiler, removal, use fired or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligationsunfired pressure vessels, (3iii) fire sprinkler and/or stand pipe and hose or other automatic fire extinguishing systems, including fire alarm and/or smoke detection, (iv) roof covering and drain maintenance (the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided however, Tenant shall have the right to perform, without Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 in the aggregate (at any one time"Roof Maintenance Contract"), and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s use.(v)

Appears in 1 contract

Samples: Lease (Virco MFG Corporation)

Maintenance Repairs and Alterations. A. Except to the extent such obligations are imposed upon Landlord hereunder, Tenant shall, at its sole cost and expense, maintain the interior of the Premises (and any laboratory improvements, office improvements and all other improvements therein), in good order, condition and repair throughout the entire Lease Term, ordinary wear and tear excepted, including but not limited to, interior walls, finish work and floor covering; provided that Tenant shall notify Landlord of any required repairs to the Premises and Landlord shall perform the same at Tenant’s sole cost and expense. Tenant shall reimburse Landlord for such repair costs within thirty (30) days after receipt of an invoice therefor. Txxxxx agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. If Tenant fails to maintain the Premises in good order, condition and repair, Landlord shall give Tenant notice to perform such acts as are reasonably required to so maintain the Premises. If Tenant fails to promptly commence such work and diligently pursue it to its completion, then Landlord may, at is option, make such repairs, and Tenant shall pay the cost thereof to Landlord on demand as Additional Rent, together with an administration charge in an amount equal to ten percent (10%) of the cost of such repairs. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations (collectively, “Repairs”) in and to the Premises, Building and Property Project and the facilities and systems thereof, plus an and administration charge often of ten percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use or occupancy of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunderPremises, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request Property (hereinafter defined) or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Buildingalterations, or (43) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees.. Office of the General Counsel Industrial Lease for Energy Research Park (ERP) 5 OGC-S-2017-04 Created 09.30.2016 B. Tenant Landlord shall, as a component of Basic Costs, keep and maintain in good repair and working order and make repairs to and perform maintenance upon: (1) the structural elements of the Building; (2) the Building systems that serve the Building in general; and (3) the roof of the Building. Landlord shall not make or allow to be made any alterationsat Tenant’s sole cost and expense, additions or improvements to (i) maintain, repair and replace the Premises mechanical (collectively, “Alterations”including HVAC), without first obtaining the written consent of Landlordelectrical, which consent shall not be unreasonably withheld or delayed; provided however, Tenant shall have the right to perform, without Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 in the aggregate (at any one time), plumbing and do not affect any mechanical or electrical or fire/life safety systems or plumbing serving the Premises, including without limitation, entering into a regularly scheduled preventative maintenance/service contract with respect to the HVAC systems, and (ii) maintain, repair and replace the following portions of the Premises and dock area serving the Premises: the windows, glass, plate glass doors in the BuildingPremises, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations special office entry, dock doors and as a condition to obtaining Landlord’s consent where necessaryancillary equipment, Tenant shall deliver to Landlord plans water heaters, dock bumpers, dock levelers and specifications acceptable to Landlord; names shelters/seals and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlordrestraints. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as immediately give Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants written notice of the Buildingneed of any repairs for which Landlord is responsible, after which Landlord shall have the right reasonable opportunity to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulationsperform same. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside any maintenance, repair or replacement to be made at Tenant’s expense within thirty (30) days after receipt of Normal Business Hoursan invoice from Landlord therefor. Landlord shall also maintain in good repair and condition the parking areas and other Common Areas of the Project, including, but not limited to driveways, alleys, landscape and grounds. Tenant will be responsible for the payment of all costs associated with Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for maintenance if the need therefor arises due to the fault or on behalf negligence of Tenant or its agents, employees, licensees or invitees. Except as otherwise expressly provided in this Section 9.B, Landlord will not at any time be required to make any improvements, repairs, replacements or alterations to the Premises. Tenant shall not be deemed have the duty to periodically inspect the Premises and notify Landlord should Txxxxx observe a need for repairs or maintenance of any obligations to be representation performed by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s useunder this Lease.

Appears in 1 contract

Samples: Industrial Lease (FibroBiologics Inc.)

Maintenance Repairs and Alterations. A. Except (a) Subject to the extent such obligations are imposed upon provisions of Paragraph 10 below, and except for damages caused by Tenant, its agents or invitees, Landlord hereundershall keep in good condition and repair the foundations and exterior walls and roof of the Building and all common areas within the Building not leased to tenants. Tenant expressly waives the benefits of any statute which would otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the premises or the Building in good order, condition, and repair. Xxxxxx has the right to seek other remedies at law against Landlord. (b) Tenant shall, at its sole cost and Tenant's expense, maintain the interior portion of the Premises premises (including, but not limited to, all plumbing and electrical connections, outlets and lightbulbs) in good order, condition and repair throughout the entire Lease Termrepair. If Tenant fails to do so, ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neatLandlord may, clean and attractive condition at all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations (collectively, “Repairs”) in and to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge often percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent but shall not be unreasonably withheld or delayed; provided howeverrequired to, Tenant shall have enter the right to perform, without Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 premises and put them in the aggregate (at any one time), and do not affect any mechanical or electrical or life safety systems or plumbing in same condition as upon the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end commencement of the Lease Term any Alterations installed without the term, and Landlord’s consent. Prior to commencing any such Alterations 's out-of-pocket costs thereof shall automatically become due and payable as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlordadditional rent. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risksthe provision, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials at its own expense, of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures appropriate janitorial service for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulationspremises. Tenant shall reimburse Landlord upon demand for also cause to be maintained, at its expense and in good operating condition and repair, all reasonable sumsheat, if anyventilating, expended by Landlord for third party examination of and air conditioning equipment installed in the architectural, mechanical, electrical and plumbing plans for any Alterationspremises. In additionProvided Tenant is in default beyond cure periods, if Landlord so requestselects, Tenant shall retain the services of Landlord or a maintenance company retained by it to perform maintenance of Tenant's heating, ventilating and air conditioning equipment and shall reimburse Landlord for the cost thereof upon demand. At the expiration of the term Tenant shall deliver up possession of the premises in good condition and repair, only ordinary wear and tear excepted. (c) Tenant shall not, without Landlord's prior consent, make any alterations, improvements, or additions in or about the premises. In requesting Xxxxxxxx's consent, Tenant shall submit to Landlord complete drawings and specifications describing such work and the identity of the proposed contractor. As a condition to giving such consent, Landlord shall be entitled to oversee may, among other things, require that Tenant remove any such alterations, improvements or additions at the construction expiration of any Alterationsthe term, and in restore the premises to their prior condition. Before commencing any work relating to alterations, additions, or improvements affecting the premises, Tenant shall notify Landlord of the expected date of commencement thereof and of the anticipated cost thereof, and shall furnish such information as shall reasonably be requested by Landlord substantiating Tenant's ability to pay for such work. Landlord shall then have the right at any time and from time to time to post and maintain on the premises such notices as Landlord reasonably deems necessary to protect the premises and Landlord from mechanics' liens or any other liens. In any event, Tenant shall reimburse Landlord pay when due all claims for Landlord’s actual out of pocket costs incurred labor or materials furnished to or for Tenant at or for use in the premises. Tenant shall not permit any mechanics' liens to be levied against the premises for any labor or materials furnished to Tenant or claimed to have been furnished to Tenant or to Tenant's agents or contractors in connection therewith, which may include with work of any character performed or claimed to have been performed on the cost of management personnel working outside of Normal Business Hours. Landlord’s approval premises by or at the direction of Tenant’s plans and specifications for any Alterations . All alterations, improvements, or additions in or about the premises performed for by or on behalf of Tenant shall be done in a first-class, workmanlike manner, shall not unreasonably lessen the value of the leasehold improvements in the premises, and shall be deemed to be representation by Landlord that such plans and specifications comply completed in compliance with all applicable insurance requirements, building codeslaws, ordinances, laws orregulations, regulations and orders of any governmental authority having jurisdiction thereover, as well as the requirements of insurers of the premises and the Building. Upon Landlord's request, Tenant shall remove any contractor, subcontractor, or material supplier from the premises and the Building if the work or presence of such person or entity results in labor disputes in or about the Building or the Marina Village Project (the "Project"), or damage to the premises, Building or Project. Unless ------- Landlord requires their removal as set forth above, all alterations, improvements or additions which may be made on the premises shall become the property of Landlord and remain upon and be surrendered with the premises at the expiration of the term; provided, however, that Tenant's machinery, equipment and trade fixtures, other than any which may be affixed to the Alterations constructed in accordance with premises so that they cannot be removed without material damage to the premises, shall remain the property of Tenant and may be removed by Tenant provided further Tenant shall be responsible for repairing all damage to the premises caused by such plans and specifications will be adequate for Tenant’s useremoval.

Appears in 1 contract

Samples: Net Office Lease (Xenogen Corp)

Maintenance Repairs and Alterations. A. Except 7.01 Lessee will at its own cost and expense repair the parking area, damage to the extent foundation, roof, or to the exterior walls of the premises including, but not limited to plate glass and doors, heating and air conditioning equipment (whether roof mounted or otherwise affixed outside the leased premises); electrical and plumbing equipment; all fixtures; all wiring and plumbing lines (whether exposed or concealed); doors, door frames, molding, trim, windows, window frames, closure devices, hardware, plate glass and floor covering. Lessee shall not make or permit any penetration in the roof above the leased premises and shall be responsible for all rooftop flashing around the rooftop air conditioning unit. If any such roof penetration is required in connection with Lessee’s repair responsibilities, Lessor shall perform such roof penetration at Lessee’s cost, which shall be paid upon demand. If Lessor considers necessary any repairs, maintenance or replacements required to be performed by Lessee, under this Lease, and if Lessee refuses or neglects to perform same after reasonable notice (except in the event of an emergency, when no prior notice shall be required), Lessor shall have the right (but shall not be obligated), to perform such repair, maintenance or replacement and Lessee will pay the cost thereof on demand. All maintenance and repairs, except as is expressly made Lessor’s obligations are imposed upon Landlord hereunderunder the provisions in this Lease, Tenant shallshall be promptly and efficiently carried out at Lessee’s expense. 7.02 Cumulative of the above, Lessee shall not commit nor permit any waste nor injure the premises, but will take good care of the same, Lessee agreeing to maintain and keep same in good and constant repair at its sole cost and expense, maintain including plumbing both concealed and exposed within and without the interior premises to any connection with the City of Meadow or other municipal sewer system, heating, gas, water, sewer, air conditioning, electrical and other connections, installations and systems, hardware, doors, windows and glass, and all fixtures, equipment, connections and appurtenances, in any way relating to the Premises foregoing, without exception. At the end of this Lease, Lessee will surrender said premises to Lessor in good order, condition and repair throughout the entire Lease Term, except for ordinary wear and tear exceptedtear, except to the extent that Lessor has any express obligation to repair the premises under the terms of this Lease. Tenant agrees Lessee will not overload the slab or foundation, do or cause anything to be done which will have the effect of overloading or damaging the slab or foundation, this being a condition of this Lease. 7.03 Lessor reserves the right but does not have the obligation, to enter the leased premises at any reasonable time to inspect the condition thereof. 7.04 Lessor further reserves the right, but not the duty, to repair or maintain the premises or any part thereof in those instances where Lessee is obligated to do so, and the reasonable and necessary costs thereof shall constitute a demand obligation against the Lessee, together with interest thereon at the maximum rate provided by law and reasonable expenses and attorney’s fees for the collection thereof, all of which shall constitute a rental obligation. 7.05 Lessee shall be allowed to make all reasonable alterations or additions to the premises necessary for the permitted use of the premises without written consent of the Lessor. All alterations and additions shall be accomplished in a good and workmanlike manner in strict accordance with all laws and regulations and at Lessee’s sole cost and expense, and removable Trade Fixtures shall be removed at Lessor’s election by notice given to the Lessee at the expiration or termination of this Lease to restore the premises as nearly as is practical to the condition as the same existed before such alterations and/or additions were made. Subject to the lien and security interest and other rights of Lessor, Lessee shall remove only “Removable Trade Fixtures,” as hereinafter defined, (excluding all components of the HVAC system, pipes, paneling or other wall covering or floor covering), and, in addition to other applicable provisions of this Lease regarding such removal, the following shall apply: (1) such removal must be made prior to the termination of the term of this Lease; (2) Lessee must not be in default of any obligation or covenant under this Lease at the time of such removal; and (3) such removal must be effected without damage to the leased premises or the building of which the leased premises are a part and Lessee must promptly repair all damage caused by such removal. For the purposes hereof, the phrase “Removable Trade Fixtures” includes, but not limited to the following: all of Lessee’s signs, tables, chairs, desks, racks, merchandisers and displayers, standards, wall brackets, hang-rods, shelves, marking equipment, cash registers, automotive lifts removable equipment and other machines. All plumbing or electrical wiring connections exposed as a result of the removal of Lessee’s Removable Trade Fixtures, or other alterations, additions, fixtures, equipment and property installed or placed by it in the leased premises (if such removal is so requested by Lessor) shall be capped by Lessee in a safe and workmanlike manner. 7.06 Lessee shall pay the full amount of all taxes, assessments, impositions, levies, charges, excises, fees, licenses and other sums levied, assessed, charged or imposed by any governmental authority or other taxing authority upon Lessee’s leasehold interest under this Lease and all alterations, additions, fixtures (including Removable Trade Fixtures), inventory and other property installed or placed or permitted at the leased premises by Lessee. Within thirty (30) days after notice from Lessor, Lessee shall furnish Lessor a true copy of receipts evidencing such payment received by Lessee from the governmental authority or other taxing authority assessing such charges. 7.07 Lessor disclaims any warranty of suitability that may arise either by operation of law, or by accepting Lessee’s use of the leased premises and makes no warranty regarding any latent defects or the suitability of the premises for Lessee’s purposes. Lessor makes no warranty, and Lessee releases Lessor from any and all loss, claim, damages, or other liability resulting from the premises, geographic area, condition of streets, roads, highways, utilities, infrastructure, etc. not being suitable, or as anticipated by Lessee, including, but not limited to the loss of customer traffic in or around the building due to road or other construction, detours, damage to utility lines, whether or not any such construction or damage is the result of Lessor’s action or that of any other party. Furthermore, Lessee acknowledges that Lessor offers no warranty of suitability covering any portion of the premises or facilities, including, but not limited to items, materials, equipment, etc. that Lessee has undertaken the maintenance and repair responsibilities thereof. Notwithstanding the forgoing this Lease, and all obligations of Lessee as contained herein are specifically conditioned upon the Leased premises being suitable, due to municipal and other governmental regulations laws and ordinances, for the permitted use as hereinabove defined. This condition precedent shall continue in full force and effect throughout the term of this lease and all extensions thereto. Should any municipality terminate Lessee’s right to operate the permitted use business as hereinabove defined at any time during the entire term of this Lease, plus all extensions then this Lease and all obligations relating thereto of Lessee shall likewise terminate and be of no further force and effect as of the date Lessee is required to cease operations. Lessee shall use all reasonable efforts to defend its right to do business at said Location. 7.08 In any instance where the Lessee undertakes any repair, maintenance, improvement or any other work in regard to the premises Lessee shall not permit any lien to attach to the premises, whether voluntary or otherwise, and in no event shall the premises nor this Lease be subject thereto nor shall Lessor have any liability whatsoever in connection therewith, and Lessee shall protect, indemnify and save Lessor harmless from all such liability and any expense incurred by Lessor in connection therewith, including the protection afforded Lessor under the provisions of Article 8 hereof. 7.09 Lessee shall not use or suffer or permit any person to use in any manner whatsoever the premises or any part or portion thereof for any purpose calculated to injure the reputation of the premises nor of the neighboring property nor for any purpose or use in violation of the laws of the United States or of the State of Texas or of Fort Bend and/or Xxxxxx Counties or of the ordinances of the Cities of Xxxxxxx Place and/or Stafford, nor for any immoral or unlawful purpose whatsoever, nor suffer or permit nuisances upon said premises. Lessee shall at all times keep the areas visible from outside the Premises premises in a neat, clean and attractive condition at sanitary condition, and comply with all times. Tenant shallvalid laws, within thirty (30) days after Landlord’s written demand thereforordinances, reimburse Landlord for rules and regulations made by the cost Cities of all repairs, replacements and alterations (collectively, “Repairs”) in and Xxxxxxx Place and/or Stafford or the Counties of Fort Bend and/or Xxxxxx or of the State of Texas or the United States or any governmental authority applicable to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge often percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s occupancy or use of the Premises in contravention premises, including all laws, rules and regulations respecting fire and fire hazards, and will not prevent or interfere with compliance by Lessor with any and all such laws, rules and regulations applicable to said premises, and Lessee agrees to take the same care of the terms premises as a reasonable man would take of its own property, and conditions of this LeaseLessee shall promptly repair, at Lessee’s cost and expense, any damages to the premises or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) any part thereof caused by the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of TenantLessee or Lessee’s family, its agents, servants, employees, contractors, employees guests or inviteescustomers, or otherwise. B. Tenant shall not make or allow 7.10 Lessee acknowledges its independent inspection of the premises and same are accepted by it in present condition, and it acknowledges same to be suitable for the purposes and use to be made any alterationsthereof, additions or improvements subject to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided however, Tenant shall have the right to perform, without Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 in the aggregate (at any one time), and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations and condition precedent for its intended use as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s usehereinabove provided.

