Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises. 7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards. 7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted. 7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties. 7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 2 contracts
Samples: Lease (SQL Financials International Inc /De), Lease (Clarus Corp)
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shallLessee, at its sole costown cost and expense, riskshall: (i) service, expense repair, maintain, modify, overhaul and liabilitytest, or cause the same to be done to, each Item of Equipment leased hereunder (A) so as to keep such Item of Equipment in the same condition and maintain the Premises in good order appearance as when delivered to Lessee hereunder, ordinary wear and repairtear from normal flight operations excepted, and in good operating condition, (B) so as to keep the Aircraft in the condition as may be necessary to enable the airworthiness certification of the Aircraft to be maintained in good standing at all times under the United States Transportation Code of 1994, as amended, and to be operated under FAR Part 121, and (C) in strict compliance with all applicable governmental codesLessee's Maintenance Program, ordinances a true and regulations. complete copy of which has heretofore been or will promptly be delivered by Lessee shall also to Lessor (i) keep all sewer and utility lines servicing Lessee agrees not to modify or otherwise vary or permit the Premisessame to be done to such Maintenance Program unless required by law or unless otherwise agreed to by Lessor, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repairwhich agreement will not be unreasonably withheld); (ii) provide janitorial services for maintain all records, logs and other materials required by the PremisesAeronautics Authority to be maintained with respect to such Equipment; and (iii) keep promptly furnish to Lessor such information as may be required to enable Lessor to file any reports required to be filed by Lessor with any governmental authority because of Lessor's interest in the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary conditionEquipment. Lessee shall enter ensure that its Maintenance Program at all times complies in all material respects with the then latest revision of the Boeing "block type" Maintenance Planning Document and with the then latest revision of the Engine manufacturer's Engine Management Program. All deficiencies outside Manufacturer's limits or the Structural Repair Manual revealed by any inspection of the Equipment by Lessee, Lessor or any of Lessee's maintenance providers shall be promptly corrected by proper cleaning, sealing, repairing, replacement, overhaul, modification and adjustment. Lessee shall ensure that only FAA-approved parts and materials that are new or have FAA 8130 or JAA Form 1 Release Notes are installed or used on the Aircraft. Lessee shall also ensure that: (i) all FAA 8130 or JAA Form 1 Release Notes for life-limited Parts installed in the Aircraft during the Term shall have the Flight Hours/Cycles since new stated thereon, as applicable; (ii) all FAA 8130 or JAA Form 1 Release Notes for hard time components installed in the Aircraft during the Term shall have the Flight Hours/Cycles since overhaul or since last shop visit (and, if applicable, calendar time since overhaul/last shop visit) stated thereon, (iii) all FAA 8130 or JAA Form 1 Release Notes for "on condition/condition monitored" Parts installed in the Aircraft during the Term shall have the Flight Hours/Cycles since last overhaul or last shop visit stated thereon, and (iv) if a modification has been carried out on a hard time Part or an "on condition/condition monitored" Part during an overhaul or shop visit during the Term which has altered the part number for that component, the new part number shall be stated on the FAA 8130 or JAA Form 1 Release Note for such Part. Without limiting any of the foregoing, Lessee will maintain and use, and cause the Equipment to be maintained and used, in the same manner and with the same care as used by Lessee with respect to similar equipment owned or operated by Lessee. Further, Lessee agrees that it will not nor will it permit anyone to discriminate against the Equipment (as compared to other equipment of the same type owned or operated by Lessee) with respect to its use, operation or maintenance in contemplation of the expiration or termination of this Lease Agreement, other than the withdrawal of the Equipment from use and operation as is necessary to prepare the Equipment for return to Lessor upon such expiration or termination. To that end, without limitation, Lessee agrees to incorporate all Manufacturer, Engine manufacturer and other vendor service bulletins that Lessee, within the Term, schedules to incorporate into a contract approved by Lessor other similar aircraft in Lessee's fleet of aircraft. Lessee also agrees that it will not discriminate against the Engines with respect to performance restoration build standards. If the Aircraft, any Engine or any Part is out of revenue service (except for the maintenance active performance of all heatingmaintenance, ventilatingrepair or overhaul procedures), and air conditioning equipment located in the Aircraft, such Engine or serving the Premises. At all times the Premises such Part shall be kept properly and safely stored in accordance with the standards then prevailing in Xxxxx Creek accepted industry and all such maintenance, repair, replacement manufacturer specifications and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, procedures. Lessee shall surrender notify Lessor promptly of all details relating to any loss, damage or destruction to the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of LesseeAircraft, or ordinary wear any part thereof, that affects the airworthiness of the Aircraft, and tear onlyany loss, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease theft, damage or otherwise, on account of any damage as may be caused destruction to the Premises or the Building by the negligence or misconduct of Lessee Aircraft, or any part thereof, exceeding the sum of the Lessee Parties$300,000.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 2 contracts
Samples: Lease Agreement (Hawaiian Airlines Inc/Hi), Lease Agreement (Hawaiian Airlines Inc/Hi)
Maintenance. 7.1 Lessor 1. The Tenant shall ensure the rented premises are kept clean, aired and heated in due form, shall keep them free of all vermin and treat the rented premises as well as all accessory parts, installations and appliances contained therein with care.
2. The Tenant shall notify the Landlord of damages to the rented premises without undue delay upon taking notice of them. The Tenant shall take on all repairs except repairs under Art. 7 sub-section 9 of this Lease.
3. The Tenant shall be liable to the Landlord for any damages to the rental premises, accessory parts, installations and appliances, common installation and areas, buildings as well as any and all installations belonging to the buildings, and shall be obligated to repair them provided the damage was caused by the Tenant, their relatives, employees, visitors, clients or suppliers. Without being requested by the Landlord, the Tenant shall remedy defects and maintain the rented property (permanent obligation of the Tenant).
4. The Tenant especially shall be liable for damages incurred by a negligent handling of water, gas, electric current and power plants as well as the heating installation, within the scope of the legal provisions.
5. If the Tenant does not fulfill their above mentioned obligations in spite of a written reminder within an appropriate period of time, the Landlord shall have the right to have the necessary works done at the Tenant’s expense.
6. The Tenant shall guarantee that firm signs, awnings and any other objects mounted to the rented property are mounted securely and at an adequate height so as to avoid any damage to property and personal injury.
7. Furthermore, the Tenant shall be obligated to maintain or make any repairs or replacements installed objects (e.g. light, intercom, xxxx system), water (e.g. faucets, wash-bowls and sinks, bathroom facilities, sanitary facilities including fittings) and heating and cooking installations (e.g. also heaters, stoves and radiator valves), windows and door locks (e.g. window armatures and shutters) as well as shutter locks. These also shall include repairing smaller damages (up to 100.00 € per individual case) to the Premises during named installations. The costs resulting thereof shall be borne by the Tenant.
8. The Tenant shall be responsible for repairs for interior decoration.
9. The Landlord shall be responsible for maintaining roof and building of the rented property. The works shall be carried out within an appropriate period of time.
10. The Tenant may only set off the rental payment against a counterclaim under this Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and Landlord or may only exercise the Common Area, and Lessee covenants and agrees right to assume all responsibility of repair and maintenance lower or retain the rent if they have given notice thereof to the Landlord at least one month prior to the due date of the Premisesrental payment.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations11. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises The Tenant shall be kept in accordance obligated to comply with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standardsfire prevention regulations.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 2 contracts
Samples: Commercial Lease (Congatec Holding AG), Commercial Lease (Congatec Holding AG)
Maintenance. 7.1 Except for damage arising from the negligence of Lessee or the Lessee Parties, Lessor shall not be obligated to maintain or make any repairs or replacements to the Premises during the Lease Term except for keep the roof, foundation, exterior walls (excludingwalls, however, glass doors), all exterior sewer and exterior utility lines to the Buildingcommon areas, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing of the PremisesBuilding, including, without limitation, including all sewer connections, plumbing, heating, ventilating and air conditioning equipment and heating appliances, wiring wiring, and glass, in good order and repair, shall furnish Lessee all Building standard fluorescent bulb replacement in all areas and all incandescent bulb replacement in the common areas and service areas within the Building. Notwithstanding anything to the contrary contained herein and except as otherwise provided in the preceding sentence, Lessor shall have no obligation to maintain, replace, or repair any other improvements located within the Premises, the maintenance of which is and shall be the responsibility of Lessee.
7.2 Lessor shall have no obligation to make any repairs unless and until Lessee notifies Lessor in writing of the necessity thereof, in which event Lessor shall have reasonable time in which to make such repairs; (ii) however, Lessee may notify Lessor verbally of any minor, routine or day-to-day repairs which need to be made.
7.3 Subject to Lessor's obligation to provide janitorial services for the Premises; and (iii) services, Lessee shall keep the Premises free from all litter, dirt, debris debris, and obstructions and in a clean and sanitary condition. Except as otherwise provided in the first sentence of paragraph 7.1 hereof, Lessee shall enter into a contract approved by Lessor for the maintenance of all heatingmaintain, ventilatingreplace, and air conditioning equipment repair all improvements located in or serving within the Premises, including, but not limited to, finishes, wall coverings, carpets, floor coverings, utility lines, sewer connections, plumbing, wiring and glass, which are or were installed for Lessee. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, by Lessee or ordinary wear and tear excepted only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 2 contracts
Maintenance. 7.1 Lessor Landlord shall not be obligated to maintain or make any repairs or replacements to maintain, in good condition, the Premises during structural parts of the Lease Term except for Premises, which shall include only the rooffoundations, foundation, bearing and exterior walls (excludingexcluding glass), subflooring and roof (excluding skylights), the unexposed electrical, plumbing and sewerage systems, including those portions of the systems lying outside the Premises, gutters and down spouts on the Buildings and any common areas within the Project and the heating, ventilating and air conditioning systems servicing the Premises; provided, however, the cost of all such maintenance shall be considered "Expenses" for purposes of Section 4.c and that Landlord shall be responsible for replacement of exterior glass doors)and skylights, all exterior sewer unless same was damaged due to Tenant's negligence. If Landlord fails to maintain the Premises and exterior utility lines remedy any condition of which Tenant provides Landlord written notice in a timely fashion not to exceed the Buildingcure periods set forth in Exhibit "K," R-14, and Tenant is deprived of use of the Common AreaPremises as a result thereof, the rent shall be abated or adjusted, as the case may be, in proportion to that time during which, and Lessee covenants and agrees to assume all responsibility of repair and maintenance that portion of the Premises.
7.2 Upon commencement Premises of the Lease Termwhich, Lessee Tenant shall accept (excepting Punch List items) the Premises for its intended usebe deprived as a result thereof. Except as provided above, Tenant shall maintain and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain repair the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premisescondition, including, without limitation, maintaining and repairing all sewer connectionswalls, plumbinglights, heatingentrances, ventilating floors, ceilings, interior and air conditioning equipment exterior doors, exterior and appliancesinterior windows and fixtures and interior plumbing as well as any uninsured damage caused by Tenant, wiring its agents, employees or invitees. Tenant shall provide, at its sole cost and glassexpense, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the Upon expiration or other termination of this Lease, Lessee Tenant shall surrender the Premises (and to Landlord in the keys thereto) in as good same condition as when receivedexisted at the commencement of the term, loss except for reasonable wear and tear or damage caused by fire or other casualty not casualty; provided that except as otherwise provided in this Lease, Tenant shall leave the result of any act or omission of Lesseepower panels, or ordinary electrical distributions systems, lighting fixtures, air conditioning, window coverings, carpets, ceilings and plumbing on the Premises and in the same operating condition as received by Tenant, except for reasonable wear and tear only, exceptedor damage caused by fire or other casualty.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 2 contracts
Samples: Lease Agreement (KBS Real Estate Investment Trust II, Inc.), Lease Agreement (KBS Real Estate Investment Trust II, Inc.)
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, cost keep and maintain the Premises and appurtenances and every part thereof (except foundations which Lessor agrees to repair), including windows and skylights, if any, sidewalks adjacent to said Premises, the exterior roof and exterior walls, and any storefront and interior of the Premises in good order good, safe and sanitary order, condition and repair, and in compliance with hereby waiving all applicable governmental codesright to make repairs at the expense of Lessor whether or not such right arises by operation of law or otherwise. In the event it becomes necessary to repair or replace the exterior roof, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all any such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with Lessor's specifications then in effect. Lessor shall have the responsibility to paint the exterior walls of the Premises, at Lessee's sole cost and expense, no more often than every five (5) years from the date of the last such standards.
7.3 At painting. Lessee agrees to promptly reimburse Lessor for all reasonable costs incurred in connection with such painting activity after Lessor shall have given within notice of such costs to Lessee but in no event shall such reimbursement be later than the expiration due date of Lessee's next installment of rent. Except as expressly provided in this Lease, Lessor shall have no duty, obligation or other termination liability whatsoever to care for or maintain the Premises or the building of which the Premises may be a portion, including but not limited to structural or nonstructural portions of the Premises and all adjacent sidewalks, landscaping maintenance, driveways, parking lots, fences and signs located in the areas which are adjacent to and included with the Premises. In the event that by any express provision of this Lease, Lessor agrees to care for, repair or maintain all, or any part of the Premises or the building of which it is a part, such agreement on the part of Lessor shall constitute a covenant only, and no obligation or liability whatsoever shall exist on the part of Lessor to Lessee or any other person by reason thereof unless and until Lessee shall surrender have first served upon Lessor personally a prior thirty (30) day notice in writing specifying with particularity the Premises (and provision of this Lease whereunder said duty on the keys thereto) part of Lessor is claimed to exist, together with the repairs required to be made by Lessor in as good condition as when received, loss the performance of such duty. In the event Lessor fails to make the repairs required to be made by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwiseLease, on account Lessee may (but shall be under no obligation to do so) make said repairs and offset the cost thereof against the next installment of any damage as rent together with interest at the rate set forth in paragraph 34 below, from the date of Lessee's payments. In the event Lessee fails to make the repairs required to be made by Lessee under the terms of this Lease, Lessor may (but shall be caused under no obligation to do so) enter upon the Premises or and make said repairs and charge the Building by the negligence or misconduct of cost thereof to Lessee or any as part of the Lessee Parties.
7.5 As used next installment of rent together with interest at the rate set forth in this Section 7paragraph 34 below, "repair and maintenance" shall include repairs and replacementsfrom the date of Lessor's payments, and Lessee promises and agrees to pay the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgiacost thereof.
Appears in 2 contracts
Samples: Modified Net Industrial Building Lease (Decrane Holdings Co), Modified Net Industrial Building Lease (Decrane Aircraft Holdings Inc)
Maintenance. 7.1 Lessor The Lessee at its sole cost and expense shall not be obligated maintain, service and repair the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or make any repairs materially adversely affect the Leased Property or replacements to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and operation thereof. The Lessee covenants and agrees to assume all responsibility of shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Premises.
7.2 Upon commencement Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease Termshall be terminated pursuant to Section 13, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole costown expense, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenancereasonable promptness, repair, replacement and work performed pursuant to this section restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be performed in accordance with such standards.
7.3 At the expiration or other termination condition required by the provisions of this Lease, Lessee shall surrender Section 8(a) and so that the Premises (value and utility of the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 Leased Property shall be deemed at least equal to relieve Lessee from any liability which Lessee may have the value and utility of the Leased Property immediately prior to Lessor under the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee PartiesLease.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 2 contracts
Samples: Facility Lease (Crown Pacific Partners L P), Facility Lease (Crown Pacific Partners L P)
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements (a) Subject to the Premises during the Lease Term except for the roofprovisions of Section 18, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee Tenant shall, at its Tenant's sole costcost and expense, risk, expense and liabilityduring the entire Term, keep and maintain in good order, condition and repair the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premisesevery part thereof, including, without limitationbut not limited to, all sewer connections, plumbing, sewage, fixtures, interior walls, storefront(s), all electrical facilities and equipment, lighting fixtures, lampxxx, xxns and electrical motors, all other appliances and equipment of every kind and nature, sprinkler equipment (if any), and any other mechanical systems in the Premises. Tenant's obligations shall include, but shall not be limited to, the obligation to replace when necessary any of the items required to be maintained by Tenant at its sole cost and expense. Such replacement items shall be of comparable quality to those that they are replacing. If Tenant fails to perform Tenant's obligations under this Section 11, Landlord may, at Landlord's option enter upon the Premises and put the same in good order, condition and repair and make such replacements as may be necessary, and the cost thereof shall become due and payable as additional rent by Tenant to Landlord upon demand, but nothing in this sentence contained shall be deemed to impose a duty upon Landlord or affect in any manner the obligations placed upon Tenant by this Section 11. Any such entry by Landlord shall not be deemed to be an eviction of Tenant.
(b) Tenant shall provide for (at Tenant's cost and expense as hereinafter set forth) the maintenance, repair and replacement of the heating, ventilating and air conditioning equipment and appliances, wiring and glass, (HVAC) in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee (c) Tenant shall surrender the Premises furnish (at Tenant's costs and expense as hereinafter set forth) trash and garbage receptacles and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result removal of any act or omission of Lessee, or ordinary wear trash and tear only, exceptedgarbage from said receptacles.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 2 contracts
Samples: Lease Agreement (Dominion Homes Inc), Lease Agreement (Dominion Homes Inc)
Maintenance. 7.1 Lessor shall 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”), if not be obligated already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or make delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any repairs maintenance servicing or replacements repair works to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines Installations which may be required from time to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept time in accordance with the standards appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then prevailing the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in Xxxxx Creek writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair, replacement repair and work performed pursuant to this section shall be performed in accordance with such standardsrenewal is not actually carried out under the Maintenance Contracts.
7.3 At 4.10.6 To ensure that:-
(i) the expiration Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other termination regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this LeaseAgreement with a valid Gas Safety Certificate, Lessee shall surrender valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Premises Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the keys theretosaid certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in as good condition as when received, loss by fire the appropriate form on or other casualty not before the result start of the Term.
4.10.7 To observe and perform the covenants and conditions of any act or omission of Lessee, or ordinary wear head Agreement (if any) and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed where not obliged to relieve Lessee from any liability which Lessee may have to Lessor do so under the terms of this Lease any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and xxxxxx) forming part of the Building, if it is the Landlord’s responsibility to do so or otherwise, on account if not to procure that the owner of any damage as may be caused to the Premises freehold of the Property or the Building by management company or the negligence superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all xxxxxx and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or misconduct of Lessee or replace any of the Lessee Parties.