Appears in 1 contract

Samples: Lease Agreement (Vroom, Inc.)

Maintenance Repairs and Alterations. A. Except to Landlord hereby covenants that the extent such obligations are imposed upon Landlord hereunder, Tenant shall, at its sole cost Premises shall be in reasonably good and expense, maintain the interior usable condition as of the Premises in good order, condition and repair throughout the entire Lease Term, ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations (collectively, “Repairs”) in and to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge often percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions effective date of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s PropertyAgreement. Replacements made by Landlord, if undertaken by any, shall belong to it. Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any alterations, additions or improvements keep access to the Premises (collectively, “Alterations”), without first obtaining free and clear of any and all obstructions including snow and ice. In the written consent event of Landlord, which consent shall not be unreasonably withheld or delayed; provided howeveran emergency, Tenant shall have the right to performperform any obligation of Landlord under this Agreement and recover from Landlord any reasonable amounts so expended by Tenant within thirty (30) days of the date of demand or, without Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 in the aggregate (at any one time)alternative, and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instanceoffset amounts so expended against Rent. Landlord reserves shall, at its sole expense, make structural repairs and replacements to the right to require Tenant to remove at the end footings, foundation and structural elements of walls and roofs of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations Premises and as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlord. Tenant also shall be responsible for insuring maintenance, repairs and replacements, at its sole expense, of heating, ventilating, air conditioning systems, plumbing systems, and electrical systems, provided, however, that all such persons procure Tenant, at its sole expense, shall be responsible for maintenance, repairs and maintain insurance coverage against such risksreplacements regarding the irrigation system on the Premises as well as Tenant's occupancy costs as described above in Section 4 of this Agreement and shall also be responsible for maintenance, repairs or replacements necessitated by Tenant's actions. Contact information for the Landlord in case of any maintenance, repair or replacement issues is as follows: [**]1 Additions, improvements and alterations made by Tenant, whether temporary or permanent in nature, shall be subject to the prior approval of Landlord and upon completion shall belong to Tenant, provided that removal may be made without damage to the Premises at the expiration of the Agreement term. If removal of the improvements or alterations would cause damage to the Premises, said improvements and alterations shall automatically become the property of Landlord. Tenant, at its sole expense, shall be responsible for maintenance, repairs and replacements of any additions, improvements or alterations made by Tenant on, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulationsPremises. Tenant shall reimburse Landlord upon demand keep the Premises in good order, repair and condition at all times during the Agreement term, except for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical ordinary wear and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s usetear.

Appears in 1 contract

Samples: Lease Agreement (S&W Seed Co)

Maintenance Repairs and Alterations. A. Except to the extent such obligations are imposed upon Landlord hereunder, (a) Tenant shall, at its sole cost and Tenant's expense, maintain the interior every part of the Premises in good order, condition and repair throughout repair, including without limitation, (i) all interior surfaces, ceilings, walls, door frames, window frames, floors, carpets, draperies, window coverings and fixtures, (ii) all windows, doors, locks and closing devices, entrances, plate glass, and signs, (iii) all plumbing and sewage pipes, fixtures and fittings, (iv) all phone lines, electrical wiring, equipment, switches, outlets, and light bulbs, (v) any fire detection, fire sprinkler or extinguisher equipment,(vi) all of Tenant's personal property, improvements and alterations, and (vii) all other fixtures and special items installed by or for the entire Lease Termbenefit of, ordinary wear and tear excepted. Tenant agrees to keep or at the areas visible from outside the Premises in a neat, clean and attractive condition at all timesexpense of Tenant. Tenant shall, within thirty (30) days after Landlord’s written demand thereforat its expense, reimburse Landlord for cause to be maintained in good operating condition and repair, all heating, ventilating, and air conditioning equipment installed in, or on the cost roof of all repairs, replacements and alterations (collectively, “Repairs”) in and to the Premises. Tenant shall keep in force a preventive maintenance contract with a qualified maintenance company covering all heating, Building ventilating and Property air conditioning equipment and the facilities and systems thereof, plus an administration charge often percent (10%) of such cost, the need for which Repairs arises out of (and provided shall annually provide Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions with a copy of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) contract. Tenant shall not enter onto the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out roof area of the Building, or (4) except for the actpurpose of maintaining the heating, omissionventilating, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. and air conditioning equipment and provided that Tenant shall not make or allow to be made repair any alterations, additions or improvements damage to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided however, Tenant shall have the right to perform, without Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 in the aggregate (at any one time), and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlordroof area caused by its entry. Tenant shall be responsible for insuring that all such persons procure its own janitorial service. Landlord shall incur no expense (nor have any obligation) of any kind whatsoever in connection with the maintenance of the Premises. (b) Landlord shall keep in good condition and maintain insurance coverage against such risksrepair the foundation, in such amounts roof structure, exterior walls and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants structural parts of the Building, shall have and all other portions of the right to designate Building not the time when obligation of Tenant or any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work other tenant in the Building. Upon completion Tenant expressly waives the benefits of any statute, including Civil Code Sections 1941 and 1942, which would afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease due to Landlord's failure to keep the Building in good order, condition and repair. Landlord shall have no liability to Tenant for any damage, inconvenience, or interference with the use of the Alterations, Premises by Tenaxx xx the result of Landlord performing any such maintenance and repair work. (c) In the event Tenant shall deliver fails to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of perform Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s use.'s obligations under this Paragraph

Appears in 1 contract

Samples: Net Lease (Advanced Fibre Communications Inc)

Maintenance Repairs and Alterations. A. Except a. Subject to the extent such obligations are imposed upon provisions of Section 11 below, and except for damages caused by Tenant, its agents or invitees, Landlord hereunder, Tenant shall, at its sole cost shall keep in good condition and expense, maintain repair the interior foundations and exterior walls and roof of the Building, common Building systems, and all common areas exterior to and within the Building not leased to tenants. Tenant expressly waives the benefits of any statute now or hereafter in effect (including, without limitation, California Civil Code Sections 1932(1), 1941 and 1942) which would otherwise afford Tenant the right to make repairs at Landlord’s expense or to terminate this Lease because of Landlord’s failure to keep the Premises or the Building in good order, condition and repair throughout repair. b. Tenant shall, at Tenant’s expense, maintain the entire Lease interior portion of the Premises (below the ceiling tiles, other than with respect to Tenant’s cabling), including, but not limited to, all cabling, plumbing and electrical fixtures and outlets and any interior glass in good condition and repair. If Tenant fails to do so, after written notice to Tenant and a reasonable cure period, Landlord may, but shall not be required to, enter the Premises and put them in good condition, and Landlord’s costs thereof shall automatically become due and payable from Tenant as additional rent. Landlord may, but shall not be required to, perform such repairs or services for Tenant’s account if Tenant fails to timely perform the same and Landlord’s costs shall include an additional, up to ten percent (10%) administrative charge for all such work performed for Tenant. At the expiration of the Term, Tenant shall deliver up possession of the Premises in the condition received, only ordinary wear and tear excepted. . c. Tenant agrees to keep the areas visible from outside the Premises in a neatshall not, clean and attractive condition at all times. Tenant shall, within thirty (30) days after without Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations prior consent (collectively, “Repairs”) in and to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge often percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld withheld, conditioned or delayed; provided however), make any alterations, improvements or additions in or about the Premises including the placement of communications of computer wiring, cables or equipment within the Premises or Building. As a condition to giving such consent, Landlord may require that Tenant remove any such alterations, improvements or additions at the expiration of the Term, and to restore the Premises to their prior condition. Before commencing any work relating to alterations, additions or improvements affecting the Premises, Tenant shall notify Landlord of the expected date of commencement thereof and of the anticipated cost thereof, and shall furnish complete drawings and specifications describing such work as well as such information as shall reasonably be requested by Landlord substantiating Tenant’s ability to pay for such work. Landlord shall then have the right at any time and from time to performtime to post and maintain on the Premises such notices as Landlord reasonably deems necessary to protect the Premises, the Building and Landlord from mechanics’ liens or any other liens. In any event, Tenant shall pay when due all claims for labor or materials furnished to or for Tenant at or for use in the Premises. Tenant shall not permit any mechanics’ liens to be levied against the Premises for any labor or materials furnished to Tenant or claimed to have been furnished to Tenant or to Tenant’s agents or contractors in connection with work performed or claimed to have been performed on the Premises by or at the direction of Tenant, and Tenant shall fully and promptly pay and discharge and wholly protect and save harmless, by bond or otherwise, Landlord, and all and every part of the estate, right, title and interest of Landlord in and to all and every part of the Premises and the Property, against any and all such demands or claims which may or could ripen into such liens or claims therefor. In the event that Tenant shall fail to have any lien discharged of record within ten (10) days after Tenant receives notice thereof, Landlord may bond or otherwise cause the lien to be discharged of record, and, without limiting its other rights and remedies, Landlord may recover from Tenant all costs and expenses incurred in connection therewith. d. All alterations, improvements or additions in or about the Premises performed by or on behalf of Tenant shall be done by contractors designated or approved by Landlord’s consent, certain Alterations that do in a first-class, workmanlike manner which does not cost disturb or interfere with other tenants and in excess compliance with all Applicable Laws, ordinances, regulations and orders of $25,000.00 in any governmental authority having jurisdiction thereover, as well as the aggregate (at any one time), requirements of insurers of the Premises and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations and as a condition to obtaining work, if reasonably required by Landlord’s consent where necessary, Tenant shall deliver purchase, or shall cause Tenant’s contractor to purchase, builder’s risk insurance in an amount no less than the value of the completed work of alteration, addition or improvement on an all-risk basis, covering all perils then customarily covered by such insurance. In addition, prior to the commencement of any such work which is reasonably estimated to cost more than $50,000.00, if Landlord so requests, Tenant shall furnish to Landlord performance and payments bonds in a form and issued by a surety reasonably acceptable to Landlord in an amount equal to the cost of such work of alteration, improvement or addition. Tenant shall also reimburse Landlord any and all costs and expenses incurred by Landlord in connection with the construction of the alterations, including, without limitation, utilities, trash removal, and temporary barricades, the review of any plans and specifications acceptable or supervision of the construction of the alterations, including, without limitation, architects’ and engineering fees and an administrative fee in the amount of five percent (5%) of the costs of construction of the alterations. Notwithstanding anything in this Section 9 to the contrary, upon Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other securityrequest, all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring that all remove any contractor, subcontractor or material supplier from the Premises and the Building if the work or presence of such persons procure and maintain insurance coverage against such risks, person or entity results in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed labor disputes in a good and workmanlike manner using or about the Building standard materials or other new materials of equal or greater quality. Landlord, damage to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in Premises or the Building. Upon completion of the Alterationswork performed for Tenant, at Landlord’s request Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits evidence of full payment therefor and full and final unconditional waivers and releases of lien liens for all labor, services and/or materials used. Unless Landlord requires their removal, as set forth above, all alterations, improvements or additions which may be made on the Premises shall become the property of Landlord and receipted bills covering all labor remain upon and materials. All Alterations shall comply be surrendered with the insurance requirements Premises at the termination or expiration of the term; provided, however, that Tenant’s machinery, equipment and with applicable codestrade fixtures, ordinancesother than any which may be affixed to the Premises so that they cannot be removed without material damage to the Premises, laws shall remain the property of Tenant and regulationsshall be removed by Tenant. Any property of Tenant not removed hereunder shall be deemed at Landlord’s option, to be abandoned by Tenant and Landlord may store such property in Tenant’s name at Tenant’s expense, and/or dispose of the same in any manner, regardless of the value of said property. Tenant shall reimburse Landlord upon demand for all reasonable sumswaives to the fullest extent permitted by law the provisions of California Civil Code Sections 1993.03, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical 1993.06 and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s use1993.07.

Appears in 1 contract

Samples: Office Lease (Life360, Inc.)