7.5 As used in this Section 7Furniture or furnishings which have become unusable due to fair wear and tear, "repair and maintenance" shall include repairs and replacements, and defect or bad workmanship at any time during the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.Term
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements Subject to the Premises during the Lease Term except for the roofprovisions of this Paragraph 7.1, foundation, exterior walls Paragraph 7.2 (excluding, however, glass doorsLandlord’s Obligations), all exterior sewer Paragraph 9 (Damage or Destruction) and exterior utility lines to the BuildingParagraph 14 (Condemnation), and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee Tenant shall, at its Tenant’s sole cost, risk, cost and expense and liabilityat all times, keep and maintain the Premises and every part thereof in good order order, condition and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitationlimiting the generality of the foregoing, all sewer connectionsequipment or facilities exclusively serving the Premises, plumbingsuch as, heating, ventilating and air conditioning equipment and appliancessystem exclusively serving the Premises (“HVAC System”), wiring and plumbing, electrical, lighting facilities, boilers, fired or unfired pressure vessel, fire hose connectors if within the Premises, fixtures, interior walls, interior surfaces of exterior walls, ceilings, floors, windows, doors, plate glass, in good order and repair; (ii) provide janitorial services for skylights, but excluding any items which are the Premises; and (iii) responsibility of Landlord pursuant to Paragraph 7.2 below. Tenant’s obligations shall include restorations, replacements or renewals when necessary to keep the Premises free from and all litterimprovements thereon or a part thereof in good order, dirt, debris condition and obstructions and in a clean and sanitary conditionstate of repair. Lessee Tenant shall enter into a contract approved by Lessor also be responsible for the maintenance cleaning and sweeping of and all heating, ventilating, other janitorial services relating to the Premises and air conditioning equipment located in or serving for the removal of any trash which originates from the Premises. At all times Tenant shall be responsible for disposal of its trash from the Premises and will maintain adequate receptacles for such disposal, the design, placement and capacity of such receptacles to be subject to the prior approval of Landlord, which approval shall not be kept in accordance with the standards then prevailing in Xxxxx Creek unreasonably withheld. Outdoor storage of trash or any other material and all such maintenancereceptacles or containers not approved by Landlord is strictly prohibited. At its sole cost and expense, repair, replacement Tenant shall provide interior pest and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender insect extermination at the Premises (and as often as is reasonably necessary to eliminate any pests or insects, whether endemic to the keys thereto) in as good condition as when received, loss by fire Building or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused specific to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee PartiesTenant’s use thereof.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 2 contracts
Samples: Industrial Multi Tenant Lease (Extend Health Inc), Industrial Multi Tenant Lease (Extend Health Inc)
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements Pursuant to the Premises during provisions of the Lease Term except Master Sublease, Sublandlord is responsible for the roofcertain maintenance, foundation, exterior walls (excluding, however, glass doors), all exterior sewer repair and exterior utility lines restoration obligations with respect to the Building, as described in Sections 8.B and 6.B of the Master Lease (said Sections 8.B and 6.B being incorporated by reference into the terms of the Master Sublease). Sublandlord shall continue to perform the maintenance and other obligations described in Sections 8.B and 6.B of the Master Lease, except that Subtenant shall be responsible for performing janitorial services in the Subleased Premises and maintaining interior wall surfaces, floor tiles and floor coverings in a neat and clean condition. If Sublandlord fails to perform such maintenance obligations with respect to the Building, Subtenant may deliver notice to Sublandlord of such failure, specifying in reasonable detail the failure in question and if such failure is not cured within thirty (30) days after the date of delivery of such notice (provided, however, that the initial thirty (30) day period shall be a five (5) day period in the event of an “Emergency”, as that term is defined, below); unless Sublandlord in good faith delivers a notice to Subtenant disputing Subtenant’s claim of failure, Subtenant may perform such maintenance obligations, and the Common Areareasonable cost of such performance which shall promptly be reimbursed by Sublandlord following delivery by Subtenant of the paid invoices reflecting the costs incurred by Subtenant; provided that Subtenant will be solely responsible for any damage caused by Subtenant in the performance of any such work. If Subtenant takes such action, Subtenant shall use only those contractors used by Sublandlord in the Building for work unless such contractors are unwilling or unable to perform, or timely perform, such work, in which event Subtenant may utilize the services of any other qualified contractor which normally and regularly performs similar work in comparable buildings. Promptly following completion of any work taken by Subtenant pursuant to this Section 5.4, Subtenant shall deliver a detailed invoice of the work completed, the materials used and the costs relating thereto. Additionally, if and to the extent that any such failure on the part of Sublandlord to perform a maintenance obligation required of Sublandlord pursuant to this Section 5.4 prevents Subtenant from using all or any material portion of the Subleased Premises for Subtenant’s business operations, and Lessee covenants provided that Subtenant’s notice to Sublandlord of such failure clearly states that Subtenant is being prevented from using and agrees to assume all responsibility of repair and maintenance is actually not using, a material portion of the Subleased Premises.
7.2 Upon commencement , Subtenant shall be afforded an abatement of Base Rent (equitably prorated to reflect that portion of the Lease TermSubleased Premises which Subtenant is so prohibited from using and actually does not use) from and after the date of delivery of such notice until such time as Sublandlord performs the obligation in question in a manner which allows Subtenant to once again occupy and use the Subleased Premises (or affected portion thereof). The cost of Sublandlord’s performance of all such maintenance work will be included in Operating Costs described in Section 3.2 above. For purposes of this Section 5.4, Lessee an “Emergency” shall accept (excepting Punch List items) mean an event threatening immediate and material danger to people located in the Premises for its intended useBuilding or immediate, material damage to the Building, the Building’s systems, the Building’s structure, or creates a reasonable possibility of an immediate and Lessee shallmaterial interference with, or immediate and material interruption of a material aspect of Subtenant’s business operations. Notwithstanding the foregoing to the contrary, if Subtenant elects to install a server room servicing the Subleased Premises, at its sole costSublandlord’s option, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee Subtenant shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor be solely responsible for the maintenance and upkeep of all heating, ventilatingequipment and infrastructure serving such server room at Subtenant’s sole cost and expense, and air conditioning equipment located in or serving the Premises. At all times the Premises Sublandlord shall be kept in accordance with the standards then prevailing in Xxxxx Creek have no responsibility therefore, as between Sublandlord and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standardsSubtenant.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 2 contracts
Samples: Sub Sublease (Ocz Technology Group Inc), Sub Sublease (Ocz Technology Group Inc)
Maintenance. 7.1 Lessor Tenant's obligation for maintenance shall include: - the roof, outside walls, and other structural parts of the building - the parking lot, driveways. and sidewalks including snow and ice removal - the sewer, water pipes, and other matters related to plumbing - the electrical wiring - the air conditioning system - the heating system - all other items of maintenance not specifically delegated to Landlord under this Lease. ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent (which shall not be obligated unreasonably withheld). Landlord shall have the right to maintain enter the Premises to make inspections, provide necessary services. or make show the unit to prospective buyers, mortgagees, tenants or workers. As provided by law, in the case of an emergency, Landlord may enter the Premises without Tenant's consent. UTILITIES AND SERVICE& Tenant shall be responsible for the following utilities and services in connection with the Premises: - electricity - water and sewer - gas - heating - garbage and trash disposal - janitorial services - telephone service - any repairs other services and/ or replacements utilities required for the conduct of Tenant's business Tenant acknowledges that Landlord has fully explained to Tenant the utility rates, charges and services for which Tenant will be required to pay (if any), other than those to be paid directly to the utility company furnishing the service. PROPERTY INSURANCE. Tenant shall maintain casualty insurance on the Premises during in an amount equal to 100.00% of the Lease Term except full replacement value. Landlord shall be named as an insured in such policies. Tenant shall deliver appropriate evidence to Landlord as proof that adequate insurance is in force~ Landlord shall have the right to require that the Landlord receive notice of any termination of such insurance policies. Tenant shall also maintain any other Insurance which Landlord may reasonably require for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility protection of repair and maintenance of Landlord's interest in the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 2 contracts
Samples: Real Estate Lease (Ideal Accents Inc), Real Estate Lease (Ideal Accents Inc)
Maintenance. 7.1 Lessor Landlord shall not be obligated called upon and shall have no obligation to make any repairs, improvements or alterations whatsoever to the Premises except that during the term of this Lease, Landlord shall maintain the exterior walls (but not storefronts, glass, plate glass, doors or painting) in good structural repair, and shall keep the roof of the building watertight; provided, however, that Landlord shall not be required to make any repairs or replacements to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance roof or any part of the Premises.
7.2 Upon commencement Premises until written notice of the Lease Termneed for such repairs is given to Landlord by Tenant. It is further provided that Landlord shall not be liable for or required to make any repairs, Lessee shall accept (excepting Punch List items) or perform any maintenance, to or upon the Premises for which are required by, related to or which arise out of negligence, fault, misfeasance or malfeasance of and by Tenant, its intended useemployees, agent, invitees, licensees or customers, in which event Tenant shall be solely responsible therefor; and Lessee shallif such repairs are undertaken by Landlord, it shall be solely at its sole costthe expense of Tenant and Tenant shall pay said amounts within 30 days of receipt of billing therefor, riskor in the alternative shall be considered in default under the terms of this Lease. Tenant shall repair, expense and liabilityservice, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing interior of the Premises, including, without limitation, including all sewer connections, plumbing, heatingwiring, ventilating piping, sprinkler system, and air conditioning fixtures, doors, equipment and appliancesappurtenances, wiring and glassas well as the exterior storefront, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions substantial repair and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for condition of first class appearance during the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms entire term of this Lease or otherwise, on account of any damage and shall replace all glass in the windows and doors broken during the Lease term. Tenant agrees to make repairs promptly as they may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Partiesneeded at Tenant's expense.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Maintenance. 7.1 Lessor shall not be obligated (a) As used herein, the term “Maintenance” refers to work that is reasonably necessary to maintain or make any repairs or replacements Xxxxxxx Shores Lane and the Easement Corridor in a safe and passable condition for reasonably foreseeable uses by pedestrians and vehicles, subject to the Premises during provisions of Subsection 6(d) and Section 7 below. Within the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance parameters of the Premises.
7.2 Upon commencement of the Lease Termforegoing definition, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, includingMaintenance may include, without limitation, all sewer connectionsconstruction or installation of new improvements, plumbing, heating, ventilating maintenance and/or repairs of existing improvements and/or general maintenance of and/or improvements to the land comprising the Easement Corridor.
(b) All Maintenance and air conditioning equipment other work shall be performed and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and completed in a clean good and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, workmanlike manner and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept as expeditiously as possible in accordance with the standards then prevailing in Xxxxx Creek good construction practice, taking all reasonable measures to prevent injury to person or damage to property. All Maintenance and all such maintenance, repair, replacement and other work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At a manner that minimizes, to the expiration extent possible, the disruption of the use of Xxxxxxx Shores Lane and/or the Improvements in the Easement Corridor for the purposes described herein. All Maintenance and other work shall include the restoration of surrounding areas disturbed or other termination of this Leaseaffected by the maintenance, Lessee shall surrender the Premises (including grading and seeding and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result removal and proper disposal of any act or omission of Lessee, or ordinary wear unused materials and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any displaced trees and brush. The private driveways of the Lessee Parties.
7.5 As used in Owners are not covered by this Section 7, "repair agreement and maintenance" shall include repairs and replacements, and the standard shall be the goodsole responsibility of each Owner.
(c) The costs of any Maintenance shall be shared by the Owners of Tracts 1-8 as provided herein. The Owner(s) of each of the Tracts 1-8 shall be responsible for a share of the costs of any Maintenance equal to the total amount of such costs multiplied by the total number of the tracts owned by such Owner at the time the work is performed and divided by 8. Notwithstanding the foregoing, clean and safe condition if an Owner or such Owner's agent, contractor or invitee negligently or intentionally damages the Improvements, then such Owner shall be required to repair such damage at his or her sole cost.
(d) Notwithstanding the foregoing provisions, the Owners of a first class business park building majority of Tracts 1-8 may agree in north suburban Atlantawriting that any particular work or proposed work does or does not constitute Maintenance and any such agreement shall be conclusive and binding on all parties (subject to the provisions of Section 7 below). In the absence of such an agreement, Georgiathe buyer(s)/owner(s) of any one or more of Tracts 1-8 may proceed with work at their own risk and expense, and may request the other Owners of Tracts 1-8 to contribute to the cost of work upon a proper showing that the work is or was reasonably necessary to maintain the Easement Corridor in a safe and passable condition for reasonably foreseeable uses by pedestrians and vehicles.
Appears in 1 contract
Samples: Private Road Access Easement and Shared Road Maintenance Agreement
Maintenance. 7.1 Lessor A. Subject to Section 8.B below, Tenant shall not be obligated to maintain or make any repairs or replacements to keep the Demised Premises during and the Lease Term except for the rooffixtures and equipment therein in clean, foundationsafe and good operating condition, exterior walls (excluding, however, glass doors), all exterior sewer ordinary wear and exterior utility lines to the Buildingtear excepted, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole costcost and expense, riskpromptly make all repairs and perform all maintenance, expense in and liability, to the Demised Premises that are necessary to keep and maintain the Demised Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions repair and in a clean safe and sanitary rentable condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear onlyexcepted, excepted.
7.4 Nothing in this Section 7 but Tenant shall not be deemed to relieve Lessee from any liability which Lessee may have to Lessor responsible for maintenance items expressly assumed by Landlord under the terms of this Lease or otherwisemaintaining the Demised Premises in a manner that is inconsistent with Tenant’s maintenance standards for the Demised Premises prior to the Effective Date. In no event shall Landlord or Tenant have any obligation to make any changes, on account upgrades or other improvements to the Demised Premises in order to comply with any present or future laws, ordinances, regulations or orders of any damage governmental authorities having jurisdiction over the Demised Premises, subject to Section 18 of this Lease. In the event Tenant fails to maintain the Demised Premises in good order, condition and repair, ordinary wear and tear excepted, Landlord may (but shall not be obligated to) give Tenant notice to do such acts as may are reasonably required to so maintain the Demised Premises. In the event that after such notice Tenant shall fail to promptly commence such work and diligently prosecute it to completion, then Landlord shall have the right to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so reasonably expended by Landlord shall be paid by Tenant, as Additional Rent, promptly after demand with interest at the Default Interest Rate defined in Section 24 of this Lease. Landlord shall have no liability to Tenant for any damage, inconvenience, or interference with respect to Tenant’s use of the Demised Premises as a result of performing any such work, unless caused to the Premises or the Building by the negligence or willful misconduct of Lessee Landlord, its employees, agents or contractors. Maintenance and repair of special tenant areas, facilities, kitchen/galley/coffee equipment, air-conditioning equipment servicing the Demised Premises only and all other furniture, finishes and equipment of Tenant and any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard Alterations (hereinafter defined) made by Tenant shall be the goodsole responsibility of Tenant. In the event that Tenant requests that Landlord and/or its agents perform such work and Landlord agrees to do so, clean Tenant shall reimburse Landlord promptly for the actual cost of the same.
B. Landlord shall repair and safe maintain (and replace as necessary, subject to the terms of this Lease) the following in good order, condition and repair in a manner that is comparable to the Building’s current condition: (a) the base Building systems serving the Demised Premises; (b) the common areas of a first class business park building in north suburban Atlantathe Building (including but not limited to the parking garage); (c) the foundations, Georgiaand (d) exterior walls and roof of the Building. In addition, Landlord shall comply with the operational and maintenance standards and services set forth on Exhibit B attached hereto.
Appears in 1 contract
Samples: Lease Agreement (Intelsat S.A.)
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements to the Premises during the Lease Term except for the roofWithout limiting Tenant’s maintenance obligations set forth elsewhere in this Lease, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shallTenant, at its sole costcost and expense, risk, expense and liability, keep and shall maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing of the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glassexcepting the Public Improvements, in good order and repair; (ii) provide janitorial services for repair and in a clean, usable, orderly, attractive, safe and sanitary condition at all times and in compliance with the Premises; Legal Requirements. Tenant shall make all necessary repairs and (iii) replacements to keep the Premises free from in good condition and repair and to keep the Tennis Facility as a state of the art facility. Any unsightly or hazardous waste, trash or equipment on the Premises is strictly prohibited. All refuse generated by the operation of the Tennis Facility and any other Improvements, excepting the Public Improvements, shall be disposed of in accordance with all litter, dirt, debris Legal Requirements in an expeditious and obstructions and in a clean and sanitary conditionmanner. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times All refuse retained on the Premises shall be confined within secured sanitary confines, out of public view and maintained in such manner as to prevent noxious or unpleasant odors, and the Public Restrooms shall be kept clean and in good working order, adequately stocked with soap and all necessary paper products. Tenant shall be responsible for clearing and removing snow and ice from the parking lots on the Premises and from the sidewalks on the Premises. The County shall maintain the Access Road and subject to budget appropriations, shall maintain the remainder of the Park, excluding the Premises, to at least the County’s then current standards and shall invoice the Tenant for fifty percent (50%) of the costs incurred to maintain the Access Road. Tenant shall pay all related invoices submitted by the County to Tenant for such costs within thirty (30) days from the date of the invoice, and all such invoiced costs shall be deemed to be Additional Rent due under this Lease. Notwithstanding anything to the contrary contained herein, if the County is delayed in plowing or repairing the Access Road because of an Unavoidable Delay, as defined below, then Tenant shall have the right to plow and/or repair the Access Road in order to ensure continued pedestrian and vehicular access to the Premises and to otherwise maintain the safety and security of Tenant’s members, guests and invitees. In the event that Tenant exercises its rights of repair of the Access Road pursuant to this Section 5.9, Tenant may offset the actual reasonable costs it incurs for the repair from the fifty percent (50%) share of the costs that Tenant owes to the County for costs incurred by the County to maintain the Access Road. All of Tenant’s exterior maintenance shall be in accordance with the standards County’s then prevailing in Xxxxx Creek and all such maintenancecurrent standards. Tenant may propose a general landscaping plan for approval by the County, repairwhich approval shall not be unreasonably withheld, replacement and work performed pursuant to this section shall be performed in accordance conditioned or delayed. Tenant’s compliance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 general landscaping plan shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms satisfaction of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee PartiesTenant’s day-to- day landscaping obligations.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Ground Lease Agreement
Maintenance. 7.1 Lessor shall maintain the foundation, outer walls, and roof of the Building in good condition and repair, except that Landlord shall not be obligated required to maintain or make any repairs occasioned by the negligent act or omission of Lessee or Lessee's agents or employees. Lessee shall make all repairs and replacements to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Buildingnot expressly assumed by Lessor under this Lease, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing portions of the Premises, including, without limitation, the interior of the Premises and the wiring and plumbing systems and conduits, exterior doors, windows and window frames, in good order, condition, and repair during the entire term of this Lease, and shall also keep the Premises in a clean, sanitary, and safe condition in accordance with Law and in accordance with all sewer connectionsdirectives, plumbingrules, and regulations of governmental agencies having jurisdiction over the Premises or Lessee's use thereof. Notwithstanding anything contained herein to the contrary, Lessee shall, at its sole cost and expense, maintain and keep the heating, ventilating and air conditioning systems, apparatus and equipment and appliances, wiring and glass, (the "HVAC Systems") in good order condition and repair; repair during the entire term of this Lease. Within thirty (ii30) provide janitorial services for days of the date Lessee takes possession of the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor maintenance contract, requiring at least bimonthly service with a reputable and licensed full service HVAC maintenance firm, for the routine maintenance and servicing of all heatingthe HVAC Systems. Lessee shall furnish Lessor with a copy of the then current maintenance contract. Lessor shall have the specific right to annually inspect, ventilatingor have inspected, the HVAC equipment, and air conditioning if in Lessor's reasonable judgment such equipment located in or serving is not being properly maintained, Lessor shall have the Premises. At all times right to give notice to Lessee of such, and Lessor may, at the Premises shall be kept in accordance with expense of the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, exceptedundertake to make such repairs as are necessary to put the HVAC equipment in good condition.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Lease Agreement (Neogen Corp)
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements to During the Premises during the Lease Term except for the roofterm of this lease, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shallLessee, at its sole costown cost and expense, risk, expense and liability, shall keep and maintain the Leased Premises and all buildings and improvements thereon, in good order order, condition and repair, hereby waiving all rights to make repairs at the expense of Lessor, and shall not cause any nuisance or cause or permit any waste or allow any trash to accumulate on the Leased Premises. Further, Lessee agrees to make any and all necessary replacements to air-conditioning, cooling, heating, plumbing, lighting, and other equipment on the Leased Premises and to any other part of the Leased Premises in compliance with all applicable governmental codes, ordinances and regulationsthe event said replacements are necessary. Lessee shall also (i) keep all sewer have the right at its sole cost and utility lines servicing expense at any time and from time to time, to make such alterations and improvements to the Premisesbuilding on the Leased Premises which do not adversely affect the value thereof as Lessee sees fit, includingprovided, however, that no structural alterations shall be made without limitationfirst obtaining the written consent and approval of the Lessor as to the proposed plans and specifications, all sewer connections, plumbing, heating, ventilating which consent and air conditioning equipment approval Lessor agrees will not be unreasonably withheld and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions further provided that any alterations or improvements shall be done expeditiously and in a clean good and sanitary conditionworkmanlike manner. Lessee agrees to provide Lessor with a performance bond or other security satisfactory to Lessor to insure the fact that there will be no mechanic's liens or materialmen's liens or any other liens against the premises caused by Lessee's alterations or other improvements and to indemnify and hold harmless Lessor from and against any such liens. In the event that Lessee does not make the necessary repairs, replacements, or maintenance as herein provided, Lessor, after giving Lessee thirty (30) days' written notice, shall enter into a contract approved by Lessor for have the maintenance of all heating, ventilating, and air conditioning equipment located in or serving right to do the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek same and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At amounts so expended by the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 Lessor shall be deemed additional rental, to relieve Lessee from any liability which Lessee may be due and owing at the time the next rental payment is due following the date that such repairs, replacements, or maintenance have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building been done by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7Lessor. Any and all alterations, "repair and maintenance" shall include repairs and repairs, replacements, and additions that are made by either party shall immediately become the standard shall be property of the good, clean and safe condition of a first class business park building in north suburban Atlanta, GeorgiaLessor.