Maintenance Repairs and Alterations. A. Except (a) Landlord shall, at Landlord's sole expense, keep in good condition and repair and maintain the foundations, exterior walls, roof, and all structural components including the roof structure (but specifically excluding roof membrane, exterior skin of Building, such as window glass and tile facade, and Building HVAC, electrical, water, sewer and plumbing system) of the Building. Landlord shall perform and construct, and Tenant shall have no responsibility to perform or construct, any repair, maintenance or improvements (a) necessitated by the extent such acts or omissions of Landlord, or its respective agents, employees, contractors or invitees, (b) occasioned by fire, acts of God or other casualty or by the exercise of the power of eminent domain, and (c) required as a consequence of any violation of any Laws or construction defects in the Tenant Improvements or the Landlord's Work as of the Commencement Date. In performing all repair and maintenance, Landlord shall use its best efforts to minimize any disruption to Tenant. (b) Subject to Landlord's repair and maintenance obligations are imposed upon Landlord hereunderas set forth above, Tenant shall, at its Tenant's sole cost and expense, keep in good condition and repair and maintain the interior Building and Premises including, but not limited to, the exterior of the Building, such as window glass and tile facade, all HVAC, electrical, water, sewer and plumbing systems, plumbing and electrical fixtures and outlets, and all computer and telecommunications; wiring and outlets. If an event of default shall exist (after applicable notice and cure periods) due to Tenant's failure to the so, Landlord may, but shall not be required to, enter the Premises and put them in good condition, and Landlord's costs thereof as set forth in Landlord's demand to Tenant shall automatically become due and payable as additional rent. (c) Tenant shall not, without Landlord's prior consent, make any alterations, improvements or additions in or about the Premises ("Tenant Additions"), except for non-structural alterations or improvements not exceeding $25,000 in any one instance. As a condition to giving such consent, Landlord may require that Tenant remove any such Tenant Additions at the expiration of the term, and to restore the Premises to their prior condition. Before commencing any work relating to Tenant Additions, Tenant shall notify Landlord of the expected date of commencement thereof and of the anticipated cost thereof, and (if Landlord's consent is required) shall furnish complete drawings and specifications describing such work as well as such information as shall reasonably be requested by Landlord substantiating Tenant's ability to pay for such work. Tenant shall give Landlord at least five (5) business days' notice prior to commencing any such work and Landlord shall then have the right at any time and from time to time to post and maintain on the Premises such notices as Landlord reasonably deems necessary to protect the Premises, the Building and Landlord from mechanics' liens or any other liens. In any event, Tenant shall pay when due all claim for labor or materials furnished to or for Tenant at or, for use in the Premises. Tenant shall not permit any mechanics' liens to be levied against the Premises for any labor or materials furnished to Tenant or claimed to have been furnished to Tenant or to Tenant's agents or contractors in connection with work performed or claimed to have been performed on the Premises by or at the direction of Tenant. All Tenant Additions in or about the Premises performed by or on behalf of Tenant shall be done by contractors designated or approved by Landlord, in a good, workmanlike manner which does not disturb or interfere with other tenants and is in compliance with all applicable laws, ordinances, regulations and orders of any authority having jurisdiction thereover, as well as the requirements of insurers of the Premises and the Building. Prior to commencing any such work, if required by Landlord, Tenant shall purchase builder's risk insurance in good orderan amount no less than the value of the completed work of alteration, condition addition or improvement on an all-risk basis, covering all perils then customarily covered by such insurance. In addition, prior to the commencement of any such work costing more than $100,000, if Landlord so requests, Tenant shall furnish to Landlord performance and repair throughout the entire Lease Term, ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises payments bonds in a neat, clean form and attractive condition at all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse issued by a surety reasonably acceptable to Landlord for in an amount equal to the cost of such work of alteration, improvement or addition. Notwithstanding anything in this paragraph 8 to the contrary, upon Landlord's request, Tenant shall remove any contractor, or material supplier from the Premises and the Building if the work or presence of such person or entity results in labor disputes in or about the Building or damage to the Premises or the Building. Upon completion of work performed for Tenant, at Landlord's request Tenant shall deliver to Landlord evidence of full payment therefor and full and unconditional waivers and releases of liens for all repairslabor, replacements services and/or materials used. Unless Landlord requires their removal, as set forth above, all Tenant Additions which may be made on the Premises shall, at Landlord's option, become the property of Landlord and alterations (collectivelyremain upon and be surrendered with the Premises at the termination or expiration of the term; provided, “Repairs”) in however, that Tenant's machinery, equipment and trade fixtures, other than any which may be affixed to the Premises so that they cannot be removed without material damage to the Premises, Building shall remain the property of Tenant and Property and the facilities and systems thereof, plus an administration charge often percent (10%) of shall. be removed by Tenant on or before such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or inviteestime. B. (d) Tenant shall not make or allow to be made any alterationsAdditions and Tenant's trade fixtures, additions or improvements to furniture, equipment and other personal property installed in the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, "Tenant's Property") shall at all times be and remain Tenant's property. Except for Tenant Additions which consent shall cannot be unreasonably withheld or delayed; provided howeverremoved without structural injury to the Premises, Tenant shall have the right to perform, without Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 in the aggregate (at any one time), and do not affect any mechanical or electrical or life safety systems or plumbing in time Tenant may remove Tenant's Property from the BuildingPremises, provided that advance notice has been given to Landlord in each instanceTenant repairs all damage caused by such removal. Landlord reserves the shall have no right to require Tenant to remove any Tenant Additions unless it notifies Tenant at the end time it consents to such Tenant Additions that it shall require such Tenant Additions to be removed. Landlord shall have no security interest or lien on any item of the Lease Term any Alterations installed without the Landlord’s consentTenant's Property. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessaryWithin ten (10) days following Tenant's request, Tenant Landlord shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors execute documents reasonably acceptable to Landlord; copies Tenant to evidence Tenant waiver of contracts; necessary permits any right, title, lien or interest in Tenant's Property and approvals; evidence giving any lenders holding a security interest or lien on Tenant's Property reasonable rights of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, access to the extent reasonably necessary Premises to avoid any disruption to the tenants and occupants of the Buildingremove such Tenant's Property, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord provided that such plans lenders repair any damage caused by such removal and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for lender agrees to remove Tenant’s use's Property within ten (10) days of notice by Landlord.

Appears in 1 contract

Samples: Net Office Lease (Doubletwist Inc)

Maintenance Repairs and Alterations. A. Except to the extent such obligations are imposed upon Landlord hereunder, Tenant shall, at its sole cost and expense, maintain the Premises (including, without limitation, any supplemental electrical or HVAC systems serving Tenant’s computer facilities, audio/visual, computer, data or telecommunications systems, special security systems, interior of the Premises bathrooms, kitchens and kitchen appliances) in good order, condition and repair throughout the entire Lease Term, ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations (collectively, “Repairs”) in and to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge often percent (10%) of such cost, thereof if the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use or occupancy of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunderPremises, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request Property or by virtue of Tenant’s default in undertaking such obligationsRequired Removables, (3) the moving of Tenant’s Property and Required Removables into or out of the Building, (4) any Alterations (hereinafter defined) or other work performed by or on behalf of Tenant pursuant to the terms and conditions of this Lease and/or the Work Letter attached hereto as Exhibit D (subject to any construction allowance) or (45) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided however, Tenant shall have the right to perform, without Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 in the aggregate (at any one time), and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessaryconsent, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to LandlordLandlord in its commercially reasonable discretion; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater qualityquality then those then currently used in the Building. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any AlterationsAlterations that may affect the structure of the Building or any of the mechanical, and electrical, plumbing or life safety systems of the Building. If Landlord elects to oversee such structural work, Landlord shall be entitled to receive a fee for such oversight in such event, Tenant shall reimburse Landlord for Landlord’s actual out an amount equal to five percent (5%) of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hourssuch Alterations. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, or regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s use.

Appears in 1 contract

Samples: Office Lease (Sige Semiconductor Inc)

Maintenance Repairs and Alterations. A. Except Landlord shall have the right to enter the Premises at all reasonable hours upon not less than twenty-four (24) hours’ prior notice to tenant (except in the event of an emergency, in which case Landlord shall provide such notice as is reasonable under the circumstances), to inspect the Premises and to make any installations or repairs deemed by Landlord to be necessary to the extent such obligations are imposed upon Landlord hereunder, Tenant shalluse and occupancy of the Premises and other parts of the building. A. Landlord, at its sole cost and expense, maintain shall be responsible for the maintenance and repairs of the following: (a) exterior roof (including, without limitation, all skylights), exterior walls, exterior windows (including, without limitation, the windows overlooking the interior courtyard) and all structural elements of the Premises in good orderbuilding; (b) all building mechanical systems, condition including heating, air conditioning, ventilation, electrical, and repair throughout the entire Lease Termplumbing; (c) building grounds and parking lot, ordinary wear including snow removal and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neatlawn care, clean and attractive condition at all times. Tenant shall, within thirty (30d) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations (collectively, “Repairs”) in and to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge often percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or inviteesbuilding access control systems. B. Tenant, at its expense, shall be responsible for: (a) janitorial/cleaning services and supplies for Tenant’s Premises; (b) maintenance and repair of any data/telecommunications equipment and wiring (including server room HVAC) utilized by Tenant, Tenant installed appliances, security systems; and (c) damage to existing interior appurtenances of the first floor. C. All data/telecommunications equipment and wiring necessary to serve Tenant (and not in place at Lease Commencement) shall be installed and located in the Premises at Tenants sole cost. Tenant will be required to remove all telecommunications equipment and abandoned low-voltage wiring installed by Tenant from the Premises upon expiration of Lease unless written approval from Landlord is obtained. Tenant’s data/telecommunications contractors may attain access to Building wiring closets with reasonable advance notice to Lessor. D. Tenant shall not make or allow to be made any alterations, additions additions, or improvements to the Premises (collectively, “Alterations”), without first obtaining the prior written consent of Landlord, which consent shall will not be unreasonably withheld or delayed; provided however, Tenant shall have the right to perform, without Landlordwithheld. Tenant’s consent, certain Alterations that do not cost in excess of $25,000.00 in the aggregate (at any one time), request must include a reasonably detailed plans and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end a written description of the Lease Term any Alterations installed without scope of the Landlord’s consent. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlorddesired work. Tenant shall be responsible for insuring that obtaining all required building permits for such persons procure work, and maintain insurance coverage against shall provide a copy of same to Landlord. At the conclusion of such riskswork, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed inspect same, and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord provide “as-built” plans, contractor’s affidavits drawings and full and final waivers of lien and receipted bills covering all labor and materialsplans to Landlord reflecting the changes made. All Alterations alterations, additions, or improvements made by Tenant to or upon the Premises, (except signs, equipment, other removable trade fixtures, data/telecommunications equipment and wiring, and interior decorations shall comply with remain the insurance requirements property of Tenant and with applicable codesare removable by them) shall at once, ordinanceswhen made or installed, laws be deemed to have attached to the freehold as permanent fixtures and regulations. shall become Landlord’s property. E. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination not make any roof/wall holes or penetrations to the outside without written permission from the Landlord. Subsequent water damage to any part of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall building caused by a roof or wall penetration (approved or not) will be entitled to oversee the construction responsibility of any Alterations, and in such eventthe Tenant. F. Upon expiration or termination of this Lease, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred deliver up the Premises in connection therewiththe good condition, which may include subject to ordinary wear and tear and damage by the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s useelements.

Appears in 1 contract

Samples: Lease Agreement (Millendo Therapeutics, Inc.)

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Maintenance Repairs and Alterations. A. Except Tenant covenants and agrees to the extent such obligations are imposed upon Landlord hereunder, Tenant shall, at its sole cost be responsible for all maintenance repair and expense, maintain the interior upkeep of the Premises during the term of Tenant’s right to possession. Tenant’s maintenance repair and upkeep of the Premises shall be done consistent with and in good orderaccordance to industry standards for a class A facility. The Premises includes, but is not limited to, all portions of the Premises depicted on Exhibit A, and all parking areas shown on Exhibit A, the landscaping, the buildings, improvements, foundations, exterior and interior walls, windows, doors, floors, ceilings, downspouts, gutters, roof, skylights, plumbing and sewerage facilities, air-condition system, heating system, electrical facilities and repair throughout the entire Lease Termequipment, ordinary wear glazing, lighting fixtures and tear exceptedall other figures, equipment and appliances of every kind and nature. Tenant agrees that Landlord shall not be called upon or obligated to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all make any repairs, replacements and alterations (collectivelyreplacements, “Repairs”) rebuildings, restorations, improvements, alterations, remodeling or additions whatsoever in and to or about the Premises, Building and Property and the facilities and systems thereof, plus an administration charge often percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any alterations, additions or improvements to responsible for all janitorial service on the Premises (collectively, “Alterations”)during the term hereof. C. Tenant shall not, without first obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld withheld, make alterations, improvements or delayed; provided howeveradditions to the Premises and to the building and improvements thereon. D. In a situation involving a need to repair, Tenant shall have replace, or restore any portion of the right to perform, without Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 in the aggregate (at any one time)Premises, and do which is not affect covered by the provisions of “Eminent Domain” or “Damage and Destruction,” Tenant may, claim the benefit of any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given property damage insurance which may be payable to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end by reason of the Lease Term any Alterations installed without loss or casualty giving rise to such need. However, the Landlord’s consent. Prior to commencing any benefits of such Alterations property damage insurance may be claimed only for the purpose of and as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to replace, repair or restore the tenants and occupants damaged or condemned portion of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s usePremises.

Appears in 1 contract

Samples: Lease Agreement (Valassis Communications Inc)

Maintenance Repairs and Alterations. A. Except a. Subject to the extent provisions of paragraph 8 below, and except for damage caused by the Tenant, its agents or invitees, the Landlord shall keep in good condition and repair the foundations and exterior walls and roof of the Building. Unless otherwise agreed in writing, Landlord shall not be obligated to paint the exterior of the Building nor shall Landlord be obligated to make any repairs under this subparagraph until a reasonable time after receipt of written notice of the need for such obligations are imposed upon Landlord hereunder, repairs. b. Tenant shall, expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at its sole cost and expense, maintain the interior Landlord's expense or to terminate this Lease because of Landlord's failure to keep the Premises in good order, condition and repair throughout repair. c. Tenant shall at Tenant's expense maintain the entire Lease Terminterior portion of the Premises (including, but not limited to, all plumbing and electrical connections, outlets and lightbulbs) in good condition and repair. If Tenant fails to do so the Landlord may, but shall not be required to, enter the Premises and put them in good condition and the Landlord's costs thereof shall automatically become due and payable as additional rent together with the next regular rental payment. At the expiration of the term Tenant shall deliver up possession of the Premises in good condition and repair. Only ordinary wear and tear exceptedexpected. d. Tenant shall not, without Landlord's prior written consent, make any alterations, improvements or additions in or about the Premises. As a condition to giving such consent, Landlord may require that Tenant agrees remove any such alterations, improvements or additions at the expiration of the term, and to keep the areas visible from outside restore the Premises in a neat, clean and attractive to their prior condition at all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations (collectively, “Repairs”) in and before commencing any work relating to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge often percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any alterations, additions or improvements affecting the Premises. Tenant shall notify Landlord in writing of the expected date of commencement thereof. Landlord shall then have the right at any time and from time to time to post and maintain on the Premises (collectivelysuch notices as Landlord reasonably deems necessary to protect the Premises and Landlord from mechanics' liens, “Alterations”)material men's liens or any other liens. In any event, without first obtaining Tenant shall pay, when due, all claims for labor or materials furnished to or for Tenant at or for use in the written consent of Landlord, which consent Premises. Tenant shall not permit any mechanics' or materials men's liens to be unreasonably withheld levied against the Premises for any labor or delayedmaterial furnished to Tenant or claimed to have been furnished to Tenant or to Tenant's agents or contractors in connection with work of any character performed or claimed to have been performed on the Premises by or at the direction of Tenant. Unless Landlord requires their removal, as set forth above, all alterations, improvements or additions which may be made on the Premises shall become the property of Landlord and remain upon and be surrendered with the Premises at the expiration of the term; provided however, Tenant shall have the right to performTenant's machinery, without Landlord’s consentequipment and trade fixtures, certain Alterations that do not cost in excess of $25,000.00 in the aggregate (at other than any one time), and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlord. Tenant shall which may be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, affixed to the extent reasonably necessary to avoid any disruption Premises so that they cannot be removed without material damage to the tenants and occupants of the BuildingPremises, shall have remain the right to designate the time when any Alterations property of Tenant and may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended removed by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s use.