Appears in 1 contract
Samples: Net Lease (United Auto Group Inc)
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements Subject to the Premises during Mortgagor's rights of alteration pursuant to Section 3 hereof, the Mortgagor will maintain and operate the Sands and the hotel that is the subject of the Madison House Lease Term except for at a quality level at least as high as that existing on the roof, foundation, exterior walls date hereof and keep the Mortgaged Property in good condition and repair (excluding, however, glass doorssubject to ordinary wear and tear), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance will not commit or suffer any waste of the Premises.
7.2 Upon commencement of the Lease TermMortgaged Property and will comply with, Lessee shall accept (excepting Punch List items) the Premises for its intended useor cause to be complied with, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codesstatutes, ordinances and regulationsrequirements of any Governmental Authority to which the Mortgaged Property are subject and which failure to comply therewith would have a materially adverse effect on the Mortgaged Property. Lessee Notwithstanding the foregoing, the Mortgagor shall also have the right to contest the application of any such statute, ordinance or requirement of a Governmental Authority; provided that, if such statute or ordinance or requirement of a Governmental Authority imposes an immediate fine or monetary Imposition in an amount in excess of $2,000,000 upon the Mortgaged Premises for the failure to comply with such ordinance or requirement, the Mortgagor shall either pay such fine or monetary imposition and file an action for recovery thereof or deposit with Mortgagee, in the manner described in Section 5.4.2 hereof, an amount reasonably determined by the Mortgagee to be sufficient to protect the Mortgagee's interest (i) keep all sewer on its own behalf and utility lines servicing on behalf of the PremisesHolders). Subject to the provisions of Section 9.3 hereof, includingthe Mortgagor will promptly repair, restore, replace or rebuild any part of the Mortgaged Premises now or hereafter subject to the Lien of this Mortgage which may be damaged or destroyed by any casualty whatsoever, free from Liens and encumbrances, except the Lien of this Mortgage and the other Security Documents and the encumbrances permitted by Section 1014 of the Indenture, without limitationregard to the adequacy of any insurance proceeds, provided that the insurance proceeds are made available to the Mortgagor pursuant to Section 9 of this Mortgage. The Mortgagor will do all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor other things reasonably required for the maintenance and continuance of all heating, ventilating, and air conditioning equipment located such services in or serving respect of Impositions to the Premises. At all times extent required to fulfill the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing obligations set forth in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties8.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Mortgage, Fixture Filing and Security Agreement (Atlantic Coast Entertainment Holdings Inc)
Maintenance. 7.1 (a) The following facilities (but not limited to) shall be provided by the Lessor as part of the Maintenance of the Building for which the sum defined in Section 6 (of the Lease Deed) as Maintenance Rent shall be charged to the Lessee
(i) Twenty-Four hour Security Guards at all entry and exit points from the Campus. These security Guards shall perform routine checks for all inward and outward movement of men, material and machinery. The Lessee shall provide for Security at its expense at all entry and exit points of the Office Space.
(ii) Housekeeping shall be carried out and limited to common areas (Lobbies, Fire Escape Stairs, Internal Staircases, Parking, Roads, Pathways, Courtyard, fountains & landscape gardens). The Lessee shall carry out housekeeping inside the Office Space.
(iii) General Pest and rodent Control measures shall be carried out in the common areas and around the Buildings. Lessee shall arrange for carrying out General Pest and rodent control activities inside the Office Space.
(iv) Civil Maintenance of the structures, roads and pathways shall be carried out from time to time or as and, when required to maintain them for regular use. Such maintenance shall normally include waterproofing, painting, plastering, flooring, plumbing etc. The Lessor shall not be obligated responsible for any damages caused to maintain or make any repairs or replacements to structure by the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulationsLessee. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises Such damages shall be kept in accordance with rectified at the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission cost of Lessee, or ordinary wear and tear only, exceptedto be included as Reimbursements.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under (v) Maintenance of all the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building Equipment provided by the negligence or misconduct Lessor as part of Lessee or any facilities and amenities in the Rent. This includes preventive maintenance, routine maintenance, annual maintenance, spares etc. The Lessor will ensure minimum breakdown of the Lessee Partiesequipment and restore the services at the earliest.
7.5 As used (vi) Regular maintenance in this Section 7respect of electrical installations provided by the Lessor as part of facilities and amenities in the Rent. The work generally includes replacement of electrical consumables, "repair replacement of light fittings and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgiaconsumables etc. The Lessee is responsible for his demised premises.
Appears in 1 contract
Maintenance. 7.1 Lessor Tenants shall not be obligated to maintain or make any repairs or replacements to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repaira neat, clean, and orderly manner; use and maintain them in compliance accordance with applicable police, sanitary, and all other regulations imposed by governmental authorities; observe all reasonable regulations and requirements of underwriters concerning use and condition of the Premises tending to reduce fire hazard and insurance rates; and immediately inform Landlord when there is a need for Landlord to perform repairs or maintenance. Tenant must notify Landlord IMMEDIATELY, BY PHONE at (000) 000-0000 of any gas leaks, electrical problems, water damage, broken appliances, or serious structural damage. Tenants shall not cause or permit any waste or misuse of any utility fixtures or of any portion of the Premises. Tenants shall reimburse Landlord for all damages caused by such waste or misuse; for all permit, inspection, and certification costs Landlord incurs because of Tenants’ noncompliance with this lease or applicable governmental codeslaws; and for all damages resulting from Tenants’ not timely reporting the need for repair or maintenance. Landlord may invoice Tenants for the cost of any repairs/replacements (other than normal wear and tear) during the Term of this Lease. The amount of such invoices is deemed unpaid rent and shall be due with the rental Installment for the month following the month in which the invoice is sent. Tenants shall pay and be liable to Landlord and/or Landlord’s insurer (in contract and/or tort) for the repair of all damage to, ordinances and/or replacement of, the Premises and regulationsstructure of which they are a part, including fire and flood damage, in any way caused or made necessary by Tenants, their guests, invitees, licensees, or agents. Lessee Nothing in this clause waives or lessens Landlord’s obligation to maintain and repair the Premises under Michigan law, but Landlord is not so liable when it has not been informed of the need to repair. Landlord’s reasonable exercise of any right or obligation hereunder never shall also (i) keep all sewer be deemed an eviction of Tenants or interference with their use and utility lines servicing possession of the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, Landlord shall have no liability to Tenants because of Landlord’s actions in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standardsreasonably fulfilling its obligations hereunder.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Residential Lease Agreement
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee Tenant shall, at its sole cost, risk, expense and liabilityTenant's expense, keep and maintain the Wireless Facilities in commercially reasonable condition and repair during the term of the SLA, reasonable wear and tear and damage from elements excepted, and, upon termination, shall remove the Wireless Facilities and repair any damage caused by such removal. Landlord retains the right to inspect the property and Wireless Facilities of Tenant upon giving reasonable notice to Tenant during the term of the SLA and to enter the Premises (accompanied, at Tenant's option, by a representative of Tenant) for the purposes of such inspection. In the event that Landlord determines in good faith that Tenant has not maintained Tenant's property and the Wireless Facilities in good order and repair according to industry standards, including applicable Law, Landlord shall so notify Tenant in writing, specifying the maintenance and repairs required to be performed by Tenant. In the event that within thirty (30) days following such written notice Tenant shall not have performed such maintenance and repairs, Landlord may, at its sole option, make such repairs as it deems reasonably necessary and any actual, reasonable, out-of-pocket amounts expended by Landlord therefor shall be reimbursed to Landlord by Tenant within thirty (30) days of Landlord's demand therefor. Landlord shall not be liable for inconvenience, disturbance, loss of business or other damage to Tenant by reason of repairing the property and Wireless Facilities of Tenant which Tenant has failed to properly maintain. Landlord shall maintain and repair its Improvements on the Site, in commercially reasonable condition and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary reasonable wear and tear only, and damage from the elements excepted.
7.4 Nothing in this Section 7 . No work shall be deemed done by Landlord (or any third party under Landlord's control) that could reasonably be expected to relieve Lessee adversely impact the Wireless Facilities without prior verbal notification to Tenant, which notification shall be given sufficiently in advance of such work for Tenant to take all reasonable steps to protect its Wireless Facilities from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Partiessuch adverse impact.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Master Lease Agreement (Dobson Communications Corp)
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List itemsa) the Premises for its intended use, and Lessee shall, at its sole costexpense, risk, expense and liability, keep and maintain the Premises each Vehicle in good operating order and repair, condition and appearance, normal wear and tear excepted. Lessee shall also maintain the Vehicles in accordance with manufacturers' recommendations. Lessee shall make all alterations or modifications required to comply with any applicable law, rule or regulation during the Term of this Agreement. Upon Lessor's request, Lessee shall affix plates, tags or other identifying labels showing ownership thereof by Lessor and maintain each in good manner and appearance. The tags or labels shall be placed in a prominent position on each Vehicle., as mutually agreed between the parties.
(b) Lessee will be solely responsible for ensuring that each Vehicle is in compliance with all applicable governmental codesApplicable Laws. Any alterations or modifications to the Vehicles that may, ordinances and regulationsat any time during the Term of this Agreement, be required to comply with any Applicable Law shall be made at the expense of Lessee. Lessee shall also perform and pay for all required safety inspections and shall maintain proper documentation evidencing said inspections.
(c) Lessee shall not attach or install anything on any Vehicle that shall impair the originally intended function or use of such Vehicles without the prior consent of Lessor. All additions, parts, supplies, accessories, and equipment ("Additions") furnished or attached to any Vehicles that are not readily removable shall become the property of Lessor. All Additions shall be made only in compliance with Applicable Laws. Lessor hereby consents to the attachment of trailer tracking devices to the vehicles, and acknowledges and agrees that such devices are readily removable and shall remain the property of the Lessee.
(d) Lessee shall inspect, lubricate, and provide maintenance for normal wear and tear as reasonably required to maintain each Vehicle in good repair, mechanical condition, and running order.
(e) Lessee shall replace tires and brakes on each Vehicle in accordance with Federal and state vehicle safety regulations.
(f) Lessee shall provide and maintain proper axle lubricant levels, tire inflation and repair, brake operation and lighting, including bulbs and lens replacement.
(g) Lessee shall maintain each Vehicle in the same condition as on the Lease Commencement Date, excepting normal wear and tear, making all necessary repairs and replacements in compliance with Lessee manufacturer's standard operating practices relating thereto, using only new parts.
(h) Lessee shall not make any structural repairs, including without limitation rail welds, without Lessor's prior written consent. At Lessee's request, Lessor may, but shall not be required to, from time to time, provide maintenance and repair services for which Lessee is responsible under this Agreement, Lessee shall pay for such services in accordance with this Agreement.
(i) keep all sewer Lessee shall permit Lessor, upon 30 days written notice to Lessee, to visit the location where the Vehicles are stored so that Lessor may inspect the Equipment. So long as no Event of Default shall exist and utility lines servicing be continuing under this Lease, Lessor's right to inspect shall be limited to one time per calendar year and shall not unreasonably conflict or interfere with the Premisesday to day business of the Lessee. If, includingupon such inspection, without limitationLessor reasonably determines that any Vehicle has not been maintained in a manner consistent with the maintenance standards set forth herein, all sewer connectionsLessor may require (at the election of Lessee) either (i) that Lessee diligently and promptly repair such Vehicle, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; or (ii) provide janitorial services that Lessee purchase such Vehicle for the Premises; greater of the then Stipulated Loss Value or the Fair Market Value (as such terms are hereinafter defined) of such Vehicle. Upon payment of such sum, the Term of this Agreement as to such Vehicle shall terminate and (iii) keep Lessor shall deliver to Lessee a bill of sale transferring and xxxigning to Lessee all of Lessor's right, title and interest in and to the Premises free applicable Vehicles. Any transfer of the Vehicles from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessor to Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section Agreement shall be performed in accordance with such standards"AS IS, WHERE IS" AND WITHOUT ANY REPRESENTATION OR WARRANTY AS TO ITS CONDITION OR ANY OTHER MATTER WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE, EXCEPT THAT LESSOR'S RIGHT, TITLE AND INTEREST IS CONVEYED FREE OF ANY LIENS ARISING FROM, BY OR THROUGH LESSOR OR ITS ACTS OR OMISSIONS.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Maintenance. 7.1 Lessor shall not be obligated responsible for or required to maintain any buildings or make improvements on the Leased Premises, including any repairs or replacements to Existing Improvements, the Premises during the Lease Term except for the roof, foundation, exterior walls Lessee Improvements (excluding, however, glass doorsif any), all exterior sewer and exterior utility lines to or any other improvements on the Building, and Leased Premises (collectively the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and “Improvements”). Lessee shall, at its all times during the Term, and at Lessee’s sole costcost and expense, risk, expense be responsible for making all repairs and liability, keep replacements (including but not limited to structural repairs and roof repairs) necessary to maintain the Leased Premises and all Improvements thereon in good order and order, repair, and in compliance with all applicable governmental codescondition, ordinances and regulations. Lessee shall also which is defined as the same condition as at the Commencement Date except (i) keep all sewer and utility lines servicing the Premisesas built, includingrepaired, without limitationrebuilt, all sewer connectionsrestored, plumbingor altered pursuant to this Lease, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; ordinary wear and tear, and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary conditionfor damage by casualty that Lessee is not required to repair. Lessee shall enter into maintain the landscaping on the Leased Premises in a contract approved neat and orderly condition and shall replace all dead or diseased plant materials. If Lessee fails to correct a failure to maintain landscaping on the Leased Premises within one week after Lessor gives notice to Lessee specifically listing the items that need to be corrected, Lessor may send Lessee a second notice. If Lessee fails to correct such specific items within one week after Lessor gives the second notice with respect to the same specific items, then Lessor shall have the option to correct such specific items and all costs and expenses incurred by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises so doing shall be kept repaid by Lessee upon demand, together with interest at the Default Rate from the date of demand until repaid. Failure to make such repayment on demand shall constitute a breach of this Lease. All waste shall be removed from the Leased Premises in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standardsapplicable law.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Long Term Sublease
Maintenance. 7.1 Lessor (a) Landlord’s Responsibilities. Landlord shall maintain in good order, condition, and state of repair all exterior and structural portions (including, but not limited to, the roof, exterior walls, interior load bearing walls, floors and foundation) and all mechanical systems (plumbing, heating and ventilation, air conditioning and electrical) at the Property (including the Leased Premises), and all parking areas, drives, sidewalks and landscaping. Landlord will be responsible for snow removal. Tenant shall reimburse Landlord for its pro rata share ( %) [TO BE DETERMINED UPON FINAL SQUARE FOOTAGE FIGURE SET FORTH IN SECTION 1] of such reasonable sums (the “Operating Expenses”) which Landlord expends (and which are not reimbursed by Landlord’s insurer or other third party) in effecting its repairs and maintenance hereunder, provided, however, the cost of any item which, by standard accounting practice, should be capitalized, will not be obligated to maintain or make any included in Operating Expenses. Notwithstanding the foregoing, in lieu of capital expenses for repairs or replacements to the Premises during the Lease Term except Property (including without limitation any upgrades for the roofpurpose of reducing Operating Expenses or for the purpose of complying with applicable laws, foundationcodes and regulations), exterior walls there shall be included within Operating Expenses for each calendar year, from and after the expenditure in question, the annual amortization of such expenditure over the useful life of the item(s) in question, as reasonably determined by Landlord and including an interest factor equal to the Prime Rate of interest as published from time to time in The Wall Street Journal plus two percent (excluding2%). Notwithstanding the foregoing, the term “Operating Expenses” shall not include expenses of constructing tenant improvements for any tenant in the Property.
(i) Tenant’s pro rata share of Operating Expenses shall be paid by Tenant in equal monthly installments in advance along with the payments of Base Rent in such amounts as are reasonably estimated and billed by Landlord based upon the total Operating Expenses due for the current calendar year. Landlord may revise its estimate and may adjust such monthly payment at the end of any calendar month. After Landlord has received the final statement for the Operating Expenses for the previous calendar year, Landlord will notify Tenant of the amount of Operating Expenses on which Tenant’s pro rata share is based, and the amount of Tenant’s pro rata share. If the aforesaid monthly payments on account of Tenant’s pro rata share for a given year or partial year are greater than Tenant’s share of the Operating Expenses payable for a given year or partial year, Tenant shall receive a credit from Landlord for the excess against installments of Tenant’s pro rata share next becoming due to Landlord (in the event of a credit to the Tenant upon termination of the Lease, Tenant shall receive the credit in the form of a refund check payable to the Tenant), and if said payments are less than Tenant’s share, Tenant shall forthwith pay Landlord the difference.
(ii) In determining Operating Expenses for any year, the following adjustments shall be made:
(a) if less than ninety-five percent (95%) of the Property rentable area shall have been occupied by tenants at any time during such year, Operating Expenses shall be deemed for such year to be an amount equal to the like expenses which Landlord reasonably determines would normally be incurred had such occupancy been ninety-five percent (95%) throughout such year (subject, however, glass doors), all exterior sewer and exterior utility lines to the Building, and understanding that in no event shall such determination by Landlord result in Tenant’s pro rata share of such Operating Expenses exceeding the Common Area, and Lessee covenants and agrees actual cost to assume all responsibility Landlord of repair and maintenance providing the services which were included in Operating Expenses for the period in question);
(b) if any tenant of the Premises.
7.2 Upon commencement of the Lease TermProperty supplies itself with a service at any time during such year that Landlord would ordinarily supply without separately charging therefor, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 Operating Expenses shall be deemed to relieve Lessee from include the cost that Landlord would have incurred had Landlord supplied such service to such tenant (subject, however, to the understanding that in no event shall such determination by Landlord result in Tenant’s pro rata share of such Operating Expenses exceeding the actual cost to Landlord of providing the services which were included in Operating Expenses for the period in question);
(c) if any liability which Lessee may have Operating Expenses incurred for the Property consist of shared costs and expenses with one or more other buildings or properties, whether pursuant to Lessor under the terms of this Lease a reciprocal easement agreement, cost sharing agreement, common area agreement, or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair shared costs and maintenance" shall include repairs and replacements, and the standard expenses shall be equitably allocated by Landlord between the good, clean Property and safe condition of a first class business park building in north suburban Atlanta, Georgiasuch other buildings or properties.
Appears in 1 contract
Samples: Agreement of Sale (Lenox Group Inc)
Maintenance. 7.1 A. During the Term of this Lease, Lessee at Lessee's expense:
1. Shall maintain and keep the Helicopter, its engines, components, appliances, accessories, instruments and equipment in good order and repair in strict compliance with FAA requirements (and without limitation of the foregoing), cause to be performed on all parts of the Helicopter and its engines all mandatory Airworthiness Directive ("AD's"), Special Federal Aviation Regulations ("SFAR's") and all manufacturer's service bulletins the compliance date of which shall fall during the Term of this Lease, and also in accordance with all manufacturer's manuals or Lessee's FAA approved maintenance programs.
2. Shall replace the Helicopter components, appliances, accessories, instruments and equipment, any and all engines, parts, applicants, instruments, or accessories which may become defective, lost, destroyed or otherwise rendered unfit for use during the lease period in accordance with the terms and conditions of this Lease.
3. Shall perform all overhauls, checks, inspections and maintenance service to all parts of the helicopter and its engines required to keep them in the condition required under this Lease.
4. May make such modifications, changes or alterations to the Helicopter or its engines as Lessee may determine and as Lessor shall first approve in writing. Lessor shall respond within five days and will not unreasonably withhold such approval. Lessor shall bear no liability for the cost of any such modification, change or alteration to the Helicopter or its engines whether in the event of grounding or suspension of certification or for any other cause. At the end of the Term of this Lease, at Lessor's option, Lessee shall (i) at its cost remove any equipment or alterations that it installed and return the Helicopter as was received, except that the New Interior will be maintained in the Helicopter or (ii) sell such alterations or equipment (provided that Lessor shall not be obligated to maintain or make pay any repairs or replacements to the Premises during the Lease Term except amount for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines New Interior) to Lessor at Lessee's cost less depreciation calculated monthly over an assumed five year depreciable life. It is understood that Lessor may exercise the Building, and option referred to in the Common Area, and Lessee covenants and agrees preceding sentence with respect to assume all responsibility of repair and maintenance one or more of the Premisespieces of equipment or alterations installed by Lessee.