Appears in 1 contract

Samples: Sublease (Yellow Brix Inc)

Maintenance Repairs and Alterations. A. Except (a) Subject to the extent such obligations are imposed upon Landlord hereunderprovisions of Paragraph 15, Tenant shalland Paragraph 4(c), at its sole cost and expenseexcept for damage caused by any negligent or intentional act or omission of Tenant, maintain Tenant’s agents, employees or invitees, Landlord, as a “Direct Expense”, shall keep or cause the interior of the Premises Board to keep in good order, condition and repair throughout the entire Lease Termfoundation, ordinary wear exterior and tear exceptedinterior walls, interior supporting columns and the exterior roof of the Premises. Tenant agrees to Tenant, at Tenant’s expense shall also keep and maintain the areas visible from outside Building and the Premises and every part thereof and any fixtures, facilities or equipment contained therein in good order, condition and repair, including, but not limited to, the heating and air conditioning, electrical, plumbing and sewer systems. Neither the Board nor Landlord shall be obligated to paint the interior of the Premises. Neither the Board nor Landlord shall be obligated to make repairs under this Paragraph 10(a) until a neatreasonable time after receipt of written notice of the need for such repairs. (b) Tenant shall not do any painting or decorating, clean or erect any partitions or make any alterations in or any additions or changes to the Premises without Landlord’s prior written consent in each and attractive condition every instance. Unless otherwise agreed by Landlord and Tenant in writing, all such replacements, and alterations shall be performed either by or under the direction of Landlord, but at the cost of Tenant. Unless otherwise provided by written agreement, all times. alterations, improvements and changes shall remain upon and be surrendered with the Premises, excepting however, that at Landlord’s option, Tenant shall, at its expense, when surrendering the Premises, remove from the Premises and the Building all such alterations, improvements and changes installed in the Premises by Tenant and restore the Premises to the condition existing prior to such alterations, improvements or changes. If Tenant does not remove said additions, decorations, fixtures, hardware, non-trade fixtures and improvements after request to do so by Landlord, Landlord may remove the same and restore the Premises and Tenant shall pay the cost of such removal and restoration to Landlord upon demand. Tenant hereby agrees to protect, defend, indemnify and hold harmless Landlord, its agents and employees, the Association, the Board, the Premises, the Condominium Unit and Williamsburg Village from any and all liabilities of every kind and description which may arise out of or be connected in any way with said replacements, alterations or additions. Any mechanic’s lien filed against the Premises or the Condominium Unit or for which notice is received by either Landlord or Tenant for work claimed to have been furnished to Tenant shall be released and discharged of record by Tenant within thirty ten (3010) days after Landlord’s written demand thereforsuch filing or receipt, reimburse Landlord for the cost of all repairswhichever is applicable, replacements and alterations (collectively, “Repairs”) in and to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge often percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request expense. Upon completing any replacements, alterations or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided howeveradditions, Tenant shall have the right to perform, without Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 in the aggregate (at any one time), and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to furnish Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materialsmaterials expended and used. All Alterations replacements, alterations and additions shall comply with the all insurance requirements and with all applicable codeslaws, ordinancesstatutes, laws ordinances and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical All alterations and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord additions shall be entitled constructed in good and workmanlike manner and only good grades of materials shall be used. (c) Tenant shall, at the termination of this Lease, surrender the Premises to oversee the construction of any AlterationsLandlord in as good condition and repair as reasonable and proper use thereof will permit, loss by ordinary wear and tear, fire or other casualty excepted, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out subject to the other terms and provisions of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s usethis lease.

Appears in 1 contract

Samples: Lease (Midwest Banc Holdings Inc)

Maintenance Repairs and Alterations. A. Except as otherwise expressly provided in this Lease, Lessor shall maintain and rnake all repairs and replacements with respect to the building in which the Leased Premises are located, including the roof, foundations, exterior walls, interior structural walls, all structural components and all building systems, such as mechanical, electrical, HVAC and plumbing, except to the extent such obligations are imposed caused by the negligent acts or omissions of Lessee. Repairs or replacements shall be made within a reasonable time (depending on the nature of the repair or replacement needed) after receiving notice from Lessee or upon Landlord hereunder, Tenant Lessor having actual knowledge of the need for a repair or replacement. Lessee shall, at its sole cost throughout the Term of this Lease, keep and expense, maintain the interior of the Leased Premises in good ordergood, clean and presentable condition and repair throughout and shall commit no waste with respect thereto. Upon the entire expiration or sooner termination of this Lease, Lessee shall surrender the Leased Premises in as good condition as existed on the Cornmencernent Date of this Lease, failing which, Lessor may restore the same to their required condition and Lessee shall pay the cost thereof upon demand. All of Lessee’s personal property, furniture, trade fixtures, shelves, bins and machinery not removed from the Leased Premises when Lessee vacates the Leased Premises on termination of this Lease Termshall thereupon be conclusively presumed to have been abandoned by Lessee and forthwith become Lessor’s property; provided, ordinary wear however, that Lessor may require lessee to remove such personal property, furniture, trade fixtures, shelves, bins and tear exceptedmachinery or may have such property removed at Lessee’s expense. Tenant Lessee shall make no alterations, additions or physical improvements to the Leased Premises (including, but not limited to the installation of permanent or semi-permanent partitions, walls, panels, shelving, floor coverings, cabinets and similar items) without first obtaining the prior written consent of the lessor, which consent shall not be unreasonably withheld in the case of minor alterations to the Leased Premises to accommodate Lessee’s proposed use thereof. All costs and expense of such alterations, additions or improvements shall be borne solely by Lessee, and, if and to the extent that a building or alteration permit is required therefor, all such work shall be performed by a licensed, bonded contractor, approved, in advance, by Lessor (such approval not being unreasonably withheld). Upon completion all additions, alterations and improvements made by Lessee (excepting only movable office furniture, detached bookshelves and similar equipment) shall become the property of the Lessor and shall remain upon and be surrendered with the Leased Premises upon the expiration or sooner termination of this Lease, unless otherwise agreed or directed by Lessor. Lessee agrees that it will make full and prompt payment of all sums necessary to pay for the cost of repairs, alterations, improvements, changes or other work done by Lessee to the Leased Premises and further agrees to keep indemnify and hold harmless Lessor from and against any and all mechanic’s, materialmen’s or laborer’s liens arising out of or from such work or the areas visible from outside cost thereof which may be asserted, claimed or charged against the Leased Premises. Notwithstanding anything to the contrary contained in this Lease. IT IS AGREED THAT LESSOR’S INTEREST IN THE LXXXXX PREMISES SHALL NOT BE SUBJECT TO ANY LIENS UNDER CHAPTER 713, FLORIDA STATUTES AND NOTICE IS HEREBY GIVEN THAT LESSOR SHALL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO LESSEE, OR TO ANYONE HOLDING THE LEASED PREMISES OR ANY PART THEREOF THROUGH OR UNDER LESSEE, AND THAT NO MECHANIC’S OR OTHER LIENS FOR ANY SUCH LABOR. SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF LESSOR IN AND TO THE LEASED PREMISES. All persons dealing with Lessee are hereupon placed upon notice of the foregoing prohibition provision. In the event any notice or claim of lien shall be asserted of record against the interest of Lessor in the Leased Premises on account of or in connection with any improvement or work done by or for Lessee, or any person claiming by, through or under Lessee, or for improvements or work the cost of which is the responsibility of Lessee. Lessee agrees to have such notice or claim of lien canceled and discharged of record as a neatclaim against the interest of Lessor in the Leased Premises, clean either by payment and attractive condition at all times. Tenant shallsatisfaction or by removal by transfer to bond or deposit as permitted by law, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations (collectively, “Repairs”) in and to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge often percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken Lessee by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided however, Tenant shall have the right to perform, without Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 in the aggregate (at any one time), and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any AlterationsLessor, and in such event, Tenant the event Lessec shall reimburse Landlord for Landlord’s actual out of pocket costs incurred fail to do so Lessee shall be considered in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s usedefault under this Lease.

Appears in 1 contract

Samples: Commercial Lease (Advanzeon Solutions, Inc.)

Maintenance Repairs and Alterations. A. Except to Maintenance by Landlord - Landlord shall maintain the extent such obligations are imposed upon Common Area in good condition, shall maintain the plumbing, heating, ventilating, air-conditioning, elevator, electrical and other mechanical systems of the Building in good working order. Landlord hereunder, Tenant shall, shall maintain and replace overhead lights and fixtures and provide all required bulbs within the Premises at its sole cost and expense, maintain the interior of the Premises in good order, condition and repair throughout the entire Lease Term, ordinary wear and tear exceptedcost. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations (collectively, “Repairs”) in and shall make necessary repairs to the Premisesroof, Building and Property structural components and the facilities and systems thereof, plus an administration charge often percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out exterior of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant and shall not make or allow to be made repair promptly any alterations, additions or improvements damage to the Premises and the Building to the extent provided in Section 10 (Damage of Destruction), keep the Real Property reasonably clean, and free of snow, ice, dirt and rubbish, and provide the services herein described, all in a manner and to the same extent as are provided in other first-class, high rise office buildings located in downtown Baltimore City. Landlord shall have reasonable access to the Life Safety Fire Alarm Control Panel (“Panel”) located in the lower level parking area leased to Tenant for the servicing and monitoring of the Panel. Alterations - General - Tenant may from time to time, at its own expense make changes, additions, or improvements (collectively, the “Alterations”), without first obtaining ) in or to the Premises with Landlord’s prior written consent of Landlordconsent, which consent shall not be unreasonably withheld or delayed; provided however. Notwithstanding the above, Tenant shall have no consent from Landlord will be required with respect to alterations in or to the right to perform, without Landlord’s consent, certain Alterations that Premises which do not cost exceed $100,000.00 or are being made as presently contemplated on the second floor or to the space described in excess Section 21 hereof (a) unless same are of $25,000.00 in a structural nature or adversely impact the aggregate (at any one time), and do not affect any use of the mechanical or electrical or life safety systems or plumbing in the Building, and (b) provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with all applicable Laws. All alterations paid for by Tenant will be and remain Tenant’s property during the insurance requirements term and with applicable codeswill, ordinanceswithout compensation to Tenant automatically become Landlord’s property upon the expiration or earlier termination of the Term, laws and regulations. unless Tenant in its sole discretion elects to remove the same, in which event Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of remove the architectural, mechanical, electrical same at its sole cost and plumbing plans for expense and repair any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s usedamage caused thereby.

Appears in 1 contract

Samples: Lease Agreement (Mercantile Bankshares Corp)

Maintenance Repairs and Alterations. A. Except As of the Effective Date, paragraph 7.1 of the Lease shall be deleted and replaced with the following: Subject to the extent such obligations are imposed upon Landlord hereunderof Lessor as hereinafter set forth, Tenant shallLessee shall at all times and at its own expense maintain and repair all parts of the Premises in good, order, condition and repair, including all plumbing, heating, air conditioning, ventilating, electrical, and lighting facilities and equipment within or serving the Premises; fixtures, interior walls, interior surfaces of exterior walls, ceilings, floors, windows, doors, entrances, plateglass and skylights; and all landscaping, driveways, parking lots, sidewalks, fences, signs and exterior lighting located on the Premises. Lessee shall obtain preventive maintenance contracts for the heating, air conditioning and ventilating ("HVAC") system with monthly service in accordance with manufacturer recommendations, which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking at sheet metal, and recaulking of jacks and vents on an annual basis. Lessee shall have the benefit of all warranties available to Lessor regarding the equipment in the HVAC system. Lessor may, at Lessor's election, have the HVAC system inspected by a licensed HVAC contractor at the expiration of the term to confirm whether Lessee has maintained the HVAC system as required herein. The cost of such inspection shall be paid by Lessee within thirty (30) days after Lessor's written request therefor. Additionally, if any repairs and/or replacements to the HVAC system are recommended by the contractor, Lessee shall perform such repairs and/or replacements and shall provide Lessor with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. The first sentence of paragraph 7.2 shall be deleted and replaced with the following: On the last day of the term hereof, or on any sooner termination, Lessee shall surrender the Premises to Lessor in good condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Lessee shall have the right to remove Lessee's trade fixtures, furnishings, equipment and other personal property from the Premises at any time prior to the expiration or sooner termination of this Lease. The following language is added to paragraph 7.3: If Lessor fails to perform any of its sole cost repair and expensemaintenance obligations under this paragraph 7, and such failure continues for more than thirty (30) days after written notice from Lessee, Lessee shall have the right, but not the obligation, to perform such repairs and/or maintenance. If any repairs are required to the roof of the Building, Lessee shall have the right to perform such repairs if Lessor fails to do so within ten (10) days after written notice from Lessee. In either case, Lessor shall reimburse Lessee for the reasonable costs incurred by Lessee to complete such repairs and/or maintenance within thirty (30) days after receipt of Lessee's written demand therefor, together with copies of paid invoices evidencing the costs incurred by Lessee. If Lessor fails to reimburse Lessee for such costs within such thirty (30) day period, such amount shall accrue interest at the maximum rate permitted by law from the date of expenditure by Lessee until reimbursed by Lessor. Any repairs and/or maintenance permitted herein shall be performed in a good and workmanlike manner by licensed and insured contractors. If Lessor objects to the repairs and/or maintenance performed by Lessee or the expenses incurred by Lessee in performing such work, Lessor shall deliver written notice of Lessor's objection to Lessee within thirty (30) days after Lessor's receipt of Lessee's invoice evidencing the expenses incurred by Lessee. Lessor's notice shall set forth in reasonable detail Lessor's reasons for its claim that such repairs and/or maintenance were not required or were not Lessor's obligation under the terms of this Lease, and/or the reasons for Lessor's dispute of the expenses incurred by Lessee in performing such work. If Lessor and Lessee fail to resolve any such dispute within thirty (30) days after Lessor has notified Lessee of Lessor's objections, the matter shall be resolved by binding arbitration in accordance with the provisions of California Code of Civil Procedure Sections 1280 et seq. As of the Effective Date, paragraph 7.4 shall be deleted and replaced with the following: Lessor shall at all times maintain the roof, foundation, exterior walls of the Building (excluding interior surfaces of exterior walls), and the structural condition of interior loadbearing walls, in good order, condition and repair. Lessor shall have no obligation to maintain or repair any other portion of the Building or the Outside Area. 1. Lessee shall have thirty (30) days after possession of the Additional Premises is delivered to Lessee to inspect the HVAC system serving the Building. If the HVAC system is not in good operating condition, Lessor shall promptly perform such maintenance and/or repairs as are necessary to the place the HVAC system in good operating condition. In addition, prior to delivering possession of the Additional Premises to Lessee, Lessor and Lessee shall inspect the electrical system in the Additional Premises to determine whether any repairs to such electrical system are necessary to eliminate any electrical hazards and to determine whether the existing electrical system in the Additional Premises was installed in accordance with applicable code requirements. Based upon the results of such inspection, Lessor and Lessee shall agree upon the repairs and/or improvements to be made to the electrical system in the Additional Premises and Lessor shall perform such work at Lessor's expense as soon as reasonably possible. Subject to Lessor's completion of the foregoing, by taking possession of the Additional Premises Lessee shall be deemed to have accepted the Additional Premises and all improvements therein in their present condition, "as is," subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Additional Premises. Lessee acknowledges that, except as expressly stated herein, neither Lessor nor Lessor's agents have made any representation or warranty as to the condition of the Additional Premises nor any representation or warranty as to the present or future suitability of the Additional Premises for the conduct of Lessee's business. Lessee expressly waives the benefit of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair throughout the entire Lease Term, ordinary wear and tear exceptedrepair. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost The first two sentences of all repairs, replacements and alterations (collectively, “Repairs”) in and to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge often percent (10%paragraph 7.5(a) of such costthe Lease are deleted and replaced with the following: Lessee shall not, the need for which Repairs arises out of (and provided Landlord has given without Lessor's prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlordconsent, which consent shall not be unreasonably withheld withheld, delayed or delayed; provided howeverconditioned, Tenant shall have make any alterations, improvements, additions, or Utility Installations, in, on or about the right Premises, except for (i) nonstructural alterations not exceeding in the aggregate $50,000.00 during the term of this Lease, and (ii) alterations, improvements or additions in or to performthe Outside Area not exceeding in the aggregate $10,000.00 during the term of this Lease. In any event, without Landlord’s consent, certain Alterations that do whether or not cost in excess of $25,000.00 such amounts, Lessee shall not make any change or alteration to the exterior of the Building nor remove any landscaping from the Outside Area without Lessor's prior written consent. Lessor hereby consents to Lessee's installation of storage cages in the aggregate (at any one time), and do not affect any mechanical or electrical or life safety systems or plumbing in Building and/or the Building, Outside Area provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; Lessee obtains all necessary permits and approvals; evidence of contractor’s approvals for such installation and subcontractor’s insurance installs such storage cages in accordance compliance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s uselaws.