7.2 Upon commencement 5. Shall be responsible for all required inspections of the Lease Term, Lessee shall accept (excepting Punch List items) Helicopter and its engines and licensing or re-licensing the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises Helicopter in good order and repair, and in compliance accordance with all applicable FAA and other applicable governmental codes, ordinances and regulationsrequirements. Lessee shall also (i) keep at all sewer times cause the Helicopter to have on board a current U.S. Certificate of Airworthiness issued by the FAA.
6. All inspections, maintenance, modifications, repairs and utility lines servicing overhauls of the PremisesHelicopter or its engines, includingcomponents, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring accessories, instruments or equipment shall be performed by personnel authorized to perform such services by the FAA.
7. Shall at all times have the Helicopter's engines and glasstransmission on a "Power By the Hour" program, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary conditionwhich is approved by Lessor. Lessee shall enter into a contract approved by Lessor for use its best efforts to have the maintenance "Power By The Hour" agreement assigned at the end of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standardsTerm.
7.3 At 8. Shall inspect and clean the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, exceptedHelicopter on a regular basis.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Maintenance. 7.1 Lessor Lessee shall not be obligated to maintain or make any repairs or replacements to the Premises during the Lease Term except have sole responsibility for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement . All personal property, including buildings and structures, on the Premises, shall be at the risk of the Lease Term, Lessee. Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises and all improvements thereon, in good order and substantial repair and condition, including the exterior thereof, and shall make all necessary repairs and alterations thereto. Lessee shall provide proper containers for trash and garbage, and shall keep the Premises free and clear of rubbish, debris, litter and weeds. In the event that Lessor determines that Xxxxxx has failed to comply with the terms of this Section, Lessor may, but shall have no obligation to, take such action as is required by this Section, and may charge Lessee the actual cost incurred to bring the Premises into compliance with this Section or a reasonable fee for such services. Snow removal on the Premises is the sole responsibility of Lessee. Snow removal may be performed by Xxxxxx as a courtesy to Lessee on a fee or non-fee basis unless Lessee instructs Lessor in writing that Xxxxxx does not desire to have Lessor remove snow. Lessor may cease to provide snow removal to Lessee or snow removal may not be provided on a particular occasion at Lessor’s sole discretion. Lessee shall not permit parking on the Premises unless the parking areas have been excavated to the proper sub grade and backfilled with an amount of gravel as specified by Lessor. Lessee shall keep the Premises in good maintenance and repair, and shall repair at Lessee’s sole cost and expense, all property, ground, runways, taxiways, and any and all property belonging to Lessor that is damaged or altered by Lessee in compliance with all applicable governmental codes, ordinances and regulationsmaintaining or operating on the Premises. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor have sole responsibility for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the access apron adjacent to the Premises. At all times , if any, that provides the Premises with access to airport taxiways. Lessee shall be kept in accordance with liable for any claim, liability, loss, or damage arising by reason of the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant injury to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result death of any act person or omission persons or by reason of damage to any property, caused by the condition of the access apron, or the acts or omissions of Lessee, or ordinary wear its agents, invitees, licensees, subtenants, assignees, occupants and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms users of this Lease or otherwise, on account of any damage as may be caused to the Premises or any person in or on the Building by access apron with the negligence express or misconduct of Lessee or any implied consent of the Lessee. Lessee Partiesshall indemnify and hold the Lessor harmless from all such liability. In the event that Xxxxxx’s personal property is damaged by Xxxxxx’s equipment or personnel, Xxxxxx agrees to reimburse Lessee reasonable replacement or repair costs for any such damages incurred.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Airport Ground Lease Agreement
Maintenance. 7.1 Lessor District shall be obligated, at all times, throughout the term of this Agreement, without cost to City, to maintain the Premises, AWTF and Related Facilities and all Subsequent Alterations or Improvements in good appearance, repair, and safe condition, except for ordinary wear and tear, and in a condition otherwise satisfactory to Director. District shall maintain all improvements on the Premises, whether installed by District or City. All maintenance shall be performed diligently and shall be of a quality equal to or better than the original work in materials and workmanship, and all work shall be subject to the prior written approval of Director, which approval shall not be obligated unreasonably withheld. When used in this Agreement, the term “maintenance” shall include all repairs, alterations, maintenance and/or removals reasonably deemed necessary by Director in order to maintain or make any repairs or replacements ensure that the AWTF and Related Facilities will consistently operate pursuant to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) operational parameters set forth in Exhibit E. Landlord may enter the Premises for its intended useat any time during regular business hours, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and to determine if District is in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination requirements of this LeaseSection 7. If, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when receivedfollowing any such inspection by Landlord, loss by fire or other casualty not the result Landlord delivers notice of any act or omission deficiency to District; District shall promptly prepare and deliver to Landlord, District’s proposed plan for remedying the indicated deficiencies. Xxxxxxxx’s failure to deliver, following any Landlord’s inspection, any notice of Lesseedeficiency to District, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall not be deemed to relieve Lessee from any liability which Lessee may have to Lessor under be Landlord’s approval of the terms then condition of this Lease or otherwisethe Project, on account nor Landlord’s waiver of any damage as may be caused to the Premises or the Building default by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in District under this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) maintain the leasehold improvements of whatever nature situated on the Leased Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulationsown expense. Lessee shall also (i) keep at all sewer times maintain the Leased Premises in a safe, neat and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repairorderly manner; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirttrash, debris and obstructions and or other unsafe, unsightly or unsanitary matter. Should Lessee fail to maintain the Leased Premises in a clean safe, neat and sanitary conditionorderly manner, the Lessor reserves the right to intervene in the resolve such matters after a period of seventy-two (72) hours. All costs for such intervention by the Lessor will be the responsibility of Lessee, at Lessee’s sole cost and expense, pursuant to the Port of Pensacola Terminal Tariff. Lessor’s obligation, if any, to maintain the Leased Premises shall be limited to major structural components, including but not necessarily limited to those items listed in Section 23. All other maintenance, including maintenance of any and all improvements constructed or placed by the Lessee, shall be the responsibility of the Lessee, at Lessee’s sole cost and expense. With the exception of improvements pursuant to Section 9(b) above, Lessee has the right to make any and all repairs to the Leased Premises or the supporting improvements that are the responsibility of Lessor to correct conditions that immediately and significantly threaten its leasehold improvements, warehouse contents, or operations thereof. Lessee shall enter into notify Lessor of any such intended repair action at least fifteen (15) days prior to the work being performed unless said work must be performed immediately to address an emergency situation (i.e., to prevent the threat of imminent property damage or personal injury or a contract material interruption of Lessee's business operations), in which event Lessee may perform such work immediately without notice or expiration of a waiting period (but Lessee shall notify Lessor of such repair work as soon as practicable following initiation of emergency repair efforts). Notwithstanding the foregoing, in no event shall Lessee have the right to proceed with work until approved by the Port Director. This provision will not be exercised unreasonably by Lessor or Lessee, but is intended to allow Lessee to protect the substantial investment being made in the leasehold improvements and Lessee's business operation. If Lessee undertakes repairs that are the responsibility of Lessor, upon approval of Lessor, Lessor shall reimburse Lessee for the maintenance of all heating, ventilating, reasonable and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek necessary costs and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standardsexpenses incurred by Lessee therefore.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this 12. Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any 23 of the Lessee Parties.
7.5 As used Original Agreement is hereby amended in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.its entirety to read:
Appears in 1 contract
Samples: Lease Agreement
Maintenance. 7.1 Lessor Lessee shall keep the Asset in good repair, condition and working order and shall maintain and furnish any and all parts, mechanisms and devices required to keep the Asset in good working order. Lessee shall pay all expenses for Asset use and operation, including but not be obligated limited to maintain or make any repairs or replacements to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer maintenance and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Termother expenses. At Lessee’s expense, Lessee shall accept (excepting Punch List items) the Premises for its intended use, have Asset maintained and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept serviced in accordance with the standards then prevailing manufacturer’s minimum recommendations, have the service validated, and be able to provide proof that such service has been performed. Lessee agrees that Lessee shall maintain the Asset in Xxxxx Creek good working order and all such maintenancecondition. The Lessee agrees to contact the Lessor if any necessary repairs must be made on the leased Asset immediately after discovering the defect that needs to be repaired. The Lessor will have these necessary repairs completed within a reasonable time from the day it is contacted by the Lessee. The Lessor will only make repairs to damages or defects which are the result of normal wear and tear or those damages or defects which are not caused by the Lessee’s fault or that of persons who, repairwith Lessee’s consent, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At use the expiration or other termination of this LeaseAsset. If Lessor requests, Lessee shall surrender allow Lessor to inspect the Premises (and the keys thereto) in as good condition as when received, loss by fire Asset at any reasonable time. Lessee shall not make any changes to Asset that would decrease its value or other casualty not the result of any act or omission of Lesseeusefulness, or ordinary that violate any law. All changes made to Asset that cannot be removed or modified without decreasing the value or usefulness of the Asset will become the property of Lessor when such changes are originally made. Lessee shall return Asset to place specified by Lessor, whether at the end of the lease term, or at the request of Lessor upon default. When the Asset is returned, Lessee agrees that it will have all parts and accessories in good order. The Lessee shall be required to return the leased Asset in the same condition it was in prior to the lease, minus normal wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused tear. If Asset(s) are returned after event(s) not being cleaned to the Premises or condition the Building by the negligence or misconduct of Asset was in when Lessee or any took possession of the Asset(s), the Lessee Partiesagrees to pay a fee to have Asset(s) professionally cleaned.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Lease Agreement
Maintenance. 7.1 Lessor Landlord shall not be obligated responsible for maintenance and repair of the following items in, on or about the Leased Premises, if such maintenance or repair is required due to maintain or make any repairs or replacements to the Premises during the Lease Term except for the roofnormal wear and tear: structural components, foundation, exterior walls (excluding, however, glass doors), all exterior sewer interior and exterior utility lines to the Buildingwalls, floors, ceiling, roofs, sewer connections, plumbing, wiring, appliances and the Common Areaglass. However, and Lessee covenants and agrees to assume Tenant shall be responsible for all responsibility of costs associated with maintenance or repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Termforegoing items if Tenant or any person within Tenant’s control knowingly, Lessee shall accept (excepting Punch List intentionally, deliberately, recklessly or negligently destroys, defaces, damages or impairs such items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for causing the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved plumbing system to become clogged or backed up other than by Lessor for the maintenance reason of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear onlyof the plumbing system. Tenant shall maintain the Leased Premises in a clean, excepted.
7.4 Nothing in this Section 7 safe, and sanitary manner, keeping the entire Leased Premises free from trash, rubbish, abandoned vehicles and the like. Tenant shall also be responsible for the following Leased Premises Maintenance, as designated: Tenant is Responsible Landlord is Responsible Not Applicable Maintain the yard, keeping weeds pulled, leaves, raked, trees and shrubs trimmed and grass mowed to the satisfaction of Landlord. Keep the grass, shrubs, trees and flowers watered to the satisfaction of the Landlord. The Leased Premises Does Does Not have an automatic sprinkler system. Maintain the sidewalks, driveway and parking area free and clear from snow and ice. Other: In the event that Tenant fails to perform the duties as required above, Landlord and Landlord’s agents and employees shall have the right, but shall not be obligated, to enter the Leased Premises and perform such maintenance, and Tenant agrees to and shall bear the expense of any such maintenance. The expense so incurred shall be deemed considered to relieve Lessee from any liability which Lessee may have to Lessor under be additional rent for the terms of this Lease or otherwise, on account of any damage as may be caused to the leased Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be immediately due from Tenant at the good, clean and safe condition option of a first class business park building in north suburban Atlanta, GeorgiaLandlord.
Appears in 1 contract
Samples: Residential Lease
Maintenance. 7.1 (a) Except for Lessor Capital Repair Items as defined in Section 8.2(c), Lessee shall make and perform all day-to-day maintenance and repairs at the Property (including the Improvements). Such day-to-day maintenance and repair shall include by way of illustration and not be obligated to maintain or limitation maintenance and repair of the HVAC and mechanical systems of the Improvements, parking, driveways and walkways and landscaping, as well as performing necessary snow removal and garbage collection. Lessee shall make any all such repairs or replacements to the Premises Property (including the Improvements) and shall keep the Property clean, neat, safe, sanitary, and in good order, repair and condition, including both the inside and the outside, and any equipment, facilities and fixtures owned by Lessor or Lessee therein, in all cases ordinary wear and tear excepted. Any service contracts entered into by Lessee with respect to Lessee’s maintenance obligations under this Section 8.2(a) shall be at Lessee’s sole cost.
(b) Lessor and Lessee anticipate that the items identified on Schedule 8.2 (the “Lessee Capital Repair Items”) may need repair and/or replacement during the Base Term. Lessee shall repair and maintain the Lessee Capital Repair Items during the Lease Term. In the event Lessee reasonably determines during the Lease Term except that any Lessee Capital Repair Item has reached the end of its functional or economic life and is in need of being replaced rather than repaired or maintained, then the same shall be replaced, as set forth below:
(i) If the replacement of a Lessee Capital Repair Item occurs during the Base Term of this Lease, then Lessee shall arrange for such work to be timely performed and at Xxxxxx’s sole cost and expense.
(ii) If the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to replacement of a Lessee Capital Repair Item occurs after the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance Base Term of the Premises.
7.2 Upon commencement of Lease, then the Lease Termsame shall be a Lessor Capitol Repair Item and Lessor shall arrange for such work to be timely performed and at Lessor’s sole cost and expense, as a Capital Repair under Section 8.2(c) hereafter. Lessee shall accept (excepting Punch List items) complete the Premises repairs and replacements of Lessee Capital Repair Items for its intended usewhich it is responsible as set out above at such times and in such manner as Lessee determines are reasonable and prudent under the circumstances and taking into consideration the impact or potential interference with Xxxxxx’s business, provided that Lessee shall cause such repairs and Lessee shall, at its sole cost, risk, expense replacements to be done in a good and liability, keep and maintain the Premises in good order and repair, worker-like manner and in compliance with all applicable governmental codes, ordinances and regulationsApplicable Laws (subject to Lessee’s right to contest the applicability of any law or regulation). Lessee shall also from time to time notify Lessor of the completion of Lessee Capital Repair Items that have been repaired or replaced.
(ic) keep all sewer and utility lines servicing Lessor shall be responsible, at its cost, for any repair or replacement (of the Premiseswhole or any major part) of any item of a capital nature a (“Capital Repair”) which is either not identified on Schedule 8.2 or which is the replacement of a Lessee Capital Repair Item after the Base Term, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glassas set forth in Section 8.2(b) above, in good order either case the “Lessor Capital Repair Items”, including without limitation the roofs (except to the extent included in any roof repairs identified on Schedule 8.2), foundations and repair; (ii) provide janitorial services for footings of the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary conditionImprovements. Lessee shall enter into a contract approved give Lessor written notice of any Lessor Capital Repair Item that Lessee has identified as needing repair or replacement (whether expected or unexpected), and Lessor shall promptly commence the repair or replacement thereof. Lessee shall allow Lessor and its representatives and agents reasonable access (subject to the limitations with respect to access by an Inspecting Party set forth in Section 15.1) to the Property to enable Lessor to evaluate the need for the maintenance repair or replacement identified by Xxxxxx. If Lessor does not agree that any such Lessor Capital Repair Item is in need of all heatingrepair or replacement or that such item is not a Capital Repair, ventilating, and air conditioning equipment located then Lessor shall so notify Lessee in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination writing within ten (10) days of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission Lessor’s receipt of Lessee’s notice, or ordinary wear including the reasons therefor. If Lessee and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage cannot reach agreement as may be caused to the Premises repair or the Building by the negligence or misconduct of Lessee or any replacement of the Lessee Parties.
7.5 As used Lessor Capital Repair Item in this Section 7, "question or as to the nature of the repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.(i.
Appears in 1 contract
Samples: Lease Agreement
Maintenance. 7.1 It is recalled that, from the Effective Date, the Lessor shall not carry out significant works in the Building, a summary description of which appears in Schedule 1, and that the cost of these works shall be obligated entirely borne by the Lessor. During the term of this lease, the Lessee must keep the premises in a proper state of maintenance, functioning, safety, cleanliness and hygiene, and at its expense carry out or cause to maintain or make be carried out any works and repairs or replacements to the Premises during the Lease Term that might be necessary, except for the roofmajor repairs referred to in Article 606 of the French Civil Code, foundationwhich shall be the Lessor’s responsibility and must be taken to mean, exterior in a strictly exhaustive manner, works of reconstruction of the load-bearing walls (excludingand of the roofing, howeverexcluding any other repair. The Lessee must also make good the premises and discharge the amount of any repairs to be carried out, glass doors)except for those necessitated by dilapidations. For this purpose, all exterior sewer and exterior utility lines at the latest by the day of the expiry of the lease, a premises condition report shall be drawn up involving both parties, which shall include, where appropriate, a summary of the repairs to be carried out that are the Lessee’s responsibility. The Lessee shall pay directly to the Building, and Lessor the Common Area, and amount of the repairs on submission of the contracting firms’ invoices checked by the Lessor’s architect. The Lessee covenants and agrees to assume all responsibility of repair and shall not carry out in the Premises works other than those necessary for the normal maintenance of the Premises.
7.2 Upon commencement Building without the Lessor’s prior written permission. Where permission is given, the works of whatever nature must be executed at the Lessee’s sole expense and risk and under the supervision of an architect or a technical design office approved by the Lessor and whose fees shall be borne by the Lessee. Failing the execution by the Lessee of these works, the Lessor may substitute itself for the Lessee and have them carried out by a contracting firm of its choice, at the Lessee’s sole expense, without prejudice to any costs of making-good consequent upon damage caused by a failure to observe the provisions of this Clause. The Lessee must suffer without any compensation or reduction in the price of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance rent any urgent works of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repairrepair or reconstruction, replacement and work performed pursuant etc. that the Lessor deems to this section shall be performed reasonably necessary to cause to be executed in accordance with such standards.
7.3 At the expiration or other termination premises, during the term of this Leaselease, Lessee shall surrender whatever the Premises (nature and the keys thereto) in as good condition as when receivedduration thereof, loss even if the latter exceeds forty days, by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee derogation from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any Article 1724 of the Lessee PartiesFrench Civil Code.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Lease Agreement (Tornier B.V.)