Appears in 1 contract

Samples: Lease (Signal Technology Corp)

Maintenance Repairs and Alterations. A. (a) Except as provided in Section 7 above, Tenant shall be responsible for all costs of operating and maintaining the premises and (i) all equipment and facilities used in connection with the Premises, (ii) the emergency boilers, (iii) the fertilizer and irrigation system, (iv) all other equipment under the control of Tenant relating to the extent such obligations are imposed upon Landlord hereunder, Tenant shall, at its sole cost and expense, maintain the interior operation of the Premises and located in good order, condition and repair throughout the entire Lease Term, ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at Auxiliary Building (v) all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord piping used exclusively for the cost discharge of all repairsheat from the thermal storage system (any piping used jointly for the charge and discharge of heat from the thermal storage system shall be maintained by Landlord), replacements and alterations (collectivelyv) the irrigation well located on the Project Property, “Repairs”(vi) in and to the Premises, Building and irrigation water storage tank located on the Project Property and (vi) pumps, piping and similar facilities associated with the facilities irrigation well and systems thereof, plus an administration charge often percent (10%) the transporting of such cost, water from the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any alterations, additions or improvements irrigation well to the Premises (collectively, “Alterations”)the "Related Facilities") during the Term and Tenant hereby agrees to operate and maintain the Premises and the Related Facilities in good condition, without first obtaining reasonable wear and tear excepted, and to operate the written consent Premises and the Related Facilities in accordance with this Agreement and accepted industry standards throughout the Term, of Landlord, which consent this Lease. Landlord shall not maintain the Auxiliary Building. (b) All repairs to the Premises and the Related Facilities during the Term or any installations of equipment or facilities therein are to be unreasonably withheld or delayed; provided howevermade by Tenant at its expense. Without limiting the generality of the foregoing, Tenant shall have keep all improvements comprising a part of the right Premises and the Related Facilities in good repair and shall promptly replace the same when damaged, together with all electrical, plumbing and other mechanical installations thereon. Tenant will make any and all replacements from time to performtime required for the Premises and the Related Facilities at its expense including, without Landlord’s consentby way of example, certain Alterations that do the roofs on all improvements comprising a part of the Premises. Tenant shall not cost make any repairs to the Premises and the Related Facilities in excess of $25,000.00 in 25,000 (other than emergency repairs to protect the aggregate (at any one time), Premises and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has Related Facilities) unless and until Tenant shall have caused the plans and specifications therefor to have been given to reviewed by Landlord in each instanceand shall have obtained Landlord's written approval thereof and shall have obtained the reasonable consent of Lender. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessaryIf approval is granted, Tenant shall deliver to Landlord cause the work described in such plans and specifications acceptable to Landlord; names be performed, at its expense, promotly, efficiently, competently and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike work like manner using Building standard materials by duly qualified or other new materials of equal licensed persons or greater qualityentities. LandlordAll such work shall comply with all applicable codes, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for ordinances. (c) Tenant will surrender the performance Premises and the Related Facilities at the expiration of work the Term or at such other time as it may vacate the Premises in as good condition as when received, excepting depreciation caused by ordinary wear and tear. (d) Tenant will repair promptly, at its expense, any damage to the Premises and the Related Facilities regardless of fault or by whom such damage shall be caused, unless caused by Landlord or any agents, employees or contractors in the Building. Upon completion exclusive employment of Landlord (and not the Alterations, Tenant shall deliver to joint employment of Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s use).

Appears in 1 contract

Samples: Greenhouse Lease Agreement (Colorado Greenhouse Holdings Inc)

Maintenance Repairs and Alterations. A. Except to the extent such obligations are imposed upon Landlord hereunder, 5.01 By Tenant shall--------- Tenant will, at its sole cost and expense, perform such maintenance and repairs as are necessary to keep and maintain the interior non-structural portions of the Premises and all Building Systems (as hereinafter defined) in good and sanitary order, condition and repair, but excluding ordinary wear and tear; provided, however, that damage caused by casualty or by subsidence or other earth movement or by Landlord's failure to perform its obligations under this Lease shall be governed by Articles 6 and 11, respectively. For purposes of this Lease, the term "Building Systems shall mean all systems and equipment serving the building and other improvements comprising the Premises, including, without limitation, mechanical, plumbing, electrical, fire/life safety, elevator, escalator, and heating, ventilation and air conditioning ("HVAC") systems. 5.02 By Landlord ----------- Landlord will, at its sole cost and expense, perform such maintenance, repairs and replacements as are required to maintain in good order, condition and repair throughout all structural components of the entire Lease TermPremises, ordinary wear including but not limited to, roof (including skylights and tear exceptedtrap doors), foundation, footings, load- bearing and exterior walls, columns and all other structural elements of the Premises. Tenant agrees to keep Further, if at any time during the areas visible from outside Term hereof, any of the Premises in a neatBuilding Systems, clean and attractive condition at all times. Tenant shallor any components thereof, within thirty (30) days after Landlord’s written demand thereforrequire replacement or repair, reimburse Landlord for the cost of all which would be treated as a capital expenditure under generally accepted accounting principles, (i) Landlord shall promptly perform and pay for such replacement or repair, and (ii) Tenant shall reimburse Landlord annually an amount equal to the cost of any such repair or replacement, fully amortized over its useful life in accordance with generally accepted accounting principles together with interest at the reference rate (as that term is defined in Section 3.04) on the date of the commencement of the replacement or repair, to the extent so amortized during the Term hereof. Landlord will not be in default of its obligations under this Section 5.02 if Landlord performs the repairs, replacements and alterations maintenance within twenty (collectively, “Repairs”20) in and days after written notice by Tenant to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge often percent (10%) Landlord of such cost, the need for which Repairs arises out of (such repairs, replacements and provided Landlord has given prior written notice maintenance. If, due to Tenant of such need): (1) Tenant’s use the nature of the Premises particular repair, replacement or maintenance obligation, more than twenty (20) days are reasonably required to complete it, Landlord will not be in contravention of default under this Section 5.02 if Landlord begins work within such twenty (20) day period and diligently prosecutes the terms and conditions of work to completion. Except as otherwise provided in this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunderTenant waives its rights, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, including its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided however, Tenant shall have the right to performmake repairs at Landlord's expense, without Landlord’s consentunder California Civil Code (S)(S) 1941 - 1942 or any similar law, certain Alterations that do not cost statute or ordinance now or hereafter in excess of $25,000.00 in the aggregate (at any one time), and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s useeffect.

Appears in 1 contract

Samples: Lease Agreement (Pinnacle Entertainment Inc)

Maintenance Repairs and Alterations. A. Except to the extent such obligations are imposed upon Landlord hereunder, (a) Tenant shall, at its sole cost and Tenant's expense, maintain the interior every part of the Premises in good order, condition and repair, including without limitation, (i) all interior surfaces, ceilings, walls, door frames, window frames, floors, carpets, draperies, window coverings and fixtures, (ii) all windows, doors, locks and closing devices, entrances, plate glass, and signs, (iii) all plumbing and sewage pipes, fixtures and fittings, (iv) all phone lines, electrical wiring, equipment, switches, outlets, and lightbulbs, (v) any fire detection, fire sprinkler or extinguisher equipment, (vi) all of Tenant's personal property, improvements and alterations, and (vii) all other fixtures and special items installed by or for the benefit of, or at the expense of Tenant. All repairs or replacements required of Tenant shall be promptly made with new materials of like kind and quality, and subject to Landlord's prior written approval where any such repair throughout or replacement work exceeds $200.00. (b) Landlord shall, at Landlord's expense, keep in good condition and repair the entire foundation, roof structure (excluding the roof membrane), exterior walls and other structural parts of the Building not the obligation of Tenant or any other tenant in the Building. Landlord shall keep in good condition and repair all non-structural parts of the Building not the obligation of Tenant or any other tenant in the Building (including, without limitation, the roof membrane, lobby and elevators), and such expense shall be included in the calculation of Operating Expenses payable by tenants within the Building. Tenant expressly waives the benefits of any statute, including Civil Code Sections 1941 and 1942, which would afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease Termdue to Landlord's failure to keep the Building in good order, condition and repair. Landlord shall have no liability to Tenant for any damage, inconvenience, or interference with the use of the Premises by Tenant as the result of Landlord performing any such maintenance and repair work. (c) In the event Tenant fails to perform Tenant's obligations under this Xxxxxxxxx 0, Xxxxxxxx may, but shall not be required to, give Tenant notice to do such acts as are reasonably required to so maintain the Premises. If Tenant shall fail to commence such work and diligently prosecute it to completion, then Landlord shall have the right (but not the obligation) to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amounts so expended by Landlord will be additional rent due under this Lease, and such amounts will become due and payable on demand by Landlord. Landlord shall have no liability to Tenant for any such damages, inconvenience, or interference with the use of the Premises by Tenant as a result of performing such work. (d) Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises in good condition and repair, only ordinary wear and tear excepted. Tenant Tenant, at its sole cost and expense, agrees to keep the areas visible from outside repair any damages to the Premises caused by or in a neatconnection with the removal of any articles of personal property, clean business or trade fixtures, signs, machinery, equipment, cabinetwork, furniture, moveable partitions, or permanent improvements or additions, including without limitation thereto, repairing the floor and attractive condition at all timespatching and painting the walls where required by Landlord, to Landlord's reasonable satisfaction. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, including without limitation, any claims made by any succeeding tenant resulting from such delay. (e) Tenant shall not make any alterations, improvements, or additions in, on, or about the Premises without Landlord's prior written consent, except that Tenant may make alterations, improvements, or additions without Landlord's prior written consent where (i) the reasonably estimated cost does not exceed $2,500, and (ii) such alterations, improvements, or additions do not affect or involve the structural integrity, roof membrane, exterior areas, building systems, or water-tight nature of the Premises, the Building or the Project. In requesting Landlord's consent, Tenant shall, within thirty at Tenant's sole cost, submit to Landlord complete drawings and specifications describing such work and the identity of the proposed contractor at least ten (3010) business days after Landlord’s written demand thereforprior to the commencement of any work. With respect to any alterations, reimburse Landlord for improvements or additions made to the cost of all repairsPremises by Tenant: (1) Before commencing any work relating to alterations, replacements and alterations (collectivelyadditions, “Repairs”) in and to or improvements affecting the Premises, Building Tenant shall notify Landlord of the expected date of commencement thereof and Property of the anticipated cost thereof. Landlord shall then have the right at any time and from time to time to post and maintain on the facilities Premises such notices as Landlord reasonably deems necessary to protect the Premises and systems thereofLandlord from mechanics' liens or any other liens. (2) Tenant shall pay when due all claims for labor or materials furnished to Tenant for use in the Premises. Tenant shall not permit any mechanics' liens or any other liens to be levied against the Premises for any labor or materials furnished to Tenant in connection with work performed on the Premises by or at the direction of Tenant. Tenant shall indemnify, plus an administration charge often hold harmless and defend Landlord (by counsel reasonably satisfactory to Landlord) from any liens and encumbrances arising out of any work performed or materials furnished by, or at the direction of Tenant. In the event that Tenant shall not, within twenty (20) days following the imposition of any such lien, cause such lien to be released of record by payment or posting of a proper bond, Landlord shall have, in addition to all other remedies provided herein by law, the right, but not the obligation, to cause the same to be released by such means as it shall deem proper, including payment of the claim giving rise to such lien. All such sums paid by Landlord and all expenses incurred by it in connection therewith, including attorneys' fees and costs, shall be payable to Landlord by Tenant on demand with interest at the rate of ten percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, per annum. (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any All alterations, improvements or additions in or improvements to about the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided however, Tenant shall have the right to perform, without Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 in the aggregate (at any one time), and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall be done in a first-class, workmanlike manner, shall not unreasonably lessen the value of leasehold improvements in the Premises, and shall be deemed to be representation by Landlord that such plans and specifications comply completed in compliance with all applicable insurance requirements, building codeslaws, ordinances, laws orregulations and orders of any governmental authority having jurisdiction thereover, regulations as well as the requirements of insurers of the Premises and the Building. (4) Upon Landlord's request, Tenant shall remove any contractor, subcontractor or material supplier from the Premises and the Building if the work or presence of such person or entity results in labor disputes in or about the Building or Project or damage to the Premises, Building or Project. (5) Landlord, at Landlord's sole discretion, may refuse to grant Tenant permission for alterations, improvements or additions which require, because of application of Americans with Disabilities Act or other laws, substantial improvements or alterations to be made to the Common Areas. (6) Landlord may, up to sixty (60) days prior to the expiration of the Term, require that Tenant, at Tenant's expense, remove any such alterations, improvements or additions prior to or upon the Alterations constructed in accordance expiration of this Lease, and restore the Premises to their condition prior to such alterations, improvements or additions. (7) Unless Landlord requires their removal, as set forth above, all alterations, improvements, or additions made to the Premises shall become the property of Landlord and remain upon and be surrendered with such plans the Premises upon the expiration of this Lease; provided, however, that Tenant's machinery, equipment, and specifications will trade fixtures, other than any which may be adequate for Tenant’s useaffixed to the Premises so that they cannot be removed without material damage to the Premises, shall remain the property of Tenant and may be removed by Tenant subject to the provisions of Paragraph 8(d) above.

Appears in 1 contract

Samples: Full Service Lease (Cerent Corp)

Maintenance Repairs and Alterations. A. Except (a) Subject to the extent such obligations are imposed upon provisions of Paragraph 10 below, and except for damages caused by Tenant, its agents or invitees, Landlord hereunder, Tenant shall, at its sole cost shall keep in good condition and expense, maintain repair the interior foundations and exterior walls and roof of the Building and all common areas within the Building not leased to tenants. Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord’s expense or to terminate this Lease because of Landlord’s failure to keep the Premises or the Building in good order, condition and repair throughout repair. (b) Tenant shall, at Tenant’s expense, maintain the entire Lease Terminterior portion of the Premises including, but not limited to, all plumbing and electrical fixtures and outlets, all computer and telecommunications wiring and outlets, and any interior glass in good condition and repair. If Tenant falls to do so Landlord may, but shall not be required to, enter the Premises and put them in good condition, and Landlord’s costs thereof as set forth in Landlord’s demand to Tenant shall automatically become due and payable as additional rent. Tenant shall also cause to be maintained, at its expense and in good operating condition and repair, all heat, ventilating, and air conditioning equipment installed in the premises. If Landlord so elects, Tenant shall retain the services of Landlord or a maintenance company retained by it to perform maintenance of Tenant’s heating, ventilating and air conditioning equipment and shall reimburse Landlord for the cost thereof upon demand. At the expiration or earlier termination of the term Tenant shall deliver up possession of the Premises in good condition and repair, only ordinary wear and tear excepted, and with only such improvements and alterations as shall have been made with Landlord’s consent and not required by Landlord to be removed at the end of the term. (c) Tenant shall not, without Landlord’s prior consent, make any alterations, improvements or additions in or about the Premises. As a condition to giving such consent, Landlord may require that Tenant agrees remove any such alterations, improvements or additions at the expiration of the term, and to keep the areas visible from outside restore the Premises in a neat, clean and attractive condition at all timesto their prior condition. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations (collectively, “Repairs”) in and Before commencing any work relating to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge often percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any alterations, additions or improvements to affecting the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided howeverPremises, Tenant shall notify Landlord of the expected date of commencement thereof and of the anticipated cost thereof, and shall furnish complete drawings and specifications describing such work as well as such information as shall reasonably be requested by Landlord substantiating Tenant’s ability to pay for such work. Tenant shall give Landlord at least five (5) business days’ notice prior to commencing any such work and Landlord shall then have the right at any time and from time to performtime to post and maintain on the Premises such notices as Landlord reasonably deems necessary to protect the Premises, without Landlord’s consentthe Building and Landlord from mechanics’ liens or any other liens. In any event, certain Alterations that do not cost in excess of $25,000.00 Tenant shall pay when due all claims for labor or materials furnished to or for Tenant at or for use in the aggregate (Premises. Tenant shall not permit any mechanics’ liens to be levied against the Premises for any labor or materials furnished to Tenant or claimed to have been furnished to Tenant or to Tenant’s agents or contractors in connection with work performed or claimed to have been performed on the Premises by or at the direction of Tenant. All alterations, improvements or additions in or about the Premises performed by or on behalf of Tenant shall be done by contractors designated or approved by Landlord, in a first-class, workmanlike manner which does not disturb or interfere with other tenants and is in compliance with all applicable laws, ordinances, regulations and orders of any one time)governmental authority having jurisdiction thereover, as well as the requirements of insurers of the Premises and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations and as a condition to obtaining work, if required by Landlord’s consent where necessary, Tenant shall deliver purchase builder’s risk insurance in an amount no less than the value of the completed work of alteration, addition or improvement on an all-risk basis, covering all perils then customarily covered by such insurance. In addition, prior to the commencement of any such work, if Landlord so requests, Tenant shall furnish to Landlord plans performance and specifications acceptable to Landlord; names payments bonds in a form and addresses of contractors issued by a surety reasonably acceptable to Landlord; copies Landlord in an amount equal to the cost of contracts; necessary permits and approvals; evidence such work of contractoralteration, improvement or addition. Notwithstanding anything in this Paragraph 8 to the contrary, upon Lxxxxxxx’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other securityrequest, all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring that all remove any contractor, subcontractor or material supplier from the Premises and the Building if the work or presence of such persons procure and maintain insurance coverage against such risks, person or entity results in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed labor disputes in a good and workmanlike manner using or about the Building standard materials or other new materials of equal or greater quality. Landlord, damage to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in Premises or the Building. Upon completion of the Alterationswork performed for Tenant, at Landlord’s request Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits evidence of full payment therefor and full and final unconditional waivers and releases of lien liens for all labor, services and/or materials used. Unless Landlord requires their removal, as set forth above, all alterations, improvements or additions which may be made on the Premises shall, at Landlord’s option, become the property of Landlord and receipted bills covering all labor remain upon and materials. All Alterations shall comply be surrendered with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination Premises at the termination or expiration of the architecturalterm; provided, mechanicalhowever, electrical that Tenant’s machinery, equipment and plumbing plans for trade fixtures, other than any Alterations. In additionwhich may be affixed to the Premises so that they cannot be removed without material damage to the Premises, if Landlord so requests, Landlord shall remain the property of Tenant and shall be entitled to oversee the construction of any Alterations, and in removed by Tenant on or before such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s usetime.

Appears in 1 contract

Samples: Lease Agreement (St Francis Medical Technologies Inc)

Maintenance Repairs and Alterations. A. Except to the extent such obligations are imposed upon Landlord hereunder, Tenant shall, at its sole cost and expense, maintain the Premises (including, without limitation, any supplemental electrical or HVAC systems installed by or on behalf of Tenant and exclusively serving the Premises, audio/visual, computer, data or telecommunications systems, special security systems, interior bathrooms (i.e., bathrooms located within the Premises and not available for common use), kitchens and kitchen appliances) and any building systems (including electrical or HVAC systems) to the extent exclusively serving the Premises, whether located within or outside of the Premises Premises, in good substantially the same order, condition and repair as existed on the Commencement Date (or such better condition as it may be put in thereafter by Tenant) throughout the entire Lease Term, ordinary wear and tear and damage by fire or other casualty excepted. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all timestimes consistent with other similarly situated space. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the reasonable cost of all repairs, replacements and alterations (collectively, “Repairs”) in and to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge often of ten percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (32) the moving of Tenant’s Property into or out of the Building, (3) any Alterations (hereinafter defined), or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees, subject to Section 13D below. B. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided however, Tenant shall have the right to perform, without Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 in the aggregate (at any one time), and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consentwithheld. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessaryconsent, Tenant shall deliver to Landlord plans and specifications reasonably acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and and, to the extent the cost of such Alterations shall exceed $500,000 in the aggregate in any twelve (12) month period, a payment bond or other securitysecurity (provided, however, that Tenant’s obligation to provide security with respect to the Initial Alterations shall be governed by Exhibit D), all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon within thirty (30) days following written demand therefor for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any AlterationsAlterations that may adversely affect the structure of the Building or any of the mechanical, and electrical, plumbing or life safety systems of the Building. If Landlord elects to oversee such work, Landlord shall be entitled to receive a fee for such oversight in an amount equal to three percent (3%) of the cost of such eventAlterations (provided, Tenant shall reimburse Landlord however, that the fee for Landlord’s actual out oversight of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business HoursInitial Alterations shall be governed by Exhibit D). Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, or regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s use. Notwithstanding anything in this Section 9B to the contrary, Landlord’s consent shall not be required for Alterations not costing more than $10,000 each project and consisting solely of painting, wall covering and carpeting or similar decorating work or furnishings (so long as such work does not involve hazardous materials, does not affect base building systems or the structure of the Building, and is not visible from the outside the Premises) and Tenant may perform such Alterations, so long as Tenant informs Landlord in reasonable detail of the nature of the Alterations and otherwise complies with the provisions of this Section 9B. C. Landlord shall perform all maintenance, repairs and replacements reasonably necessary to keep in good condition and working order (a) the heating, ventilating, air conditioning, plumbing, security, electrical, life safety and other mechanical systems and equipment of the Building (except to the extent exclusively serving the Premises or where the maintenance and repair of such systems and equipment is otherwise the specific responsibility of Tenant under this Lease), (b) the Common Areas of the Building, (c) the structure of the Building (including, without limitation, the roof, exterior walls and exterior windows and foundation thereof), and (d) common restrooms.

Appears in 1 contract

Samples: Office Lease (Enernoc Inc)

Maintenance Repairs and Alterations. A. Except Excluding repairs that occur in the Premises, but to facilities that are actually for the extent such obligations are imposed upon Landlord hereunderuse of all Building Tenants, in which case shall be deemed an Operating Expense, Tenant shall, at its sole cost and Tenant's expense, maintain the interior every part of the Premises in good order, condition and repair throughout repair, including without limitation, (i) all interior surfaces, ceilings, walls, door frames, window frames, floors, carpets, draperies, window coverings and fixtures, (ii) all windows, doors, locks and closing devices, entrances, plate glass, and signs, (iii) all plumbing and sewage pipes, fixtures and fittings, (iv) all phone lines, electrical wiring, equipment, switches, outlets, and light bulbs, (v) any fire detection, fire sprinkler or extinguisher equipment, (vi) all of Tenant's personal property, improvements and alterations, and (vii) all other fixtures and special items installed by or for the entire Lease Termbenefit of, ordinary wear and tear excepted. Tenant agrees to keep or at the areas visible from outside the Premises in a neat, clean and attractive condition at all timesexpense of Tenant. Tenant shall, within thirty (30) days after Landlord’s written demand thereforat its expense, reimburse Landlord for cause to be maintained in good operating condition and repair, all heating, ventilating, and air conditioning equipment installed in, or on the cost roof of all repairs, replacements and alterations (collectively, “Repairs”) in and to the Premises. Tenant shall keep in force a preventive maintenance contract with a qualified maintenance company covering all heating, Building ventilating and Property air conditioning equipment and the facilities and systems thereof, plus an administration charge often percent (10%) of such cost, the need for which Repairs arises out of (and provided shall annually provide Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions with a copy of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) contract. Tenant shall not enter onto the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out roof area of the Building, or (4) except for the actpurpose of maintaining the heating, omissionventilating, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. and air conditioning equipment and provided that Tenant shall not make or allow to be made repair any alterations, additions or improvements damage to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided however, Tenant shall have the right to perform, without Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 in the aggregate (at any one time), and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlordroof area caused by its entry. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, its own janitorial service. Landlord shall incur no expense (nor have any obligation) of any kind whatsoever in such amounts and connection with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants maintenance of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s usePremises.

Appears in 1 contract

Samples: Office Lease (MCB Financial Corp)

Maintenance Repairs and Alterations. A. Except to Landlord hereby covenants that the extent such obligations are imposed upon Landlord hereunder, Tenant shall, at its sole cost Premises shall be in reasonably good and expense, maintain the interior usable condition as of the Premises in good order, condition and repair throughout the entire Lease Term, ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations (collectively, “Repairs”) in and to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge often percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions effective date of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s PropertyAgreement. Replacements made by Landlord, if undertaken by any, shall belong to it. Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any alterations, additions or improvements keep access to the Premises (collectively, “Alterations”), without first obtaining free and clear of any and all obstructions including snow and ice. ** Portions of this agreement have been omitted and filed separately with the written consent SEC pursuant to a confidential treatment request CONFIDENTIAL EXECUTION VERSION In the event of Landlord, which consent shall not be unreasonably withheld or delayed; provided howeveran emergency, Tenant shall have the right to performperform any obligation of Landlord under this Agreement and recover from Landlord any reasonable amounts so expended by Tenant within thirty (30) days of the date of demand or, without Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 in the aggregate (at any one time)alternative, and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instanceoffset amounts so expended against Rent. Landlord reserves shall, at its sole expense, make structural repairs and replacements to the right to require Tenant to remove at the end footings, foundation and structural elements of walls and roofs of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations Premises and as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlord. Tenant also shall be responsible for insuring maintenance, repairs and replacements, at its sole expense, of heating, ventilating, air conditioning systems, plumbing systems, and electrical systems, provided, however, that all such persons procure Tenant, at its sole expense, shall be responsible for maintenance, repairs and maintain insurance coverage against such risksreplacements regarding the irrigation system on the Premises as well as Tenant's occupancy costs as described above in Section 4 of this Agreement and shall also be responsible for maintenance, repairs or replacements necessitated by Tenant's actions. Contact information for the Landlord in case of any maintenance, repair or replacement issues is as follows: [**]1 Additions, improvements and alterations made by Tenant, whether temporary or permanent in nature, shall be subject to the prior approval of Landlord and upon completion shall belong to Tenant, provided that removal may be made without damage to the Premises at the expiration of the Agreement term. If removal of the improvements or alterations would cause damage to the Premises, said improvements and alterations shall automatically become the property of Landlord. Tenant, at its sole expense, shall be responsible for maintenance, repairs and replacements of any additions, improvements or alterations made by Tenant on, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulationsPremises. Tenant shall reimburse Landlord upon demand keep the Premises in good order, repair and condition at all times during the Agreement term, except for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical ordinary wear and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s usetear.