Maintenance. 7.1 Lessor (i) Landlord shall not be obligated maintain all Common Areas in first class condition, repair and cleanliness, including ice and snow removal, and sidewalk steam cleaning and shall keep the Common Areas free of any impediments and open for easy and safe movement within the Common Areas. Landlord shall keep the Common Areas well lighted until one hour after Tenant’s latest closing time and thereafter to maintain or make any repairs or replacements security lighting in the Common Areas, and otherwise keep such Common Areas safe and secure. Without limiting the foregoing, Landlord shall cause all snow and ice to be removed from the sidewalks in front of the Premises, the pedestrian pathways from the parking areas to the Premises during the Lease Term except Premises, all parking for the roofbuilding (including, foundationbut not limited to, exterior walls (excluding, however, glass doorsthe parking reserved for Tenant’s use), all exterior sewer the vehicular and exterior utility lines pedestrian entrances to and from the Building, and the Common Areadrive-through lanes, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premisesas soon as practicable.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for Tenant shall pay as additional rent its Proportionate Share of the reasonable costs incurred by Landlord in maintaining the Common Areas (the “Maintenance Costs”), but in no event shall Tenant be responsible for: (A) interest on and amortization of debt, (B) Deleted; (C) wages or salaries of employees over the rank of property or building manager, and (D) legal fees in connection with the structure or ownership of Landlord or operation of Landlord as a limited partnership or relating to leasing and disputes with tenants or based upon Landlord’s negligence or willful misconduct or relating to Landlord’s defense its title to, or interest in, the Premises; and (iiiE) keep the Premises free from all litterleasing commissions, dirtmarketing costs, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilatingdisbursements, and other expenses incurred for leasing, renovating, or improving space for tenants; (F) costs of a capital nature including capital improvements, capital replacements, capital repairs, capital equipment, and capital tools, as determined under generally accepted accounting principles consistently applied; (G) any items to the extent reimbursed by tenants or users to Landlord; (H) overhead and profit paid to subsidiaries or affiliates of Landlord for management or other services on or to the Property or for supplies or other materials, to the extent that the costs of the services, supplies, or materials exceed the competitive costs of the services, supplies, or materials were they not provided by a subsidiary or affiliate; (I) rentals and other related expenses incurred in leasing air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenancesystems, repairelevators, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination equipment ordinarily considered to be of this Leasea capital nature; (J) items and services that Landlord provides selectively to one or more tenants or users of the Building other than Tenant without reimbursement; (K) advertising and promotional expenditures; (L) repairs or other work needed because of eminent domain, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when receivedfire, loss by fire windstorm, or other casualty not or cause insured against by Landlord or to the result of extent Landlord’s insurance (as required above) would have provided insurance, whichever is the greater coverage; (M) costs incurred to remedy structural or other defects in original construction materials or installations; (N) any act or omission of Lesseecosts, fines, or ordinary wear and tear onlypenalties incurred because Landlord violated any governmental rule or authority; (O) costs incurred to test, exceptedsurvey, cleanup, contain, axxxx, remove, or otherwise remedy hazardous wastes or asbestos-containing materials; (P) repaving the parking lot; (Q) other expenses that under generally accepted accounting principles consistently applied would not be considered normal maintenance expenses.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Maintenance. 7.1 Lessor shall not a. During the Term, except as provided below, Provider will be obligated to maintain or make any repairs or replacements responsible for the condition, operation, repairs, replacements, maintenance and management of the Premises, including all Technical Infrastructure, except to the Premises during extent caused by Epsilon, any Epsilon Representative or the Lease Term except for Equipment. All repairs shall be completed in a prompt and workmanlike manner. However, should Provider not make repairs in a prompt and workmanlike manner resulting in a material impact to Epsilon’s operations, Epsilon shall have the roofright to complete any necessary repair, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to without harming any other tenant in the BuildingPremises, and offset such actual costs of repair against Fees owed to Provider, provided that any such repairs shall be performed by a qualified contractor that is familiar with the Common Area, and Lessee covenants architecture of the Premises and agrees to assume all responsibility comply with the provisions of repair this Agreement related to Epsilon contractors. All such repairs shall be performed in a diligent, competent and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions workmanlike manner and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for manner which will not impair the maintenance proper functioning of all heating, ventilating, and air conditioning the Data Hall or Premises or void any manufacturers or installation warranties of equipment located in or serving the Premises. At The provision of all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work maintenance services performed pursuant to this section subsection shall be performed provided at no charge to Epsilon. Provider shall maintain the Premises and Technical Infrastructure in efficient working order and in accordance with such standardsits written maintenance standards and the Customer Support Guide as developed from the outline attached as Exhibit E. Provider shall have sole responsibility, except in the case of Epsilon needing to make repairs as noted above, for negotiating, executing and administering all contracts related to the operation, maintenance and repair of the Premises and Technical Infrastructure. During the maintenance services of Provider as described above the Services may not comply with the specifications set forth in Exhibit B, provided that a plan shall be developed along with Epsilon, which addresses ways to minimize disruption to the services provided by Epsilon to its customers.
7.3 At b. Provider will clean and carry out normal maintenance in the expiration Premises provided that Epsilon shall maintain the Equipment Space as provided below. Epsilon assumes full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the Equipment including the building, maintenance and repair of the cages. Epsilon at its sole expense shall clean the Equipment Space, provided that Provider shall retain responsibility for sub-floor cleaning in the Equipment Space, which it shall perform annually. In the event Epsilon desires to use a janitorial service or other termination of this Leasesimilar contractor in the Equipment Space, Lessee Epsilon shall surrender the Premises (and the keys thereto) use a vendor approved in as good condition as when receivedwriting by Provider, loss by fire or other casualty such approval not the result of any act or omission of Lessee, or ordinary wear and tear only, exceptedto be unreasonably withheld.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Maintenance. 7.1 Lessor (i) Tenant acknowledges that it has received the Demised Premises in good condition, repair and appearance. Tenant agrees that, at its expense, it shall not be obligated to keep and maintain the Demised Premises, including any altered, rebuilt, additional or make any repairs or replacements to the Premises during the Lease Term substituted buildings, roofs, structures and other improvements thereto, in good repair and appearance, except for the roof, foundation, exterior walls (excluding, however, glass doors)ordinary wear and tear. Tenant shall also make promptly, all exterior sewer foreseen and exterior utility lines unforeseen, ordinary and extraordinary changes and repairs of every kind which may be required to be made to keep and maintain the BuildingDemised Premises in such good condition, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and appearance and it will keep the Demised Premises orderly and free and clear of rubbish. Tenant covenants to perform or observe all terms, covenants or conditions of any reciprocal easement or maintenance of agreement to which it may at any time be a party or to which the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Demised Premises for its intended use, and Lessee are currently subject. Tenant shall, at its sole costexpense, riskuse its best efforts to enforce compliance with any reciprocal easement or maintenance agreement benefitting the Demised Premises by any other person subject to such agreement except as otherwise specifically set forth in this Lease. Except as provided below, expense and liabilityLandlord shall not be required to maintain, keep and repair or rebuild, or to make any alterations, replacements or renewals of any nature to the Demised Premises, or any part thereof, whether ordinary or extraordinary, foreseen or not foreseen to maintain the Demised Premises or any part thereof in good order and repair, and any way. Tenant hereby expressly waives the right to make repairs at the expense of Landlord which may be provided for in compliance with all applicable governmental codes, ordinances and regulationsany law in effect at the time of the commencement of the Term or which may thereafter be enacted. Lessee If Tenant shall also (i) keep all sewer and utility lines servicing abandon the Demised Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee it shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standardsgive Landlord immediate notice thereof.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Lease (Alpha Technologies Group Inc)
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements to XXXXXX acknowledges it has inspected the Leased Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shallmaintain, at its sole costcost and expense, risk, expense the grounds and liability, keep all equipment and improvements on the Leased Premises and to promptly make any and all repairs or replacements as necessary. LESSEE also agrees to maintain the Leased Premises and its Improvements and equipment in good operating order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean structurally sound, neat, good operating, orderly and sanitary conditionpresentable condition consistent with good business practices. Lessee This obligation to repair includes the obligation to make all repairs any existing structure thereupon and to the aprons now or hereafter constructed on the Leased Premises by the LESSEE. LESSEE agrees to pay for all utilities consumed on the Leased Premises including interior and exterior utility lines, equipment, fixtures and connections owned or installed by or for LESSEE. XXXXXX shall enter into also be responsible for snow removal in or on the Leased Premises. LESSEE will provide a contract approved by Lessor complete and proper arrangement for the maintenance frequent and adequate sanitary handling and disposal, away from the Airport, of all heatingtrash, ventilatinggarbage and other refuse caused as a result of the occupancy or use of the Leased Premises. In the event the United States of America or another agency, governmental or otherwise, not hired, paid or employed by LESSOR to do so, should take over, supervise and operate runways, landing areas, lights, radio control tower, and air conditioning equipment located other aerial navigation aids or facilities which shall have been operated and maintained at the Airport by LESSOR at its own expense, and LESSEE is required to make payment to such agency for the use of the facilities, then the rentals and fees provided herein for LESSEE to pay LESSOR for that particular use or activity shall terminate, it being the intent hereof that LESSEE shall not be required to pay duplicate charges. In the event that XXXXXX discovers any maintenance deficiency that LESSEE is responsible for as defined in the Lease and/or the Airport Rules and Regulations for Shreveport Regional Airport adopted August 5, 1985, as amended, or serving the Premises. At all times Airport Rules and Regulations at Shreveport Downtown Airport, adopted February 5, 2004, as amended, (the Premises applicable Rules and Regulations are referred to herein as “the Airport Rules and Regulations”), which requires repair or replacement, LESSOR shall be kept notify LESSEE of such deficiency in writing, in accordance with the standards then prevailing Notice requirements set forth in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination Section 29 of this Lease, Lessee shall surrender with particularity, including but not limited to the Premises (action(s) necessary to remedy same, and the keys thereto) in as good condition as when receivedprovide for a reasonable cure period within which to remedy same. All maintenance, loss by fire repairs, additions or other casualty not the result work of any act kind or omission nature performed, constructed or installed by or on behalf of LesseeLESSEE in or upon the Leased Premises, or ordinary wear will conform in all respects to (a) all applicable federal, state and tear onlylocal statutes, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under ordinances and building codes, (b) the terms of this Lease or otherwiseSection, on account of any damage as may be caused to (c) the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair Airport Rules and maintenance" shall include repairs and replacementsRegulations, and (d) the standard shall be Airport Planning Documents and (e) the good, clean and safe condition of a first class business park building in north suburban Atlanta, GeorgiaSAA Airport Leasing Policy.
Appears in 1 contract
Samples: Airport Lease Agreement
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building14.1. Except as otherwise provided in this Article, and the Common AreaArticles titled "Destruction" and "Condemnation," Tenant shall, at its sole expense, maintain the entire Premises (including, but not limited to, any and Lessee covenants and agrees to assume all responsibility of repair and maintenance appurtenances thereto wherever located, including the interior surfaces of the exterior walls, the exterior and interior portions of all doors, door frames, door checks, other entrances, interior portions of windows, window frames, plate glass, suite fronts, signs, all plumbing and sewage fixtures and equipment, within the Premises, fixtures, walls, floors, ceiling, carpets, drapes, painted surfaces, wall coverings, cabinets, shelves, whether any such work or repair, replacement, renewal, or restoration is interior or exterior to the Premises, is foreseen or unforeseen, or is ordinary or extraordinary) in good tenantable condition and repair as reasonably determined by Landlord, including without limitation all additions and improvements made by or for the Tenant as well as all items of maintenance, alteration, or reconstruction that may be required by a governmental agency having jurisdiction thereof.
7.2 Upon commencement 14.2. If Tenant fails, refuses, or neglects to commence and complete repairs promptly and adequately, to remove any liens, to pay any cost or expense, to reimburse Landlord, or otherwise to perform any act or fulfill any obligation required of Tenant, Landlord may make or complete any such repairs, remove such lien, pay any such cost or expense, perform the same without prior notice to, but at the sole expense of, Tenant. Tenant shall promptly reimburse Landlord for all expenses of Landlord for all expenses of Landlord thereby incurred within ten (10) days after receipt by Tenant from Landlord of a statement setting forth the amount of such expenses. Landlord's rights and remedies pursuant to this Section shall be in addition to any and all rights and remedies provided under this Lease or at law and shall not affect a waiver of Tenant's obligations.
14.3. Landlord shall not have any responsibility to maintain the Premises. Tenant, as a material part of the Lease Termconsideration rendered to Landlord, Lessee shall accept (excepting Punch List items) in entering into this Lease, hereby waives the provisions of the California Civil Code with respect to Landlord's obligation for tenantability of the Premises for its intended use, and Lessee Tenant's right to make repairs and deduct the expenses of such repairs from rent.
14.4. Tenant shall, at its sole cost, riskkeep and maintain all window and door glass, utilities, fixtures and mechanical equipment used by Tenant in good order, condition and repair.
14.5. Landlord shall, at Tenant's sole expense, arrange for the maintenance of any heating and/or air conditioning units servicing the Premises with a reputable maintenance service person or entity. Tenant shall pay the costs of said maintenance as additional Rent. In the event that any heating and/or air conditioning unit services more than one Tenant, Tenant shall pay a reasonable proportion of the cost of the maintenance (including labor and parts), which proportion shall be determined by Landlord based upon Tenant's proportionate share of the square footage of the area serviced by any such unit.
14.6. Landlord shall keep in good condition and repair the roof and structural components of the Premises except when such maintenance and repair is necessitated by reason of Tenant's negligence, alteration of or addition to the Premises, or breach of any term or condition of this Lease. All costs of Landlord's maintenance and repairs shall be borne by Tenant and prorated in the manner set forth in the Article titled "Operating Expenses." Landlord shall have no obligation to make any such repairs until Landlord has received written notice from Tenant with respect to the need for such repairs, and Landlord shall not be deemed to be in default with respect to its obligation to repair unless and until Landlord has (i) received said written notice and (ii) failed to make such repairs within a reasonable period following the receipt of said notice. Landlord shall, after receiving written notice, exercise due diligence in making such repairs. Tenant hereby waives any provisions of any and all Laws permitting Tenant to make repairs at Landlord's expense. Landlord shall enforce any express construction warranties for the benefit of Tenant to the extent that they are available. There shall be no abatement of rent and no liability of Landlord under any circumstances by reason of any loss of or any injury to property, lost profits, or for injury to or interference with Tenant's business arising from the making of or Landlord's failure to make any repairs, alterations, or improvements.
14.7. Landlord shall, at Tenant's cost, repair and maintain the Project Enhancement Areas And Unit Shared Use Areas in a neat, clean and orderly condition and repair, properly lighted and landscaped, and shall operate the Project, in Landlord's sole discretion, as a first class industrial/office/commercial real property development. All expenses in connection with the Project Enhancement Areas And Unit Shared Use Areas shall be charged and prorated in the manner set forth in the Article titled "Operating Expenses." It is understood and agreed that the phrase "expenses in connection with said Project Enhancement Areas And Unit Shared Use Areas" shall include, but shall not be limited to, all sums expended in connection with said Project Enhancement Areas And Unit Shared Use Areas for all general maintenance and repairs, resurfacing, painting, restriping, cleaning, sweeping and janitorial services; maintenance and repair of sidewalks, curbs, and Building signs (other than Tenant's sign), sprinkler systems, planting and landscaping; lighting and other utilities; painting of all exterior surfaces of the Building or buildings in the Project; directional signs and other markers and bumpers; maintenance and repair of any fire protection systems, automatic sprinkler systems, lighting systems, storm drainage systems and any other utility systems; personnel to implement such service, including, if Landlord deems necessary, the cost of security guards and/or all costs and expenses pertaining to a security alarm system for the tenants; police and fire protection services; personal property taxes levied on or attributable to personal property owned by Landlord which is consumed in the operation or maintenance of the Project Enhancement Areas And Unit Shared Use Areas; depreciation and maintenance on operating machinery and equipment (if owned) and rental paid for such machinery and equipment (if rented); any parking charges, surcharges or any other costs levied or assessed by local, state or federal governmental agencies in connection with the use of parking facilities; fees for required licenses and permits; adequate public liability and property damage insurance on the Project Enhancement Areas And Unit Shared Use Areas; reserves for exterior painting and other appropriate reserves; and a reasonable allowance to Landlord for Landlord's supervision of the said Project Enhancement Areas And Unit Shared Use Areas, which cost shall not exceed three percent (3%) of the total of the aforementioned expenses for said calendar year. Landlord may, however, cause any or all of said services to be provided by an independent contractor or contractors.
14.8. Landlord's exercise of any right or obligation to maintain or repair the Premises, Project Enhancement Areas And Unit Shared Use Areas and/or other areas of the Project shall not entitle Tenant to any abatement of rent, compensation or damages for injury, loss or inconvenience occasioned thereby.
14.9. Tenant waives the right to make repairs at Landlord's expense under any Law, including, but not limited to, Sections 1932, 1933, 1941, and liability1942 of the California Civil Code.
14.10. Tenant, at its own expense, shall make all repairs to the Project that are made necessary by any breach of this Lease or any misuse or neglect by:
14.10.1. Tenant or any of its officers, agents, employees, contractors, licensees, or subtenants; or
14.10.2. Any visitors, patrons, guests, or invitees of Tenant or its subtenant.
14.11. All such repairs shall be at lest equal in quality to the original work, shall be made only by a licensed, bonded contractor approved in advance by Landlord, and shall be made only at such time or times as shall be approved by Landlord. Landlord may impose reasonable restrictions and requirements with respect to such repairs. At the time of the expiration of the tenancy created herein, Tenant shall surrender the Premises in good order, condition, and repair, ordinary wear and tear excepted. Tenant shall not commit or suffer to be committed any waste in or upon the Premises.
14.12. Tenant shall, at its own expense, keep and maintain the Premises in good order and repaira clean, sanitary, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept safe condition in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standardsLaws.
7.3 At the expiration or 14.13. Tenant shall, at its own expense, install and maintain such fire extinguishers and other termination of this Lease, Lessee shall surrender the Premises fire protection devices (and the keys theretoother than sprinkler systems) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to required in the Premises or the Building from time to time by any agency having jurisdiction and/or by the negligence or misconduct of Lessee or any of insurance underwriters insuring the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.Building
Appears in 1 contract
Samples: Net Industrial Lease (National Manufacturing Technologies)
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any During the term of this Agreement, the responsibility for maintenance, repairs or and replacements with respect to the Premises during Building shall be governed by the following provisions:
1. At or before the later of the Initiation of the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to or its taking occupancy of the Building, and LESSEE will have the Common Area, and Lessee covenants right to inspect the Building thoroughly. LESSEE acknowledges and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also that (i) LESSEE's payment of the first month's rent shall signify that the Building is in good sanitary order, condition and repair and is acceptable to LESSEE, and (ii) at LESSEE's sole cost and expense, it will keep all sewer the Building and utility lines servicing the Premises, including, every part thereof in good condition and repair including without limitation, all sewer connectionsthe maintenance, replacement and repair of any storefront, doors, window casements, glazing, plumbing, heating(except concealed plumbing that is underground or within the walls or doors) pipes, ventilating electrical wiring and conduits, heating and air conditioning equipment and appliances, wiring and glass, in good order and repair; system (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and when there is an air conditioning equipment located in or serving the Premisessystem). At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenanceLESSEE shall, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At upon the expiration or other sooner termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) Building to LESSOR in as good condition as when receivedcondition, loss by fire or other casualty not the result of any act or omission of Lesseebroom clean, or ordinary wear and tear onlyand damage from causes beyond the reasonable control of LESSEE excepted. Any damage to adjacent premises caused by LESSEE's use of the Building shall be repaired at the sole cost and expense of LESSEE, exceptedunless otherwise covered by applicable insurance. Damage to the Building or to adjacent premises caused by LESSOR, its agents, servants, invitees or employees, shall be repaired at the sole cost and expense of LESSOR, unless otherwise covered by applicable insurance.
7.4 Nothing 2. Notwithstanding the provisions of Clause Seventh (1) above, LESSOR shall repair and maintain the structural portions of the Building, including, but not limited to, the exterior walls, roof (including leaks) underground and concealed plumbing, power distribution connections and telecommunications infrastructure, unless such maintenance and repairs are caused in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under part or in whole by the terms of this Lease act, neglect, fault or otherwise, on account omission of any damage as may be caused to the Premises or the Building duty by the negligence or misconduct of Lessee LESSEE, its agents, servants, employees, invitees, or any damage caused by breaking and entering, in which case LESSEE shall pay to LESSOR the actual cost of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.such maintenance and
Appears in 1 contract
Maintenance. 7.1 Lessor Landlord shall repair and maintain in good condition, the structural parts of the Building, which shall include only the foundations, bearing and exterior walls (excluding glass), subflooring and roof (excluding skylights), the unexposed electrical, plumbing and sewerage systems lying outside the Building, exterior doors (excluding glass), window frames, gutters and downspouts on the Building, and the exterior portions of the Phase (parking and other paved areas and landscaped areas); provided, however, (a) the cost of all such maintenance shall be considered “Expenses” for purposes of Section 4.c except to the extent excluded by Section 4.c, (b) to the extent not covered by insurance, the cost of any work required due to damage or excessive wear caused by Tenant or its agents shall be paid by Tenant, and (c) Landlord shall not be obligated to maintain any outdoor equipment or make improvements of Tenant such as any repairs tank farm nor to perform any work related to any Betterment or replacements necessitated due to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors)any Betterment, all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee which shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, be performed by Tenant at its sole costexpense. Except as provided above, riskTenant shall maintain and repair (but, expense and liabilityexcept as provided in Section 4.c, keep and maintain not replace) the Premises in good order condition, ordinary wear and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premisestear excepted, including, without limitation, maintaining and repairing all sewer connectionsother walls, plumbingfloors, heatingceiling, ventilating interior doors, exterior and air conditioning equipment interior windows and appliancesfixtures as well as damage caused by Tenant, wiring its agents, employees or invitees. Tenant shall obtain and glassdeliver to Landlord a service and maintenance contract for all HVAC units and systems serving the Building. Tenant shall, through such contract and as otherwise necessary, repair and maintain such HVAC in good order operating condition and repairany replacements shall be treated as provided in Section 4(c) above. Such contract shall be renewed so as to be in constant force and effect; (ii) provide janitorial services for the Premises; terms and (iii) keep form of such contract are subject to the reasonable approval of Landlord. Tenant shall make such alterations and improvements to the Premises free from all litter, dirt, debris as are required to comply with Laws to the extent attributable to the unique and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance specific use of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises by Tenant, but Tenant shall have no obligation to make improvements or alterations required by Laws of general applicability (such as building codes requiring earthquake reinforcement, compliance with the Americans with Disabilities Act, or environmental conditions not created or caused by Xxxxxx); any such work shall be kept accomplished in accordance compliance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the Section 13 below. Upon expiration or other termination of this Lease, Lessee Xxxxxx shall surrender the Premises (and to Landlord in the keys thereto) in as good same condition as when receivedexisted at the commencement of the term, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary except for reasonable wear and tear only, exceptedtear.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Lease (Nlight, Inc.)