Appears in 1 contract

Samples: Lease Agreement

Maintenance Repairs and Alterations. A. Except to the extent such obligations are imposed upon Landlord hereunder, (a) Tenant shall, at its sole cost and Tenant’s expense, maintain the interior every part of the Premises in good order, condition and repair, including without limitation, (i) all interior surfaces, ceilings, walls, door frames, window frames, floors, carpets, draperies, window coverings and fixtures, (ii) all windows, doors, locks and closing devices, entrances, plate glass, and signs, (iii) all plumbing and sewage pipes, fixtures and fittings, (iv) all phone lines, electrical wiring, equipment, switches, outlets, and lightbulbs, (v) any fire detection, fire sprinkler or extinguisher equipment, (vi) all of Tenant’s personal property, improvements and alterations, and (vii) all other fixtures and special items installed by or for the benefit of, or at the expense of Tenant. All repairs or replacements required of Tenant shall be promptly made with new materials of like kind and quality, and subject to Landlord’s prior written approval where any such repair throughout or replacement work exceeds $200.00. (b) Landlord shall, at Landlord’s expense, keep in good condition and repair the entire foundation, roof structure (excluding the roof membrane), exterior walls and other structural parts of the Building not the obligation of Tenant or any other tenant in the Building. Landlord shall keep in good condition and repair all non-structural parts of the Building not the obligation of Tenant or any other tenant in the Building (including, without limitation, the roof membrane, lobby and elevators), and such expense shall be included in the calculation of Operating Expenses payable by tenants within the Building. Tenant expressly waives the benefits of any statute, including Civil Code Sections 1941 and 1942, which would afford Tenant the right to make repairs at Landlord’s expense or to terminate this Lease Termdue to Landlord’s failure to keep the Building in good order, condition and repair. Landlord shall have no liability to Tenant for any damage, inconvenience, or interference with the use of the Premises by Xxxxxx as the result of Landlord performing any such maintenance and repair work. (c) In the event Tenant fails to perform Tenant’s obligations under this Paragraph 8, Landlord may, but shall not be required to, give Tenant notice to do such acts as are reasonably required to so maintain the Premises. If Tenant shall fail to commence such work and diligently prosecute it to completion, then Landlord shall have the right (but not the obligation) to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amounts so expended by Landlord will be additional rent due under this Lease, and such amounts will become due and payable on demand by Landlord. Landlord shall have no liability to Tenant for any such damages, inconvenience, or interference with the use of the Premises by Xxxxxx as a result of performing such work. (d) Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises in good condition and repair, only ordinary wear and tear excepted. Tenant Tenant, at its sole cast and expense, agrees to keep the areas visible from outside repair any damages to the Premises caused by or in a neatconnection with the removal of any articles of personal property, clean business or trade fixtures, signs, machinery, equipment, cabinetwork, furniture, moveable partitions, or permanent improvements or additions, including without limitation thereto, repairing the floor and attractive condition at all timespatching and painting the walls where required by Landlord, to Landlord’s reasonable satisfaction. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Xxxxxx in so surrendering the Premises, including without limitation, any claims made by any succeeding tenant resulting from such delay. (e) Tenant shall not make any alterations, improvements, or additions in, on, or about the Promises without Landlord’s xxxxx written consent, except that Tenant may make alterations, improvements, or additions without Landlord’s prior written consent where (i) the reasonably estimated cost does not exceed $2,500, and (ii) such alterations, improvements, or additions do not affect or involve the structural integrity, roof membrane, exterior areas, building systems, or water-tight nature of the Premises, the Building or the Project. In requesting Landlord’s consent, Tenant shall, within thirty at Tenant’s sole cost, submit to Landlord complete drawings and specifications describing such work and the identity of the proposed contractor at least ten (3010) business days after Landlord’s written demand thereforprior to the commencement of any work. With respect to any alterations, reimburse Landlord for improvements or additions made to the cost of all repairsPremises by Xxxxxx: (1) Before commencing any work relating to alterations, replacements and alterations (collectivelyadditions, “Repairs”) in and to or improvements affecting the Premises, Building Tenant shall notify Landlord of the expected date of commencement thereof and Property of the anticipated cost thereof. Landlord shall then have the right at any time and from time to time to post and maintain on the facilities Premises such notices as Landlord reasonably deems necessary to protect the Premises and systems thereofLandlord front mechanics’ liens or any other liens. (2) Tenant shall pay when due all claims for labor or materials furnished to Tenant for use in the Premises. Tenant shall not permit any mechanics’ liens or any other liens to be levied against the Premises for any labor or materials furnished to Tenant in connection with work performed on the Premises by or at the direction of Tenant. Tenant shall indemnify, plus an administration charge often hold harmless and defend Landlord (by counsel reasonably satisfactory to Landlord) from any liens and encumbrances arising out of any work performed or materials furnished by, or at the direction of Xxxxxx. In the event that Tenant shall not, within twenty (20) days following the imposition of any such lien, cause such lien to be released of record by payment or posting of a proper bond, Landlord shall have, in addition to all other remedies provided herein by law, the right, but not the obligation, to cause the same to be released by such means as it shall deem proper, including payment of the claim giving rise to such lien. All such sums paid by Xxxxxxxx and all expenses incurred by it in connection therewith, including attorneys’ fees and costs, shall he payable to Landlord by Tenant on demand with interest at the rate of ten percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, per annum. (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any All alterations, improvements or additions in or improvements to about the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided however, Tenant shall have the right to perform, without Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 in the aggregate (at any one time), and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall be done in a first-class, workmanlike manner, shall not unreasonably lessen the value of leasehold improvements in the Premises, and shall be deemed to be representation by Landlord that such plans and specifications comply completed in compliance with all applicable insurance requirements, building codeslaws, ordinances, laws orregulations and orders of any governmental authority having jurisdiction thereover, regulations as well as the requirements of insurers of the Premises and the Building. (4) Upon Landlord’s request, Tenant shall remove any contractor, subcontractor or material supplier from the Premises and the Building if the work or presence of such person or entity results in labor disputes in or about the Building or Project or damage to the Premises, Building or Project. (5) Landlord, at Xxxxxxxx’s sole discretion, may refuse to grant Tenant permission for alterations, improvements or additions which require, because of application of Americans with Disabilities Act or other laws, substantial improvements or alterations to be made to the Common Areas. (6) Landlord may, up to sixty (60) days prior to the expiration of the Term, require that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant, at Tenant’s useexpense, remove any such alterations, improvements or additions prior to or upon the expiration of this Lease, and restore the Premises to their condition prior to such alterations, improvements or additions. (7) Unless Landlord requires their removal, as set forth above, all alterations, improvements, or additions made to the Premises shall become the property of Landlord and remain upon and he surrendered with the Premises upon the expiration of this Lease; provided, however, that Tenant’s machinery, equipment, and trade fixtures, other than any which may be affixed to the Premises so that they cannot be removed without material damage to the Premises, shall remain the property of Tenant and may be removed by Tenant subject to the provisions of Paragraph 8(d) above.

Appears in 1 contract

Samples: Full Service Lease (Force10 Networks Inc)

Maintenance Repairs and Alterations. A. Except (a) Subject to the extent such obligations are imposed upon provisions of paragraph 10 below, and except for damages caused by Tenant, its agents or invitees, Landlord hereunder, Tenant shall, at its sole cost shall keep in good condition and expense, maintain repair and replace when necessary the interior foundations and exterior walls and roof of the Building and all common areas within the Building not leased to tenants. Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the Premises or the Building in good order, condition and repair. (b) Tenant shall, at Tenant's expense, maintain the interior portion of the Premises including, but not limited to, all plumbing and electrical fixtures and outlets, all computer and telecommunications wiring and outlets, and any interior glass in good condition and repair. With respect to the electrical and plumbing systems serving the Premises, Tenant shall be responsible for the maintenance and repair throughout of any such systems only to the entire Lease Termpoint where such systems join a main or other junction (e.g., sewer main or electrical transformer) serving more than one user, unless such repair is specifically due to Tenant's misuse. If Tenant fails to do so Landlord may, but shall not be required to, enter the Premises and put them in good condition, and Landlord's costs thereof shall automatically become due and payable as additional rent. At the expiration of the term Tenant shall deliver up possession of the Premises in good condition and repair, ordinary wear and tear tear, acts of God, casualties, condemnation and alterations with respect to which Landlord has not reserve the right to require removal excepted. (c) Tenant shall not, without Landlord's prior consent, which shall not be unreasonably withheld, conditioned or delayed, make any alterations, improvements or additions in or about the Premises. Notwithstanding the foregoing, Tenant agrees shall not be required to keep obtain Landlord's prior consent for minor, nonstructural alterations that (i) do not affect any of the areas Building systems, (ii) are not visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost exterior of all repairs, replacements and alterations (collectively, “Repairs”) in and to the Premises, Building and Property and the facilities and systems thereof(iii) cost less than Fifteen Thousand Dollars ($15,000.00) per work of improvement, plus an administration charge often percent (10%) of such cost, the need for which Repairs arises out of (and provided so long as Tenant gives Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention proposed alterations as set forth below. As a condition to giving such consent, Landlord may require that Tenant remove any such alterations, improvements or additions at the expiration of the terms term, and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) restore the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow Premises to be made their prior condition. Before commencing any work relating to alterations, additions or improvements to affecting the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided howeverPremises, Tenant shall notify Landlord of the expected date of commencement thereof and of the anticipated cost thereof, and shall furnish complete drawings and specifications describing such work as well as such information as shall reasonably be requested by Landlord substantiating Tenant's ability to pay for such work. Landlord shall then have the right at any time and from time to performtime to post and maintain on the Premises such notices as Landlord reasonably deems necessary to protect the Premises, without Landlord’s consentthe Building and Landlord from mechanics, certain Alterations that do not cost in excess of $25,000.00 liens or any other liens. In any event, Tenant shall pay when due all claims for labor or materials furnished to or for Tenant at or for use in the aggregate (Premises. Tenant shall not permit any mechanics, liens to be levied against the Premises for any labor or materials furnished to Tenant or claimed to have been furnished to Tenant or to Tenant's agents or contractors in connection with work performed or claimed to have been performed on the Premises by or at the direction of Tenant. All alterations, improvements or additions in or about the Premises performed by or on behalf of Tenant other than Tenant's Work shall be done by contractors reasonably designated or approved by Landlord, in a first-class, workmanlike manner which does not disturb or interfere with other tenants and in compliance with all applicable laws, ordinances, regulations and orders of any one time)governmental authority having jurisdiction thereover, as well as the requirements of insurers of the Premises and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations and as a condition to obtaining work, if required by Landlord’s consent where necessary, Tenant shall deliver purchase builder's risk insurance in an amount no less than the value of the completed work of alteration, addition or improvement on an all-risk basis, covering all perils then customarily covered by such insurance. In addition, prior to the commencement of any such work, if Landlord so requests in connection with alterations the cost of which shall exceed $100,000, Tenant shall furnish to Landlord plans performance and specifications acceptable to Landlord; names payments bonds in a form and addresses of contractors issued by a surety reasonably acceptable to Landlord in an amount equal to the cost of such work of alteration, improvement or addition. Notwithstanding anything in this paragraph 8 to the contrary, upon Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security's request, all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring that all remove any contractor, subcontractor or material supplier from the Premises and the Building if the work or presence of such persons procure and maintain insurance coverage against such risks, person or entity results in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed labor disputes in a good and workmanlike manner using or about the Building standard materials or other new materials of equal or greater quality. Landlord, damage to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in Premises or the Building. Upon completion of the Alterationswork performed for Tenant, at Landlord's request Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits evidence of full payment therefor and full and final unconditional waivers and releases of lien liens for all labor, services and/or materials used. Unless Landlord requires their removal, as set forth above, all alterations, improvements or additions which may be made on the Premises shall become the property of Landlord and receipted bills covering all labor remain upon and materials. All Alterations shall comply be surrendered with the insurance requirements Premises at the termination or expiration of the term; provided, however, that Tenant's machinery, equipment and with applicable codestrade fixtures, ordinancesother than any which may be affixed to the Premises so that they cannot be removed without material damage to the Premises, laws shall remain the property of Tenant and regulationsshall be removed by Tenant. Tenant shall reimburse Landlord upon demand for all reasonable sumsmay, if anyat its own cost and expense, expended by Landlord for third party examination subject to any necessary governmental approvals and Landlord's approval with respect to screening and location, install a back-up electrical generator serving the Premises near the exterior of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s useBuilding.

Appears in 1 contract

Samples: Office Lease (Iown Holdings Inc)

Maintenance Repairs and Alterations. A. Except to the extent such obligations are imposed upon Landlord hereunder, Tenant shall, at its sole cost and expense, maintain the Premises (including, without limitation, any supplemental electrical or HVAC systems installed by Tenant, audio/visual, computer, data or telecommunications systems, special security systems, interior of bathrooms, kitchens and kitchen appliances) in substantially the Premises in good same order, condition and repair as existed on the Commencement Date (or such better condition as it may be put in thereafter by Tenant) throughout the entire Lease Term, ordinary wear and tear and damage by fire or other casualty excepted. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the reasonable cost of all repairs, replacements and alterations (collectively, “Repairs”) in and to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge often of ten percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request Property or by virtue of Tenant’s default in undertaking such obligationsRequired Removables, (32) the moving of Tenant’s Property and Required Removables into or out of the Building, (3) any Alterations (hereinafter defined), or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees, subject to Section 13D below. B. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided however, Tenant shall have the right to perform, without Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 in the aggregate (at any one time), and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consentwithheld. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessaryconsent, Tenant shall deliver to Landlord plans and specifications reasonably acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the reasonable time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any AlterationsAlterations that may affect the structure of the Building or any of the mechanical, and electrical, plumbing or life safety systems of the Building. If Landlord elects to oversee such work, Landlord shall be entitled to receive a fee for such oversight in such event, Tenant shall reimburse Landlord for Landlord’s actual out an amount equal to ten percent (10%) of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hourssuch Alterations. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, or regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s use. C. Landlord shall perform all maintenance, repairs and replacements reasonably necessary to keep in good condition and working order (a) the heating, ventilating, air conditioning, plumbing, security, electrical, life safety and other mechanical systems and equipment serving the Premises (except to the extent that the maintenance and repair of such systems and equipment are the responsibility of Tenant under this Lease), (b) the Common Areas of the Building, and (c) the structure of the Building (including, without limitation, the roof, exterior walls and foundation thereof).

Appears in 1 contract

Samples: Office Lease (Enernoc Inc)

Maintenance Repairs and Alterations. A. Except to Section 8.01 - Maintenance, Repairs and Alterations by the extent such obligations are imposed upon Landlord hereunder, Tenant (a) The Tenant shallwill at all times, at its sole cost and expense, maintain the interior whole of the Leased Premises including, without limitation, electrical, lighting, wiring, plumbing fixtures and equipment and the heating, ventilating and air-conditioning systems and equipment within or exclusively serving the Leased Premises in good order, first-class condition and repair throughout repair, as determined by the entire Lease TermLandlord, ordinary wear and tear excepted. the Tenant agrees to keep will make all needed repairs and replacements thereto and thereof with due diligence and dispatch, unless the areas visible from outside Landlord informs the Tenant that the Landlord will do some or all of the aforesaid work, in which event the cost of the work done by the Landlord in this regard shall, at the option of the Landlord, either be paid by the Tenant upon the receipt of the Landlord's invoice therefor or be included in Operating Costs. (b) The Tenant will leave the Leased Premises in a neat, clean and attractive reasonably tidy condition at all times. the end of each business day in order that the Landlord's cleaning services, if any such cleaning services are provided by the Landlord, can be performed. (c) The Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord will pay for the cost of all repairsreplacement of glass broken on the Leased Premises including outside windows and doors of the perimeter of the Leased Premises. (d) At the expiration or earlier termination of the Term, replacements and alterations (collectivelyor any renewal thereof, “Repairs”) in and the Tenant will surrender the Leased Premises to the PremisesLandlord in "as is" condition, Building and Property and which shall be the facilities and systems thereof, plus an administration charge often percent (10%) of such cost, condition that the need for which Repairs arises out of (and provided Landlord has given prior written notice Tenant is required to Tenant of such need): (1) Tenant’s use of maintain them throughout the Premises in contravention of the terms and conditions of this LeaseTerm, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided however, Tenant shall have the right to perform, without Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 in the aggregate (at any one time), and do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instancerenewal thereof. Landlord reserves the right to require Tenant to remove at the end of the Lease Term any Alterations installed without the Landlord’s consent. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessary, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of The Tenant shall not be deemed required to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations remove or that restore any fixtures or leasehold improvements in the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s useLeased Premises.