Maintenance. 7.1 Lessor Grantor will, or will cause Tenants (as hereinafter defined) to, cause the Mortgaged Premises and every part thereof to be maintained, preserved and kept in safe and good repair, working order and condition, will abstain from and not permit the commission of waste in or about the Mortgaged Premises, and will comply with all laws and regulations of any governmental authority with reference to the Mortgaged Premises and the manner of using or operating the same, and with all restrictive covenants, if any, affecting the title to the Mortgaged Premises, or any part thereof. Grantor also will, or will cause Tenants to, from time to time make all necessary and proper repairs, renewals, replacements, additions and betterments thereto, so that the value and efficient use thereof shall be fully preserved and maintained and so as to comply with all laws and regulations as aforesaid. Grantor will not be obligated to maintain or otherwise make any repairs or replacements material modifications to the Mortgaged Premises during without the Lease Term except for the roof, foundation, exterior walls (excludingwritten consent of Beneficiary; provided, however, glass doorsthat Beneficiary’s consent will not be required for any modification to the Mortgaged Premises that may be completed by Tenants under the terms of the Leases (as hereinafter defined) without the consent of Grantor. If the Beneficiary has reasonable cause to believe that the Mortgaged Premises is not in compliance with applicable laws and regulations (including environmental, health and safety laws and regulations), all exterior sewer and exterior utility lines at the request of Beneficiary, from time to the Buildingtime, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shallGrantor, at its sole costcost and expense will furnish Beneficiary with engineering studies and soil tests with respect to the Mortgaged Premises, riskthe form, expense substance and liabilityresults of which shall be satisfactory and certified to Beneficiary. Beneficiary agrees that Grantor shall not be required to pay the costs associated with such studies and tests more than once in any Loan Year (as defined in the Note). If any such engineering studies or soil tests indicate any violation, keep of environmental, health, safety or similar laws or regulations, then Grantor, at its sole cost and maintain expense, will promptly take whatever corrective action is necessary to assure the Mortgaged Premises is in good order and repair, and in full compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standardslaw.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: First Deed of Trust, Security Agreement and Fixture Filing (Cole Credit Property Trust III, Inc.)
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements Notwithstanding anything to the Premises during contrary contained in the Lease Term except for the roofLease, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance as of the Premises.
7.2 Upon commencement date of the Lease Termthis Fourth Amendment, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times repair obligations for the Premises shall be kept allocated between Landlord and Tenant as set forth on Exhibit B attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit B (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in accordance form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the standards then prevailing in Xxxxx Creek and all respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such maintenance, repair, replacement and work performed contracts entered into by Tenant pursuant to this section shall be performed paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall surrender not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Premises, and Landlord shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in Section 13 of the Lease, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises (and for which Tenant is responsible as part of the keys thereto) Tenant Maintenance Obligations in as good condition as when receiveda manner reasonably acceptable to Landlord within the requirements of the Lease, loss by fire or other casualty Landlord shall have the right, but not the result of any act or omission of Lesseeobligation, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.provide Tenant with written
Appears in 1 contract
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements to the Premises during the Lease Term except for the roofREPAIRS, foundationREPLACEMENTS, exterior walls (excludingADDITIONS, howeverALTERATIONS, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.INSTALLATIONS
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee 15.1 The Tenant shall, at its sole cost, risk, expense own cost and liabilityexpense, keep and maintain the Premises in good order and condition, the whole as a careful owner would do.
15.2 The Landlord shall be entitled, at any time and from time to time, with reasonable notice, to enter and examine the state of repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilatingmaintenance, and air conditioning equipment located in or serving order of the Premises. At The Landlord may give notice to the Tenant requiring that the Tenant perform all times maintenance and effect all repairs and replacements to which it is obliged pursuant to the Premises terms hereof. Failure of the Landlord to give such notice shall be kept in accordance with not, however, relieve the standards then prevailing in Xxxxx Creek and all Tenant from its obligations under section 14.
1. In the event that the Tenant fails to commence such maintenance, repairrepairs, replacement or replacements within fifteen (15) days of the Landlord's notice and work performed pursuant to this section complete the same with reasonable diligence, the Landlord shall have the right, but not the obligation, to elect, at its sole discretion, to cause the repairs, maintenance, or replacements to be performed undertaken, and to charge the Tenant thereof, acting reasonably. Notwithstanding the foregoing, in accordance with the event of an emergency, the Landlord shall have the immediate right, but not the obligation, without prior notice to the Tenant, to cause such standardsrepairs, maintenance, or replacements to be undertaken, and to charge the Tenant thereof acting reasonably.
7.3 At the expiration 15.3 The Tenant shall not make additions, installations, alterations, improvements, changes or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused additions to the Premises or any part thereof (collectively the Building by the negligence or misconduct of Lessee or any "Improvements") without prior written consent of the Lessee Parties.Landlord, which shall not be unreasonably withheld. As a condition precedent to obtaining the Landlord's consent, the Tenant shall submit to the Landlord:
7.5 As used in this Section 715.3.1 the plans and specifications relating to the Improvements;
15.3.2 all necessary permits from the appropriate public authorities;
15.3.3 the name of its contractor and proof, "repair and maintenance" shall include repairs and replacementssatisfactory to the Landlord, and the standard shall be the good, clean and safe condition of that such contractor is adequately insured against risks which a first class business park building in north suburban Atlanta, Georgia.prudent contractor would normally insure against;
Appears in 1 contract
Samples: Lease (Total Entertainment Inc)
Maintenance. 7.1 (a) Except only for maintenance and repairs to be performed or made by Lessor as expressly provided in subsections (b) and (c) below, and ordinary wear and tear (provided good maintenance practices are employed, but this exception shall not excuse Lessee from any obligation hereunder to make necessary repairs or replacements), the Lessee shall keep and maintain the Leased Premises in a neat, clean and sanitary condition and in at least as good order, repair, and condition as same are now in or in such better condition as they are placed in during the term hereof (and shall make any necessary replacements), including without limitation the maintenance and repair of: any improvements constructed or installed by Lessee; all electrical, plumbing, gas, HVAC and sewage facilities exclusively serving the Leased Premises; interior walls, floors, and ceilings; sprinklers, fixtures, signs (if and where permitted) and all interior building appliances and similar equipment; and the exterior and interior portions of all windows, window frames, doors, door frames, and all other glass or plateglass thereon. Lessee shall be responsible for the cost of repairs to the Building (including the Common Facilities and the Leased Premises) and the Property caused by any act or negligence of Lessee or Lessee's Agents, including damage to the roof, foundations and exterior walls of the Building and Leased Premises or to the utilities servicing the Building and the Leased Premises; and if such repairs are required, Lessor may demand that Lessee make the same forthwith, at its sole cost or expense, or Lessor may cause such repairs to be made and the cost of same shall be paid by Lessee, as additional rent, promptly upon demand therefor.
(b) The Lessor shall, promptly after receipt of written notice from the Lessee, make any necessary repairs to the roof, foundations and exterior walls of the Leased Premises and the Building and the common utility systems of the Building; provided Lessor shall not be
(c) Lessor shall maintain the Common Facilities in at least as good order and repair as same are now in, except for repairs and maintenance made necessary by any act or negligence or default of Lessee or Lessee's Agents, in which case such repairs and maintenance (and/or replacement) shall be made by Lessee at its sole cost and expense. The Common Facilities shall be subject to the exclusive control and management of the Lessor who shall have the right, without limitation, and in addition to the previous provisions hereof: to police the same; to change the area, level, location and arrangement of Common Facilities; to close all or any portion of said areas or facilities to such extent as may be legally sufficient to prevent a dedication thereof or the accrual of any right to any person or the public therein; and to close temporarily all or any portion of the parking areas (if any) to discourage noncustomer parking and for the reasonable stockpiling of snow. The Lessor shall operate the Common Facilities in such manner as the Lessor in its reasonable discretion shall determine.
(d) Except as specifically provided in subsections (b) and (c) above, Lessor shall not be obligated to maintain responsible for any maintenance or make any repairs or replacements to the Premises during Leased Premises, the Lease Term except for Building or the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance Property. All costs incurred by Lessor in performing its obligations under this Section 9.1 shall be included as a part of the Premises.
7.2 Upon commencement of the Lease TermOperating Costs, Lessee shall accept (excepting Punch List items) the Premises for its intended useas provided in Article 5 hereof, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all except if such maintenance, repair, replacement and work performed pursuant repairs are due to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or willful misconduct of Lessor, its agents, or employees.
(e) If in any Lease Year the amount paid by Lessee or any for repairs and replacements of the Lessee Parties.
7.5 As used in this Section 7HVAC system of the Leased Premises exceeds $10,000, "repair Lessor shall pay to Lessee, within ten (10) days after Lessee's written request and maintenance" shall include repairs presentation of reasonable documentation of such costs and replacementspayment thereof, an amount equal to 50% of such excess; and the standard amount so paid by Lessor shall not be included as a part of the good, clean and safe condition of a first class business park building in north suburban Atlanta, GeorgiaOperating Costs.
Appears in 1 contract
Samples: Lease (Evergreen Solar Inc)
Maintenance. 7.1 Lessor shall not be obligated Landlord agrees to maintain or make any repairs or replacements to the Premises during the Lease Term except for the roof, foundation, foundation and exterior walls of the Property during the term of this Lease except for any damage caused by the actions of the Tenant. The Landlord also agrees to warrant the HVAC system against repairs with the stipulation that the Tenant keeps an HVAC maintenance contract in place on the system with a licensed HVAC contractor. Said maintenance agreement to cover filter changes, and any other periodic service required. Subject to the foregoing, Tenant agrees to maintain the Property in first class condition, including the interior (excludingair conditioning, howeverelectric, glass doors), all exterior sewer and plumbing included) and exterior utility lines to of the Buildingimprovements (including any landscaped areas around the bldg.), and the Common Areaparking areas at Tenant's expense. NOTE: ON THE ABOVE ITEMS THAT ARE THE RESPONSIBILITY OF THE TENANT, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee THE SCOPE OF "MAINTENANCE" IS TO INCLUDE ROUTINE MAINTENANCE AND ANY REPAIRS MADE NECESSARY BECAUSE OF THE TENANTS USE OR NEGLIGENCE. ANY REPAIRS NECESSARY BECAUSE OF DEFECTIVE CONSTRUCTION OF MATERIALS SHALL BE THE RESPONSIBILITY OF THE LANDLORD. Tenant shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this the Lease, Lessee shall by lapse of time or otherwise, surrender the Premises (and the keys thereto) Property in as good condition as when receivedfirst class condition, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear onlyexcepted. Subject to any lien Landlord may have, excepted.
7.4 Nothing Landlord agrees that all trade fixtures, equipment and inventory placed in this Section 7 or on the Property by Tenant shall be deemed remain the sole Property of Tenant and Tenant shall have the right to relieve Lessee from remove the same at the end of the Lease term, provided that the Tenant is not in default of any liability which Lessee may have to Lessor under the terms provisions of this Lease lease agreement. Notwithstanding the foregoing, any Leasehold improvements or otherwise, on account of any damage as may be caused fixtures attached to the Premises or the Building Property by the negligence or misconduct of Lessee or any Tenant shall become Property of the Lessee PartiesLandlord.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Lease (Pods Inc)
Maintenance. 7.1 Lessor (a) Landlord shall not be obligated to maintain or make any repairs or replacements to the Premises during the Lease Term except for the roofkeep, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Buildingmaintain, and repair the Common Area, Property and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premisesany part thereof, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glassthe Improvements, in good order condition and repair; provided, however, that Tenant shall be responsible at its sole cost and expense for all maintenance, repairs or replacements which are necessary to keep the Property or any part thereof in good condition and repair which arise as a result of (i) the gross negligence or willful misconduct of Tenant, its employees, agents, contractors, licensees or invitees, or (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance failure of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all Tenant to report any such maintenance, repair, replacement and work performed repairs or replacements pursuant to Section 9(c).
(b) Notwithstanding the foregoing, Landlord's total out-of-pocket expenses incurred in connection with this section Section 9 shall not in any event exceed Ninety Thousand and No/100 Dollars ($90,000.00) per Lease Year (the "Maintenance Expense Cap"), and Landlord shall not be required to (i) make any expenditure in excess of the Maintenance Expense Cap or (ii) perform any maintenance, repairs or replacements if the cost of said maintenance, repairs or replacements would exceed the Maintenance Expense Cap. Landlord may, in its sole discretion and upon Tenant's request, perform or cause to be performed such maintenance, repairs or replacements in excess of the Maintenance Expense Cap. All maintenance, repairs and replacements on the Property or Improvements shall be performed by and at the direction of Landlord and with contractors and subcontractors approved by Landlord in accordance its sole discretion. To the extent that any maintenance, repairs and replacements are at Tenant's cost and expense, Tenant shall reimburse Landlord within ten (10) days of the completion of said maintenance, repair or replacement for all costs incurred by Landlord, plus Interest from the date such expense was incurred by Landlord to the date that the full amount to be reimbursed plus all Interest accrued thereon has been paid to Landlord.
(c) Tenant shall promptly inform Landlord of all maintenance, repairs or replacements which are required to the Property during the Term and Landlord shall have no liability to Tenant for the failure to make any repairs to the extent Tenant has not provided such notice to Landlord.
(d) For the avoidance of doubt, Tenant shall be solely responsible for all of Tenant's operations at the Facility and Landlord shall have no obligation to provide any labor or services in connection with such standardsoperations.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Lease Agreement (Southwest Iowa Renewable Energy, LLC)
Maintenance. 7.1 Lessor REPLACEMENT: Tenant shall not be obligated to maintain or make any repairs or replacements to solely responsible for maintaining the Leased Premises during in good, clean, safe, and attractive condition, for keeping the Lease Term except same clean and free of trash and debris. Landlord shall be responsible for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon heating, ventilation, air conditioning, plumbing and electrical systems. In the event Landlord chooses to purchase a maintenance contract to provide for said HV AC systems, Tenant shall share the expense of said maintenance contracts not to exceed $500 per year . Landlord shall be responsible for structural and roof repairs provided that repairs are not necessary due to the negligence of Tenant. Tenant shall have the right to replace any structures, fixtures and equipment provided by Landlord under this Lease at such time as the same are in need of replacement (subject to Article 13 above ), and possession of all such replacement structures, fixtures and equipment shall be surrendered up to Landlord along with delivery of the Leased Premises and the facility at the end of the Term and/or Extended Term. Should Landlord fail to repair any roof leak or structural defects which were not caused by negligence of the Tenant and or it's invites then Tenant shall have the option to make necessary repairs at Tenant's sole cost and expense or terminate the lease by giving Landlord written notice. Tenant shall not commence 174 or permit the commencement of any leasehold improvements of the Leased Premises or the renovation, enlargement, demolition or material modification of any part of the Facility except with the prior written approval of Landlord in each instance; following each instance in which such approval has been granted, Tenant shall provide copies of as-built drawings of same promptly upon completion. Tenant shall keep premises free and clear of any and all mechanics liens for the duration of this lease. This Article shall survive Termination or expiration of this Lease. Tenant shall, for the duration of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, term and Lessee shallany extensions thereof, at its sole cost, risk, expense own cost and liabilityexpense, keep and maintain the Premises or cause to be kept and maintained in good order condition and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard provisions of Article 19 hereof excepted, all buildings and improvements at any time erected on the demised premises and shall be use all reasonable precaution to prevent waste, damage or injury to said buildings and improvements. Tenant (if third persons are not obligated with respect thereto) shall also at its own expense maintain, keep open, free from obstruction and in good repair, all electric, water, sewer and other utility lines and connections, conduits, pipes, catch basins, manholes, poles, lighting fixtures and other related facilities situated in, under or on the good, clean premises. Tenant shall also at Tenant's expense maintain in good condition the landscaping and safe condition of a first class business park building in north suburban Atlanta, Georgiaprovide for trash removal.
Appears in 1 contract
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shallLessee, at its sole costown expense, riskshall at all times, expense and liability, keep and (i) maintain the Premises Property in a good order state of condition, and repairin a manner consistent with the standards of operation and maintenance employed at facilities similar to the Property and owned or operated by Lessee, normal wear and tear and damage by casualty and condemnation excepted, (ii) maintain the Property in accordance with the requirements of all insurance policies relating to the Property required to be maintained hereunder and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; Applicable Laws and (iii) make repairs and Alterations of the Property necessary to keep the Premises free from all littersame in the condition required by the preceding clauses (i) and (ii), dirtwhether interior or exterior, debris structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen and obstructions regardless of whether such expenditures would constitute expenses under GAAP if made by the owner of the Property; provided, if such repairs are structural and in pursuant to Section 8.3 require the consent of the Lessor (because they materially reduce the value of the Property), Lessee shall obtain such consent before performing such repairs. At least once annually Lessee shall deliver to Lessor Lessee's scheduled maintenance program for the following twelve (12) month period. If normally done as a clean part of preparing such schedule, Lessee shall include expected timing of the proposed repair or maintenance item, and sanitary conditionthe estimated cost thereof. Lessor acknowledges that Lessee is not bound by such schedule, which is submitted for informational purposes only and the information contained therein shall not create any presumption against Lessee whatsoever that the work described therein is required to satisfy the maintenance requirements of this Lease. Lessee shall enter into a contract approved by Lessor for not be bound to perform all of the work set forth on the schedule, it being understood that delivery of the schedule neither expands nor reduces Lessee's maintenance of all heating, ventilating, and air conditioning equipment located in or serving obligations under this Lease. During the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination Term of this Lease, Lessee shall surrender have the Premises (and exclusive right to select the keys thereto) in property manager for the Property. It is hereby acknowledged that, as good condition as when receivedof the date of this Lease, loss the property manager is Xxxxxxxx Xxxx Company by fire or other casualty not the result virtue of any act or omission of a contract with Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed which contract is personal to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacementsLessee, and the standard shall be the good, clean and safe condition of to which Lessor is not a first class business park building in north suburban Atlanta, Georgiaparty.
Appears in 1 contract
Samples: Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.)
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements to XXXXXX acknowledges it has inspected the Leased Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shallmaintain, at its sole costcost and expense, risk, expense the grounds and liability, keep all equipment and improvements on the Leased Premises1 and to promptly make any and all repairs or replacements as necessary. LESSEE also agrees to maintain the Leased Premises and its improvements and equipment in good operating order and in a neat, orderly and presentable condition consistent with good business practices. This obligation to repair includes the obligation to make all repairs to the Hangar (including the roof and exterior structures of the Hangar) and aprons now or hereafter constructed on the Leased Premises by the LESSEE. LESSEE agrees to pay for all utilities consumed on the Leased Premises including interior and exterior utility lines, equipment, fixtures and connections owned or installed by or for LESSEE. XXXXXX shall also be responsible for snow removal in or on the Leased Premises. In the event the United States of America or another agency, governmental or otherwise, not hired, paid or employed by LESSOR to do so, should take over, supervise and operate runways, landing areas, lights, radio control tower, and other aerial navigation aids or facilities which shall have been operated and maintained at the Airport by LESSOR at its own expense, and LESSEE is required to make payment to such agency for the use of the facilities, then the rentals and fees provided herein for LESSEE to pay LESSOR for that particular use or activity shall terminate, it being the intent hereof that LESSEE shall not be required to pay duplicate charges. LESSOR shall not be liable for any damage either to person or property, whether sustained by XXXXXX or by other persons, due to the Airport, any improvements thereon or any part thereof or any appurtenances thereof being out of repair, or due to any accident in or about the Airport, or due to any act or neglect of any tenant or occupant of the Airport or any other person, or due to lack of snow or water removal at the Airport or any part thereof or in connection with the construction of any improvement by LESSOR or its contractors at the Airport. Without limiting the generality of the foregoing, LESSOR shall not be liable for damage caused by water, steam, snow, ice, sewerage, gas, bursting or leaking of pipes or plumbing or electrical causes, or the negligence of contractors, employees, agents, or licensees of LESSOR, unless the damage is proved to be the result of the gross negligence or willful misconduct of LESSOR. Lease and/or the Airport Rules and Regulations and/or the Airport Rules and Regulations, LESSOR shall rights and remedies of LESSOR hereunder, if XXXXXX discovers and reports any maintenance deficiency to LESSEE that XXXXXX is responsible for as defined in compliance with the Lease and requires repair or replacement in order to maintain the Leased Premises, improvements, aircraft ramp, structural integrity or appearance of any structure(s), including without limitation any doors, roof and/or exterior walls, LESSEE will promptly undertake and complete such repairs or replacements at its expense. In the event LESSEE fails to perform its obligations hereunder, LESSOR may, at its sole option, after thirty (30) days notice, undertake and complete any such maintenance, repairs or replacements, but will have no obligation to do so, and the cost thereof will be deemed additional rent and will be paid by LESSEE to LESSOR no later than thirty (30) days after the date of invoice from LESSOR to LESSEE for such costs. LESSEE will provide a complete and proper arrangement for the frequent and adequate sanitary handling and disposal, away from the Airport, of all trash, garbage and other refuse caused as a result of the occupancy or use of the Leased Premises. All maintenance, repairs, additions or other work of any kind or nature performed, constructed or installed by or on behalf of LESSEE in or upon the Leased Premises, will conform in all respects to (a) all applicable governmental codesfederal, state and local statutes, ordinances and regulations. Lessee shall also building codes, (ib) keep all sewer applicable rules and utility lines servicing regulations promulgated by LESSOR including this section and the PremisesSAA Airport Rules and Regulations, includingand (c) the SAA’s Master Plan, without limitationdesign standards, all sewer connectionsif any, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free Airport, as promulgated by XXXXXX from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant time to this section shall be performed in accordance with such standardstime.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Airport Lease Agreement
Maintenance. 7.1 Lessor At all times during the Term, Tenant shall not be obligated maintain the Premises commensurate with a first-class standard consistent with instructional sites of state universities of similar size and quality, and, in all events, in a manner reasonably expected to protect and preserve the assets that compose the Premises. Tenant shall budget and endeavor to obtain such funds as are necessary to maintain or make any repairs or replacements to the Premises during at or above the Lease Term except for standard set forth above, reasonable wear and tear excepted. During the roofTerm, foundationTenant shall maintain (and repair, exterior walls (excluding, however, glass doors), all exterior sewer replace and exterior utility lines to alter as necessary) the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance entirety of the Premises.
7.2 Upon commencement of , including but not limited to fixtures, improvements, appurtenances, roofs, ceilings, walls, foundations, floors, plumbing, mechanical, electrical, HVAC systems, building systems, pipes, doors, windows, glass, and all other equipment and all personalty located on or about the Lease TermPremises, Lessee in a safe, clean, sightly, and sanitary condition and in good order and repair and in the same condition as they were at the Commencement Date, reasonable wear and tear excepted. Except for routine and regular maintenance activities that may be undertaken by Tenant’s facilities department, Tenant shall accept (excepting Punch List items) utilize appropriately licensed and fully bonded and insured contractors with regard to any maintenance, repair or replacement issues conducted on the Premises for its intended usethat extend beyond regular and routine maintenance, repair and Lessee shallreplacement. Tenant shall maintain (and repair and replace as necessary) all pavement, at its sole costparking areas, riskdriveways, expense and liabilitysidewalks, keep and maintain curbs, gutters, landscaping located on the Premises Premises, or otherwise used in connection therewith in good order and repair, reasonable wear and tear excepted. Tenant’s maintenance obligations shall include, without limitation, maintenance, repairs, remediation, renovations, and improvements necessary to keep the Premises in compliance with all applicable governmental codesfederal, ordinances state, or local laws, rules, and regulations. Lessee shall also , including without limitation Environmental Laws (idefined below), the Americans with Disabilities Act (“ADA”) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilatingany similar applicable state or local access laws, and air conditioning equipment located in or serving applicable requirements of the PremisesTahoe Regional Planning Agency (“TRPA”). At all times During the Premises Term, Landlord shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenancehave no obligation whatsoever to alter, remodel, improve, repair, replacement replace, renovate, retrofit or maintain the Premises or any portion thereof. If the payment of any of the costs, expenses, and work performed liabilities set forth in this paragraph are subject to the sovereign immunity limitations set forth in NRS Chapter 41 or indemnification limitations in NRS Chapter 333, and (1) such expenses are not covered by any policy of insurance required under this Lease, and (2) Tenant does not otherwise pay all such amounts in excess of those limits, then Landlord shall have the right to terminate the Lease pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination Section 19 of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Campus Buildings and Grounds Lease
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements (a) Subject to the Premises during the Lease Term except for the roofprovisions of Section 18, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee Tenant shall, at its Tenant's sole costcost and expense, risk, expense and liabilityduring the entire Term, keep and maintain in good order, condition and repair the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premisesevery part thereof, including, without limitationbut not limited to, all sewer connections, plumbing, sewage, fixtures, interior walls, storefront(s), showcases, skylights, all electrical facilities and equipment, lighting fixtures, lampxxx, xxns and electrical motors, all other appliances and equipment of every kind and nature, sprinkler equipment (if any), and any other mechanical systems in the Premises. Tenant's obligations shall include, but shall not be limited to, the obligation to replace when necessary any of the items required to be maintained by Tenant at its sole cost and expense. Such replacement items shall be of comparable quality to those that they are replacing. If Tenant fails to perform Tenant's obligations under this Section 11, Landlord may, at Landlord's option enter upon the Premises and put the same in good order, condition and repair and make such replacements as may be necessary, and the cost thereof shall become due and payable as additional rent by Tenant to Landlord upon demand, but nothing in this sentence contained shall be deemed to impose a duty upon Landlord or affect in any manner the obligations placed upon Tenant by this Section 11. Any such entry by Landlord shall not be deemed to be an eviction of Tenant.
(b) Tenant shall provide for (at Tenant's cost and expense as hereinafter set forth) the maintenance, repair and replacement of the heating, ventilating and air conditioning equipment and appliances, wiring and glass, (HVAC) in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee (c) Tenant shall surrender the Premises furnish (at Tenant's costs and expense as hereinafter set forth) trash and garbage receptacles and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result removal of any act or omission of Lessee, or ordinary wear trash and tear only, exceptedgarbage from said receptacles.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Lease Agreement (Dominion Homes Inc)
Maintenance. 7.1 Lessor will, upon Lessee’s notice or as such need becomes known to Lessor, make all necessary repairs to and perform all necessary maintenance upon the Building and all parts thereof, as such are required in the normal maintenance and operation of the Building and the Leased Premises, except those repairs for which Lessee is expressly responsible pursuant to any other provisions of this Lease, those repairs that other Tenants are responsible for with respect to their premises under the provisions of said Tenants’ leases and except as provided in Sections 16 and 17 hereof. In so doing, Lessor may close wholly, or in part, or may use any entrances to the Building or the Leased Premises provided an entrance for ingress and egress is maintained. Lessor, through Lessor’s property management agent, shall keep the Leased Premises and the common areas reasonably clean, without cost to Lessee, and no person or persons other than the property management agent, will be permitted to enter the Leased Premises for such purpose without the prior written consent of Lessor. Lessee shall not be obligated cause or permit others to maintain or make any repairs or replacements cause unnecessary labor by reason of carelessness and indifference to the preservation of good order and cleanliness of the Leased Premises during and the Lease Term except for common areas, or of other parts of the roofBuilding to which Lessee is permitted to have access, foundation, exterior walls (excludingprovided, however, glass doors)that Lessee shall have the right, upon prior written request to Lessor, to restrict access of such property management service (i.e., janitorial service personnel) to certain specified areas. Property management service will not include polishing of furniture or any personal service. Lessee shall have the right to notify Lessor of any objections to or deficiencies in janitorial service and Lessor shall, if necessary, take appropriate action in order to remedy such objections or deficiencies. Lessee shall be responsible for the cost of the maintenance and repair of the inner surfaces of the wait, floors (including carpets and other floor covering) and ceilings of the Leased Premises, ordinary wear and tear accepted. Lessee shall be responsible for all exterior sewer repairs, interior and exterior utility lines exterior, structural and nonstructural, ordinary and extraordinary, in and to the Leased Premises, the Building, and the Common Areafacilities and systems thereof, the need for which arises out of Lessee’s moving property in or out of the Building, or the installation or removal or furniture, fixtures, or other property by Lessee or in the act, omission, manner of occupancy, misuse or neglect of Lessee or any of its sublessees or its or their employees, agents, servants, contractors or invitees. Lessee shall promptly make, at Lessee’s expense, all repairs in or to the Leased Premises for which Lessee is responsible, and any repairs required to be made by Lessee covenants and agrees to assume all responsibility of repair and maintenance the mechanical, electrical, sanitary, heating, ventilating, air conditioning, or other systems of the Premises.
7.2 Upon commencement of Building shall be performed only by contractor(s) designated by Lessor. Any other repairs in or to the Lease Term, Building and the facilities and systems thereof for which Lessee is responsible shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shallbe performed by Lessor at Lessee’s expense; but Lessor may, at its sole costoption, riskbefore commencing any such work or at any time thereafter, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. require Lessee shall also to furnish to Lessor such security (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connectionsa bond issued by a corporate surely licensed to do business in Louisiana) as Lessor shall deem necessary to assure the payment for such work by Lessee. Lessor shall have the right, plumbingfrom time to time, heatingto establish, ventilating modify and air conditioning equipment enforce reasonable rules and appliances, wiring regulations with respect to the common areas and glassto do and perform such other acts as Lessor shall, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litteruse of its business judgment, dirt, debris and obstructions and in determine to be advisable with a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused view to the Premises or the Building convenience and use thereof by the negligence or misconduct of Lessee or any of the Lessee PartiesLessees, their officers, agents, employees and clients.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shallTenant, at its sole cost, riskshall keep in first class order, expense condition and liabilityrepair, keep and maintain the Premises in good order and repairevery part thereof, interior and exterior, roof, and all adjacent sidewalks, landscaping, driveways, parking lots and signs located within or adjacent to the Premises and shall make all replacements necessary to keep the Premises in compliance such condition. All repairs and replacements shall be of a quality equal to or exceeding that of the original. Tenant shall do all acts necessary to comply with all applicable governmental codesApplicable Laws. Landlord shall not have any responsibility to maintain the Premises, ordinances and regulations. Lessee provided that Landlord shall also remain responsible for the repair of (i) keep all sewer the structure and utility lines servicing foundation of the PremisesBuilding, includingto the extent such damage was not caused by Tenant, without limitationits employees, all sewer connectionsagents, plumbingcontractors, heatingor invitees, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services any latent defects to the Building, to the extent constructed by Landlord, its agents, employees or contractors. Tenant waives the provisions of Civil Code Sections 1941 and 1942, and any amendment or successor statutes thereto, with respect to Landlord's obligations for the Premises; and (iii) keep tenantability of the Premises free and Tenant's right to make repairs and deduct the expenses of such repairs from all litterrent. Should Tenant fail to make these repairs and replacements or otherwise to maintain the Premises for a period of thirty (30) days after written demand by Landlord, dirtor should Tenant commence or fail to complete, debris any repainting, repairs or replacements within a reasonable time after written demand by Landlord, Landlord may make the same without liability to Tenant for any loss or damage that may occur to Tenant's business, except any resulting from the gross negligent or intentional acts or omissions of Landlord, and obstructions Tenant shall pay to Landlord the costs incurred by Landlord in making such repairs or replacements together with interest thereon at the maximum rate permitted by law from the date of commencement of the work until repaid. Tenant shall contract with a service company licensed and experienced in a clean servicing HVAC equipment and sanitary condition. Lessee shall enter into a contract approved by Lessor Landlord for regular maintenance and replacement, if required by Landlord, of the maintenance of all heating, ventilating, and air conditioning HVAC equipment located in or serving the Premises. At all times The cost of the Premises contract and any required replacements or repairs shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standardspaid by Tenant.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Net Lease Agreement (Financial Pacific Insurance Group Inc)
Maintenance. 7.1 Lessor Tenant shall not be obligated to maintain or make at all times, including any repairs or replacements to the Premises during the Lease Term except for the roofRequisition period, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liabilityput, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Leased Premises, including, without limitation, all sewer connectionsthe roof, plumbinglandscaping, heatingwalls (interior and exterior), ventilating footings, foundations, parking lot improvements and air conditioning equipment structural and appliances, wiring and glass, mechanical components of the Leased Premises in good order repair and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilatingappearance, and air conditioning equipment located shall promptly make all repairs and replacements (substantially equivalent in quality and workmanship to the original work) of every kind and nature, whether foreseen or serving unforeseen, which may be required to be made upon or in connection with any of the Premises. At all times Leased Premises in order to keep and maintain the Leased Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition repair and appearance as when receivedthey were as of the Commencement Date. Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, loss by fire reason of or in connection with any excavation or other casualty building operation upon any of the Leased Premises, whether or not the result Landlord shall, by reason of any act Legal Requirements or omission of LesseeInsurance Requirements, be required to take such action or be liable for failure to do so. Landlord shall not be required to make any repair, whether foreseen or unforeseen, or ordinary wear to maintain any of the Leased Premises in any way, and tear onlyTenant hereby expressly waives the right to make repairs at the expense of the Landlord, excepted.
7.4 which right may otherwise be provided for in any law now or hereafter in effect. Nothing in this Section 7 the preceding sentence shall be deemed to relieve Lessee preclude Tenant from being entitled to any liability which Lessee may have Proceeds or Awards for Restoration pursuant to Lessor under the terms of this Lease or otherwiseLease. Tenant shall, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7all events, "repair and maintenance" shall include make all repairs and replacementsfor which it is responsible hereunder promptly, and the standard all repairs shall be the in a good, clean proper and safe condition of a first class business park building in north suburban Atlantaworkmanlike manner. If any such repair or maintenance constitutes an "Alteration" as defined herein, GeorgiaParagraph 11 below shall govern Tenant's completion thereof with respect to notices to and/or consents from Landlord and. the requirement for supervision by an architect or engineer.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (Aei Income & Growth Fund 25 LLC)
Maintenance. 7.1 Lessor (a) Landlord shall not be obligated to maintain or make any repairs or replacements to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repairrepair and in a first class manner the Building, including the Building structure and systems, the foundation, roof, exterior walls, elevators, electrical, plumbing, HVAC systems, entrance, sidewalks, lobbies, stairways, landscaped areas, parking garage and common areas and facilities. Landlord shall be responsible for causing the lobby, other common areas, and exterior areas, sidewalks, driveways, parking garage, exercise facility, entrances and core area restrooms on all floors leased by Tenant to comply with the requirements of Title III of the ADA, all Environmental Laws (hereinafter defined), provided however, that with regard to the bathrooms on the floors leased by Tenant (i) Landlord shall install in compliance each an alarm visual strobe and insulate the sink hot and drain pipes that are exposed under the counter tops, and (ii) Tenant shall perform all ADA changes required as a result of Tenant installing, at Tenant's expense, a rear door in the womens' bathrooms, which doors Landlord consents to Tenant installing, provided they are installed in accordance with all applicable governmental codeslaws, ordinances codes and regulations. Lessee Landlord agrees that the base Building fire alarm system shall also (i) keep all sewer be adequate to accommodate the strobes and utility lines servicing annunciators required by the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, provisions of the District of Columbia Code to be installed in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litterby Tenant as part of the Tenant Improvement Work. Where Improvements or any other alterations made by Landlord or by Tenant after execution of this Lease trigger "path of travel" requirements under the ADA, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises party making such alterations shall be kept in accordance responsible for satisfying such requirements. Any changes to the Building necessary to cause such common and public areas to comply with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section requirements of Title III of the ADA or Environmental Laws shall be performed at Landlord's expense and shall not be included in accordance with the Operating Expenses of the Building, unless such standards.
7.3 At changes are required by the expiration construction of Improvements by or for Tenant or by any other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of LesseeTenant, in which case shall be solely responsible for all costs of any such changes. In addition, Landlord shall remedy, as promptly as is feasible under the circumstances, any material interruption of the Services to be provided to Tenant as set forth in Paragraph 8, above. The Landlord shall in no event be required to make repairs to leasehold improvements made by the Tenant, or ordinary to make repairs to wear and tear onlywithin the Premises. The Tenant agrees to deliver notice to the Landlord, exceptedas promptly as is reasonable under the circumstances, of any defective condition in or about the Premises known to the Tenant which the Landlord is required to repair hereunder; provided, however, that the Tenant's failure to report to the Landlord any such defective condition shall not relieve the Landlord of the Landlord's obligation to repair any such defective condition promptly upon learning of the need for such repair.
7.4 Nothing in this Section 7 (b) Except to the extent a violation is caused by Tenant or any invitee of Tenant, Landlord shall be deemed responsible for causing the Building to relieve Lessee from any liability which Lessee may have comply with all applicable federal and local laws, ordinances, regulations and orders governing asbestos and Hazardous Materials ("Environmental Laws"). Any action necessary to Lessor under the terms of this Lease or otherwise, on account cure a violation of any damage Environmental Laws shall be at Landlord's expense and shall not be included in the operating Expenses of the Building, except that any violation caused by Tenant or an invitee of Tenant shall be cured at Tenant's sole cost.
(c) Landlord shall retain an expert indoor environmental quality consultant (the "Landlord's IAQ Consultant") who shall conduct testing (and prepare written reports of such testing) of the indoor air quality of the Building and such other indoor environmental factors as may be caused to are reasonably tested in first-class office buildings (collectively, "IAQ") one (1) time every other calendar year, for the purpose of determining the normal and acceptable IAQ of the Premises or and the Building by the negligence or misconduct of Lessee or any common areas of the Lessee PartiesBuilding.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements to (a) During the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shallTenant, at its sole costexpense, risk(i) will maintain or cause there to be maintained, expense and liabilitywill keep or cause there to be kept, keep the Premises in good condition and in as reasonably safe condition as its operations permit, and (ii) will make, or cause there to be made, all necessary and proper repairs, renewals, replacements and substitutions thereof (A) resulting from or required by ordinary wear and tear, or want of care, on the part of Tenant or other cause, or (B) required to keep, place and maintain the Premises in good order and efficient operating condition. Tenant will not commit or allow any waste with respect to the Premises, and will not remove, or permit the removal of, any fixtures at any time constituting part of the Premises; provided that in accordance with Section 3.01(a), Tenant may remove such fixtures constituting a part of the Premises as are necessarily required upon the repair, renewal or replacement of the Premises as aforesaid, and the fixtures substituted therefor shall constitute part of the Premises.
(b) Tenant will at its own cost and expense provide and maintain all obstruction lights if required and similar devices, fire protection and safety equipment, and all other equipment of every kind and nature required by any laws, rules, regulations and requirements of any Governmental Authority having jurisdiction over the Premises or the Airport, including the Airport Rules and Regulations.
(c) During the Term, Tenant shall be responsible for providing its own security with respect to the Premises, and the same shall be at Tenant’s expense.
(d) Tenant shall, upon reasonable advance notice from Authority, promptly remove or repair any and all structures not authorized by this Agreement or which may, by reason of use or neglect, become unsound, unsafe or hazardous, and in the case of Tenant’s failure to remove or repair the same, Authority may remove or repair such structures without liability to Tenant or others for damages, and Tenant shall pay the cost of such removal or repair to Authority as additional rent hereunder.
(e) Tenant shall not perform, or permit any other Person under its control to perform, any work on the Premises relating to any repairs, revisions or alterations thereof unless Tenant shall have first obtained any required permits or authorizations from any Governmental Authority having jurisdiction over the Premises or the Airport, and all such work shall be done in a good and workmanlike manner and in compliance with all applicable governmental codesthe laws, statutes, regulations, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep rulings of any Governmental Authority having jurisdiction over the Premises free from or the Airport, including the Airport Rules and Regulations and all litterapplicable building, dirtzoning and other laws, debris ordinances and obstructions governmental regulations and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilatingrequirements, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing requirements, rules and regulations of all insurers of the Premises. Authority agrees to join in Xxxxx Creek the application for any required permit and authorization whenever application by it is required for such permit or authorization, and Tenant shall, as additional rent hereunder, indemnify and reimburse Authority for all such maintenance, repair, replacement costs and work performed pursuant to this section shall expenses which may hereafter be performed incurred by Authority in accordance with such standardsconnection therewith.