Appears in 1 contract

Samples: Lease (Ironside Technologies Inc)

Maintenance Repairs and Alterations. A. Except to Tenant/Buyer agrees that the extent such obligations Premises are imposed upon Landlord hereunder, Tenant shall, at its sole cost in good working order and expense, maintain repair as of the interior date of this Agreement. Tenant/Buyer expressly acknowledges that possession of the Premises is taken in good orderits present “as is” condition, with all faults, including, but not limited to lead-based paint and lead-based paint hazards and damage from termites or any other wood-destroying organism. Tenant/Buyer agrees that they have had adequate opportunity to inspect the condition of the property and repair throughout Landlord/Seller makes no warranties or representations about the entire Lease Termcondition of the property, ordinary wear and tear exceptedthe improvements, utilities, electrical, plumbing, appliances or the neighborhood. Tenant agrees to keep At the areas visible from outside time the Tenant/Buyer assumes possession of the Premises, the Tenant/Buyer shall at all times maintain the Premises in a neat, clean and attractive condition at all times. Tenant shallsanitary manner, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost and upon termination of all repairs, replacements and alterations (collectively, “Repairs”) in and to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge often percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use of this agreement shall surrender the Premises in contravention of the terms same condition in which it was received, absent normal wear and conditions of this Lease, or tear. Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunder, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request or by virtue of Tenant’s default in undertaking such obligations, (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant /Buyer shall not make or make, nor allow to be made any alterations, additions or improvements material alterations to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided however, Tenant shall have the right to perform, Property without Landlord/Seller’s written consent. Notwithstanding the foregoing, certain Alterations Tenant/Buyer shall be responsible for the everyday maintenance and upkeep of the Property, and shall be solely responsible for any and all repairs to the Property; provided, that do not cost Landlord/Seller shall be responsible for any single repair in excess of $25,000.00 in the aggregate (at 500. Tenant/Buyer agrees to pay up to this amount directly to any one time), and do not affect any mechanical repair person or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove supplier at the end time of repair or purchase. As the future purchasers of the Lease Term Property, Tenant/Buyer(s) further waive any Alterations installed without and all rights they may have under repair provisions under applicable MO STATE LAW law regarding the Landlord’s consentlandlord being responsible for all repairs. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessary, Tenant Any repairs done by Tenant/Buyer shall deliver to Landlord plans and specifications acceptable be reported to Landlord; names and addresses of contractors reasonably acceptable /Seller in writing prior to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount satisfactory to Landlordany work being done. Tenant shall be responsible for insuring Its is also further agreed that all such persons procure and maintain insurance coverage against such risksalterations or repairs performed or completed including, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlordwithout limitation, any items affixed to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Buildingproperty, shall have become the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance property of work in the Building. Upon completion Landlord/Seller upon termination of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations, and in such event, Tenant shall reimburse Landlord for Landlord’s actual out of pocket costs incurred in connection therewith, which may include the cost of management personnel working outside of Normal Business Hours. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s usethis agreement.

Appears in 1 contract

Samples: Residential Lease Purchase Option Agreement

Maintenance Repairs and Alterations. A. Except to the extent such obligations are imposed upon Landlord hereunder, Tenant shall, at its sole cost and expense, maintain the interior of the Premises in good order, condition and repair throughout the entire Lease Term, ordinary wear and tear and loss by casualty and condemnation excepted, including but not limited to, windows, glass, plate glass doors, any special office entry, interior walls and finish work, floors and floor covering, heating and air conditioning systems, lighting, electrical systems, dock boards, truck doors, and door bumpers. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall be responsible for repair, maintenance and replacement, if necessary, of the HVAC system and equipment serving the Premises; however, provided Tenant has maintained the preventive maintenance/service contract as required below, and further provided that Tenant is not otherwise in default under the terms of this Lease beyond applicable notice and cure periods, (i) in the event any HVAC unit serving the approximately 8,395 rentable square feet of the Premises identified as “Additional Space #3” on Exhibit A-2 attached hereto and listed on Schedule A-2-1 attached hereto requires repairs during the Lease Term and any Renewal Term, if applicable, Tenant shall not be responsible for any repair or replacement costs exceeding $2,500.00 per such unit(s) per repair, and (ii) in the event any HVAC unit serving the approximately 26,768 rentable square feet of the Premises identified as “Additional Space #4” on Exhibit A-2 attached hereto and listed on Schedule A-2-1 attached hereto requires repairs during the Lease Term and any Renewal Term, if applicable, Tenant shall not be responsible for any repair costs exceeding $1,000.00 per such unit(s) per repair or replacement. All such repairs, replacements or alterations shall be performed in accordance with Section 8.C below and the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance of work in the Building. Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor or an in-house engineer for servicing all heating and air conditioning systems and equipment within or exclusively serving the Premises. For purposes of Tenant performing its HVAC maintenance obligations under this Section 8.A, Landlord agrees to allow Tenant access to the roof of the Building upon at least 24 hours prior notice to Landlord (which notice may be oral), except in the case of an emergency, in which event Tenant shall be allowed access to the roof concurrently with notification to Landlord by use of a key located in a lockbox. Tenant agrees that it will ensure that any Tenant employees or contractors performing services on its behalf carry the insurance required under the terms of this Lease and take precautions not to damage the roof or the Building. Tenant shall be solely liable, and will indemnify and hold Landlord harmless for its employees or contractors actions that result in any damage or injury while accessing or working on the roof of the Building. The maintenance contractor and the contract or the in-house engineer and the scope of services to be performed by such person must be approved by Landlord, which approval shall not be unreasonably withheld. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective (and a copy thereof delivered to Landlord) within thirty (30) days of the date Tenant takes possession of the Premises and provide for service not less than a quarterly basis. Additionally, the service contract must provide that a copy of all service reports shall be delivered to Landlord promptly after Landlord’s request therefor. Landlord and Tenant acknowledge and agree that Tenant currently has an approved maintenance contract in place with respect to the heating and air conditioning systems and equipment within or exclusively serving the Premises and upon the execution of this Lease, Tenant will provide Landlord with a copy of such contract and the most recent quarterly inspection report. At least 14 days before the end of the Lease Term, Tenant shall deliver to Landlord a certificate from an engineer reasonably acceptable to Landlord certifying that the HVAC system is then in good repair and working order. Tenant shall, at Tenant’s sole cost and expense, provide janitorial service to the Premises and contract for trash removal and pest control for the Premises. If Tenant fails to maintain the Premises in good order, condition and repair, Landlord shall give Tenant notice to perform such acts as are reasonably required to so maintain the Premises. If Tenant fails to promptly commence such work and diligently pursue it to its completion, then Landlord may, at is option, make such repairs, and Tenant shall pay the reasonable cost thereof to Landlord on demand as Additional Rent. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations (collectively, “Repairs”) in and to the Premises, Building and Property Project and the facilities and systems thereof, ; plus an and administration charge often of ten percent (10%) of such cost, the need for which Repairs arises out of (and provided Landlord has given prior written notice to Tenant of such need): (1) Tenant’s use or occupancy of the Premises in contravention of the terms and conditions of this Lease, or Tenant’s failure to perform maintenance or repairs which are Tenant’s obligation hereunderPremises, (2) the installation, removal, use or operation of Tenant’s Property, if undertaken by Landlord at Tenant’s request Property (hereinafter defined) or by virtue of Tenant’s default in undertaking such obligations, Alterations (3) the moving of Tenant’s Property into or out of the Buildinghereinafter defined), or (43) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Landlord shall keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon the roof, foundation and exterior walls of the Building, reasonable wear and tear excepted. The term “walls” as used herein shall not include windows, glass or plate glass, doors, special storefronts or office entries. Tenant shall immediately give Landlord written notice of the need for repairs, and Landlord shall commence to perform such repairs as soon as reasonably possible after receipt of such notice and thereafter diligently pursue the completion of same using commercially reasonable efforts. Landlord shall also maintain in good repair and condition the parking areas and other Common Areas of the Project, including, but not limited to driveways, alleys, landscape and grounds, including without limitation, snow and ice removal. Tenant will be responsible for the payment of all costs associated with Landlord’s maintenance if the need therefor arises due to the fault or negligence of Tenant or its agents, employees, licensees or invitees. Except as otherwise expressly provided in this Section 8.B, Landlord will not at any time be required to make any improvements, repairs, replacements or alterations to the Premises. Notwithstanding any other provision hereof, if Landlord fails to perform its maintenance and repair obligations hereunder and if (i) the lack of such maintenance and repair by Landlord materially impairs Tenant’s use of the Premises, (ii) the need for such maintenance and repair is not caused by Tenant or Tenant’s contractors, agents, employees, customers, licensees or invitees, and (iii) Landlord fails to make any required repairs within thirty (30) days after the receipt of Tenant’s written notice or, in the event the nature of Landlord’s obligation is such that more than thirty (30) days are required for its performance and Landlord fails to commence performance within the thirty (30) day period and thereafter diligently pursue the completion of same using commercially reasonable efforts, Tenant may, at its option, make such repair or replacement on Landlord’s behalf and recover from Landlord Tenant’s reasonable out-of-pocket costs and expenses in connection with the exercise of such right and Landlord shall reimburse Tenant for such costs within thirty (30) days after receipt of an invoice from Tenant; provided that if the repair or replacement affects any portion of the Building which is the subject of any warranty or maintenance/service agreement (such as, without limitation, the roof), Tenant shall use Landlord’s designated contractor for such repair and/or replacement so as not, to impair or invalidate the warranty or maintenance/service agreement provided that Tenant has received advance written notice of the existence of such warranties and the identities of such contractors. Subject to Section 11.E below, in the case of any damage to the Building or its components or systems caused by Tenant or Tenant’s agents, employees, contractors, customers, licensees or invitees, the cost to repair the same shall be paid for by Tenant. C. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises (collectively, “Alterations”)) costing more than $20,000, without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided howeverso long as such Alterations will not (i) affect the structure of the Building, Tenant shall have (ii) materially and adversely affect the right to performmechanical, without Landlord’s consent, certain Alterations that do not cost in excess of $25,000.00 in electrical and plumbing systems serving the aggregate (at any one time)Premises, and (iii) do not affect any mechanical or electrical or life safety systems or plumbing in the Building, provided that advance notice has been given to Landlord in each instance. Landlord reserves the right to require Tenant to remove at the end exterior of the Lease Term any Alterations installed without the Landlord’s consentPremises. Prior to commencing any such Alterations and as a condition to obtaining Landlord’s consent where necessaryconsent, Tenant shall deliver to Landlord plans and specifications reasonably acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 11 hereof; and a payment bond or other security, all in form and amount reasonably satisfactory to Landlord. Tenant shall be responsible for insuring ensuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the a reasonable time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. Within ninety (90) days from the date hereof, Tenant agrees to provide Landlord with a complete set of as-built plans for the Premises which include all alterations and improvements previously made by Tenant under the Existing Lease. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations up to a maximum amount of One Thousand and no/100 Dollars ($1,000.00) per requested Alteration or series of Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee (but shall not be the project manager) the construction of any AlterationsAlterations that may affect the structure of the Building or materially affect any of the mechanical, and in such eventelectrical, Tenant shall reimburse Landlord for Landlord’s actual out plumbing or life safety systems of pocket costs incurred in connection therewiththe Building, which but only to the extent that the same may include affect the cost structure of management personnel working outside the Building or may materially affect any of Normal Business Hoursthe mechanical, electrical, plumbing or life safety. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be a representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or, or regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s use. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner, erect such shelves, bins, fume hoods, other lab furnishings, security cameras, machinery, and trade fixtures (together with any other personal property brought into the Premises by Tenant, collectively, “Tenant’s Property”) as it may deem advisable, without altering the basic character of the Building or improvements and without overloading or damaging such Building or improvements, and in- each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All Alterations and partitions erected by Tenant after the date of this Lease shall be and remain the property of Tenant during the term of this Lease, and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all Alterations and partitions erected by Tenant during the Term of this Lease and restore the Premises to its original condition under this Lease as of the date hereof (provided that any portion of the Premises which is warehouse space as of the date of this Lease shall be restored to office condition as opposed to its original condition) by the date of termination of this Lease or upon earlier vacating of the Premises; provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such Alterations and/or partitions shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. All of Tenant’s Property may be removed by Tenant prior to the termination of this Lease, and all of Tenant’s Property and all electronic, phone and data cabling exclusively serving the Premises installed after the date of this Lease (whether such cabling is located within or outside of the Premises) shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises. Any removal by Tenant shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the Building. If Tenant fails to remove any of the foregoing items or to perform any required repairs and restoration, (i) Landlord, at Tenant’s sole cost and expense, may remove the same (and repair any damage occasioned thereby) and dispose thereof or deliver such items to any other place of business of Tenant, or warehouse the same, and Tenant shall pay the reasonable cost of such removal, repair, delivery, or warehousing of such items within five (5) days after demand from Landlord and (ii) such failure shall be deemed a holding over by Tenant under Section 21 hereof until such failure is rectified by Tenant or Landlord. With respect to Alterations installed under the Existing Lease, unless specifically notified by Landlord in writing to the contrary at least nine (9) months prior to the expiration of this Lease, at the expiration or earlier termination of this Lease, Tenant shall at its expense restore the Premises to good, marketable, general office condition containing no laboratory features. Such removal and restoration obligations of Tenant shall be governed by the terms of this Section S.C. Notwithstanding anything to the contrary set forth in this Lease, in connection with Tenant’s obligation to restore the Premises to good, marketable, general office condition, Base Rent payable with respect to those portions of the Premises that are used for laboratory purposes shall be abated during the final three and one-half (3.5) months of the Lease Term, provided that Tenant shall be responsible for payment of all Additional Rent payable hereunder for such portions of the Premises during such final three and one-half (3.5) months.

Appears in 1 contract

Samples: Industrial Building Lease (Scynexis Inc)

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