7.3 At (f) Tenant shall at all times keep the expiration Premises, together with all property of Tenant located in or other termination of this Leaseon the Premises, Lessee shall surrender the Premises (in an orderly condition and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, exceptedappearance.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Maintenance. 7.1 The Lessee shall:
13.1 advise the Lessor within 14 (FOURTEEN) Days after occupying the premises of any defects in the premises or of any keys, locks windows and electrical installations and fittings which are in a defective state or missing articles and of the condition of the premises.
13.2 at its own expense keep and maintain the interior of the leased premises including the paint work in good order and shall not do any painting which may be obligated necessary from time to maintain or make any repairs or replacements time to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance interior of the Premisesleased premises;
13.3 keep the premises free of insect infestation and in a clean, tidy and sanitary condition;
13.4 not cause or permit the obstruction or blockage of sewerage pipes, water pipes and drains in use in connection with the premises, but shall throughout the currency of this agreement maintain such sewerage pipes, water pipes and drains free from any such obstructions or blockage.
7.2 Upon commencement of 13.5 shall repair and/or replace all fluorescent tubes, ballasts and electric light globes, locks, keys, windows, glazing window fittings, electrical fittings (including electrical hot water geyser, if any) and other interior fittings that may be damaged, destroyed or lost from time to time in the Lease Term, Lessee shall accept (excepting Punch List items) leased premises.
13.6 The –air-conditioning / evaporative cooling system to be serviced by the Premises for its intended use, and Lessee shall, Tenant at its sole cost. This service will mean the normal day to day maintenance required and will include replacement or reconditioning of a compressor, riskfan motors or electrical components such as contactors, expense and liability, keep and transformers or repairing gas leaks. The Lessor shall:
13.7 maintain the Premises in good order and repairexterior structure of the building, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary fair wear and tear onlyexcepted:
13.8 not be under any obligation to make any repairs, excepted.
7.4 Nothing in this Section 7 maintenance or alterations of any nature to the leased premises, to comply with the requirements of any licensing authority, health official, factories inspector or official, fire inspector or any other official or authority but shall not unreasonably withhold its consent to the carrying out by the Lessee at his/its expense of any such work, maintenance, alterations or repairs provided that the Lessor shall be deemed entitled to relieve Lessee from any liability which Lessee may have require same to Lessor be effected by a builder or with the approval of or under the supervision of an architect approved by the Lessor, and the Lessee shall not be entitled to any compensation for any work or improvements effected by him in terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Partiesclause.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Lease Agreement
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any Except for “Landlord Maintenance Obligations” as specified below in this Section 8 and repairs or and replacements to be made by Landlord under its warranty obligations set forth in Section 12 of the Premises Work Letter, during the Lease Term except term of this Lease, Tenant shall, following the date each Phase is available for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shalloccupancy by Tenant, at its sole cost, risk, expense cost and liabilityexpense, keep and maintain in good, first-class repair and condition (making any and all repairs, replacements or renewals, whether structural or non-structural, foreseen or unforeseen, ordinary or extraordinary, interior or exterior appropriate to achieve such a state of repair) the Premises in good order Work and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing other portions of the Premises, including, without limitationbut not limited to, maintenance, repairs and replacements of all sewer connectionsparking lots, driveways and sidewalks, including, but not limited to, snow and ice removal, lawn and landscape maintenance, window and interior/exterior cleaning, roof maintenance, and all other maintenance, repairs and replacements to all portions of the Premises, including, but not limited to, dock equipment and electrical, plumbing, heating, ventilating ventilation and air conditioning equipment (“HVAC”) systems, alarm, sprinkler and applianceslife safety systems. The maintenance, wiring repair and glassreplacement of the Access Drive shall be the responsibility of Tenant and at such time as the adjacent property is developed and is using the Access Drive, Landlord shall cause an agreement for use and maintenance of the Access Drive to be established, in good order form and repair; substance reasonably acceptable to Tenant, which, among other items, will provide for a reimbursement to Tenant of an allocated share of maintenance, repair and replacement expenses attributable to the Access Drive on a commercially-reasonable basis. Thereafter, Tenant shall be responsible for the costs of the Access Drive so allocated to the Premises. Notwithstanding the foregoing, the following items (“Landlord Maintenance Obligations”), shall be the responsibility of, and shall be at the sole cost and expense of Landlord (except as hereinafter set forth): (i) any damage caused by Landlord or its agents, employees or contractors, (ii) provide janitorial services for any repairs or replacements required due to Landlord’s (or its employees’, agents’ or contractors’) failure to comply with its obligations under the Premises; Lease, including its obligation under Section 12 of the Work Letter, and (iii) keep any necessary (1) replacements of the Premises free roof, HVAC, parking lot or other items that would ordinarily be capitalized under GAAP and have a useful life of more than ten (10) years, or (2) repairs or replacements of structural walls, footings, foundation, floor slabs and interior load bearing walls, columns, beams, struts, ties, plates, joists, trusses and items of similar character, of the Building. Landlord shall give Tenant advance notice of the replacements in (iii) above and shall have no obligation to commence any such repairs or replacements until requested in writing by Tenant. Notwithstanding anything herein to the contrary, within twenty (20) days after demand therefore, along with invoices and reasonable supporting documentation, from all littertime to time, dirt, debris and obstructions and in a clean and sanitary condition. Lessee Tenant shall enter into a contract approved by Lessor reimburse Landlord (a) annually for the maintenance annual amortization of all heatingthe cost of replacements described in (iii) above, ventilating, and air conditioning equipment located as amortized over their useful life as determined by Landlord in or serving the Premises. At all times the Premises shall be kept its reasonable discretion in accordance with GAAP, to the standards then prevailing in Xxxxx Creek and all extent the amortization of any such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At costs occurs during the expiration or other termination term of this LeaseLease (with Landlord being responsible for the balance of such costs not amortized over the balance of the term of the Lease (only taking into consideration Renewal Terms actually exercised by Tenant)), Lessee shall surrender and (b) for the Premises costs of all repairs of such items described in (and the keys theretoiii) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 above. Nothing in this Section 7 the foregoing sentence shall be deemed to relieve Lessee make Tenant liable for matters in (ii) above. In the event Tenant exercises its option for the Renewal Term, replacement costs that were being amortized during the Initial Term shall continue to be amortized during the Renewal Term to the extent of the useful life of the replacement. Landlord and Tenant shall perform their respective maintenance, repair and replacement obligations in a customary and good and workmanlike manner, with materials of a quality at least equal to that originally used, consistent with the Premises being a first-class suburban building. Tenant shall keep the Premises, including the Building and the Land, in a neat and good condition. Tenant agrees to furnish and pay for any and all janitorial, cleaning, trash collection and other similar services relating to the maintenance and sanitation of the Building on a regular basis. Tenant shall contract with a reputable HVAC contractor reasonably approved by Landlord for the routine maintenance and repair of the HVAC systems, and shall provide inspection reports to Landlord when requested from any liability which Lessee may have time-to-time. Tenant reserves the right to Lessor retain a third- party property manager to manage the Premises consistent with Tenant’s obligations under this Lease, at Tenant’s sole cost and expense. Notwithstanding anything herein to the terms of this Lease or otherwisecontrary, on account of Tenant shall be responsible, at its sole cost and expense, for any damage caused by Tenant, its employees, agents or contractors. Except as may be caused stated above, and, as to each Phase, following the Premises date such Phase is available for occupancy by Tenant, Tenant waives the right to (a) require Landlord to maintain, repair or the Building by the negligence or misconduct of Lessee rebuild all or any part of the Lessee PartiesPremises, or (b) make repairs at the expense of Landlord pursuant to any legal requirements, contract, agreement, covenant, condition or restriction at any time in effect.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Maintenance. 7.1 Lessor Lessee shall not be obligated to maintain or make any repairs or replacements to the Premises during the Lease Term except have sole responsibility for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement . All personal property, including buildings and structures, on the Premises, shall be at the risk of the Lease Term, Lessee. Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises and all improvements thereon, in good order and substantial repair and condition, including the exterior thereof, and shall make all necessary repairs and alterations thereto. Lessee shall provide proper containers for trash and garbage and shall keep the Premises free and clear of rubbish, debris, litter and weeds. In the event that Lessor determines that Xxxxxx has failed to comply with the terms of this Section, Lessor may, but shall have no obligation to, take such action as is required by this Section, and charge Lessee the actual cost incurred to comply with this Section or a reasonable fee for the services. Snow removal on the Premises is the sole responsibility of Lessee. Snow removal may be performed by Xxxxxx as a courtesy to Lessee on a fee or non-fee basis unless Lessee instructs Lessor in writing that Xxxxxx does not desire to have Lessor remove snow. Lessor may cease to provide snow removal to Lessee or snow removal may not be provided on a particular occasion at Lessor’s sole discretion. Lessee shall not permit parking on the Premises unless the parking areas have been excavated to the proper subgrade and backfilled with an amount of gravel as specified by Lessor. Lessee shall keep the Premises in good maintenance and repair, and shall repair at Lessee’s sole cost and expense, all property, ground, runways, taxiways, and any and all property belonging to Lessor that is damaged or altered by Lessee in compliance with all applicable governmental codes, ordinances and regulationsmaintaining or operating on the Premises. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor have sole responsibility for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the access apron adjacent to the Premises. At all times , if any, that provides the Premises with access to airport taxiways. Lessee shall be kept in accordance with liable for any claim, liability, loss, or damage arising by reason of the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant injury to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result death of any act person or omission persons or by reason of damage to any property, caused by the condition of the access apron, or the acts or omissions of Lessee, or ordinary wear its agents, invitees, licensees, subtenants, assignees, occupants and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms users of this Lease or otherwise, on account of any damage as may be caused to the Premises or any person in or on the Building by access apron with the negligence express or misconduct of Lessee or any implied consent of the Lessee. Lessee Partiesshall indemnify and hold the Lessor harmless from all such liability. In the event that Xxxxxx’s personal property is damaged by Xxxxxx’s equipment or personnel, Xxxxxx agrees to reimburse Lessee reasonable repair or replacement costs for any such damages incurred.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Airport Ground Lease Agreement
Maintenance. 7.1 a. The Lessor shall not be obligated to keep and maintain or the foundation, outer walls, roof and buried conduits of the premises in good repair, except that the Lessee shall make any such repairs occasioned by the negligence of Lessee, its agent, express or replacements to the Premises during the Lease Term except for the roofimplied invitees, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premisesor employees.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shallb. The Lessee, at its sole costexpense, risk, expense and liability, shall keep and maintain the Premises in good order demised premises, as now or hereafter constituted with all improvements made thereto, including glass, (reasonable wear and repairtear excepted), and in compliance with shall make all applicable governmental codesrepairs, ordinances replacements and regulations. renewals, whether ordinary or extraordinary, seen or unforeseen, including all structural repairs to the interior necessary to maintain the demised premies.
c. Lessee shall also (i) keep all sewer be responsible for the operation, upkeep, repair and utility lines servicing replacement of the Premisesair-conditioning and heating system and plumbing, includingexcept where the repair or replacements are covered under a warranty running in favor of the Lessor.
d. If Lessee fails to repair property as required hereunder to the reasonable satisfaction of Lessor as soon as it is reasonably possible, after written request, Lessor shall hereby have the right to enter the leased premises as is necessary to effect repairs and to make such repairs at Lessee's expense, without limitationliability for any loss or damage that may accrue to Lessee's merchandise, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration fixtures or other termination property or to Lessee's business by reason thereof. Upon completion of this Leasesuch repairs, Lessee shall surrender pay as additional rent Lessor's costs for making such repairs within ten (10) days of presentation of the Premises (and the keys thereto) in as good condition as when receivedxxxx therefor by Lessor, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 which shall be deemed conclusive evidence of the amount of such costs. Lessee's failure to relieve Lessee from any liability which Lessee may have to Lessor make such repayment shall constitute a default under the terms of this Lease or otherwise, on account Lease. Nothing herein shall imply any duty upon the part of the Lessor to do any damage as may be caused to the Premises or the Building such work and performance of such work by the negligence Lessor shall not constitute a waiver of the Lessee's failure to have performed such work.
e. Lessee shall indemnify and hold Lessor harmless from and against any an all costs, expenses, claims losses, damages, fines or misconduct penalties, including reasonable attorney's fees, because of Lessee or due to Lessee's failure to comply with any of the provisions of this Lease, including Lessee's duty to repair. Lessee Parties.
7.5 As used shall not call upon Lessor for any disbursement or outlay of money whatsoever in this Section 7, "repair and maintenance" shall include connection with such repairs and replacementshereby expressly releases and discharges Lessor of an from any liability or responsibility whatsoever in connection therewith, and including any repairs made by Lessor pursuant to the standard shall be the good, clean and safe condition terms of a first class business park building in north suburban Atlanta, GeorgiaSubsection (d) above.
Appears in 1 contract
Samples: Business Lease (Triple a Homes Inc)
Maintenance. 7.1 Lessor All expenses of maintenance of the Leased Premises and additions thereto shall not be obligated to maintain or make any repairs or replacements to the Premises during the Lease Term except for the roof, foundation, exterior walls (excludingborne solely by Tenant; provided, however, glass doors)that as to any major structural or other capital repairs or replacements, all exterior sewer and exterior utility lines Tenant shall only be responsible for a percentage of the cost equal to the Building, ratio between the remaining term of this lease and the Common Area, useful life of such capital repair or replacement. All maintenance and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved repairs performed by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in Landlord or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section Tenant shall be performed in accordance with such standards.
7.3 At all applicable laws. In the expiration or other termination event during the term of this Leaselease Landlord reasonably determines that repairs should, Lessee shall surrender from time to time be made, and gives notice of such needed repairs to Tenant in writing, Tenant agrees promptly to make (or commence in the Premises event such repairs cannot reasonably be completed within thirty (and the keys thereto30) days in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 which event such repairs shall be deemed completed as quickly as reasonably possible) such repairs within a period of thirty (30) days after such notification, and should it fail to do so, Landlord shall have the right to perform such repairs, and any monies expended therefor shall immediately become due and payable by Tenant to Landlord as additional rent. Performance by Landlord of said work shall not operate, however, so as to relieve Lessee from any liability which Lessee may have Tenant of its default in failing to Lessor under make such repairs. No mechanics’ liens shall be placed against the terms of this Lease or otherwise, Leased Premises on account of any damage improvement made, or labor or materials furnished incident thereto as may be caused to the Premises or the Building by the negligence or misconduct request of Lessee Tenant, or any contractor or subcontractor under, or in privity with Tenant, and all contractors, subcontractors, laborers, mechanics, materialmen and others are called upon to take due notice of this clause, it being the intent hereby to expressly prohibit any such lien. As to any repair or replacement to the Leased Premises that either party is entitled to receive reimbursement for all or part of the Lessee Partiescost thereof from the other party pursuant to the terms hereof, prior to making such repair or replacement the party making such repair or replacement shall provide in writing an itemized cost estimate and scope of work therefor and provide such other party a reasonable opportunity to review and minimize such cost. Upon the performance of any such repair or replacement by a party hereto for which such party is entitled to receive reimbursement for all or part of the cost thereof from the other party hereto, the party performing such repair or replacement shall provide a written invoice to the other party, which party shall pay the amount invoiced in full within fifteen (15) days of the delivery of such invoice.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Maintenance. 7.1 Lessor (a) Subtenant shall, at its sole cost and expense, keep, maintain and repair the Sublease Premises as required by Section 6.01(a) of the Master Lease, except for those items to be maintained by Sublandlord as provided in Section 7(c) hereof. Without limiting the foregoing, Subtenant shall not be obligated to maintain or make responsible for repairing any repairs or replacements damage to the Sublease Premises during or the Building caused by Subtenant or its employees, agents or contractors which is beyond normal wear and tear, and Sublandlord shall have no liability therefore. Subtenant hereby expressly waives all rights to make repairs at the expense of Sublandlord as provided in Section 1942 of the California Civil Code; provided, however, that Subtenant may make emergency repairs if Subtenant has notified Sublandlord of an emergency condition needing immediate repair and the Sublandlord is unable or unwilling to make such immediate repairs within a reasonable time under the circumstances.
(b) The waiver of liability provided in the last sentence of Section 6.01(b) of the Master Lease Term shall apply to Sublandlord’s obligation to repair and maintain the Sublease Premises, and is incorporated herein by reference, with references to “Lessor” therein deemed to refer to Sublandlord and references to “Lessee” therein deemed to refer to Subtenant.
(c) Except for those items to be repaired, maintained or replaced by Master Landlord under the Master Lease, and except for the roofSublease Premises (which shall be maintained by Subtenant), foundationSublandlord shall be responsible for the maintenance, exterior walls repair and replacement of the Building, including the Building Systems and the Building Common Areas (excludingas hereinafter defined), subject to Subtenant’s obligation to reimburse Sublandlord for Subtenant’s Percentage Share of the Building Maintenance Costs as provided in Section 7(d) hereof; provided, however, glass doors), all exterior sewer and exterior utility lines that notwithstanding anything in this Sublease to the Buildingcontrary, and Subtenant shall be responsible for the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the HVAC within the Sublease Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulationsSublandlord shall have no responsibility therefor. Lessee Sublandlord shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all not have an obligation to perform such maintenance, repairrepairs or replacements of the Building, replacement Building Systems or Building Common Areas unless and work performed until Subtenant has given Sublandlord notice of the need for such maintenance, repairs or replacements. The “Building Common Areas” shall mean the exterior Building walls, roof membrane, Building lobbies, hallways in non-exclusive areas, stairwells between floors, elevators and non-exclusive restrooms in the Building and other similar public areas and access ways. Subtenant acknowledges that, pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwisethe Master Lease, on account of any damage as Master Landlord may be caused to the Premises or change the Building by the negligence or misconduct of Lessee or any of the Lessee PartiesCommon Areas in Master Landlord’s sole and absolute discretion.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Sublease Agreement (Niku Corp)
Maintenance. 7.1 Lessee shall at own cost and expense keep and maintain all portions of the Premises under this Amended Lease except as outlined in this section. Lessor shall maintain lawn areas outside the school area, roof, outside walls, and shared Boys and Girls bathrooms. Lessor shall be responsible for proper operation and maintenance of electrical systems, plumbing systems, and the heating, ventilation, and air- conditioning (HVAC) systems throughout the Premises. Lessor is also responsible for pest and vermin control, including termites. In the event that repairs are a result of the Lessee’s negligence, Lessee shall be responsible to provide for the resulting repairs. In the event that repairs or extermination services are not provided on a timely basis, Xxxxxx shall be obligated entitled to maintain procure the necessary repairs or services and deduct reasonable expenses from its rent obligation after making good faith efforts to communicate about the situation. Alterations and Liens: Lessee shall not make or permit any other person to make any repairs alterations or replacements changes of any kind to the Premises during existing premises, or any improvement thereon or facility appurtenant thereto without the prior written consent of Lessor. Lessee shall keep the premises free and clear from any and all liens, claims and demands for work performed, materials furnished, or operations conducted on said premises at the instance of request of Lessee. Furthermore, any and all alterations, additions, improvements and fixtures, except furniture and educational materials of Navigator made or placed in or on said premises by Lessee or any other person shall on expiration of termination of this Amended Lease Term except for become the roof, foundation, exterior walls (excludingproperty of Lessor and remain on said premises; provided, however, glass doors)that Lessor shall have the option on expiration or sooner termination of this Amended Lease, all exterior sewer and exterior utility lines to require the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shallLessee, at its sole costLessee's expense, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek to remove any and all such maintenancealterations, repairadditions, replacement and work performed pursuant to this section shall be performed in accordance with such standardsimprovements or fixtures.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Lease Agreement
Maintenance. 7.1 Lessor Subtenant shall not be obligated to maintain or make any repairs or replacements perform all of the obligations of the “Tenant” under the Master Lease with respect to the Premises during the Lease Term except for the roofcleaning, foundationmaintenance, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance replacement of the Premises.
7.2 Upon commencement Premises and, without limitation of the Lease Termforegoing, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises Sublease Premises, all equipment serving the Sublease Premises, and all of Subtenant’s equipment and property contained therein in good order and clean order, condition and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other earlier termination of the term of this LeaseSublease, Lessee Subtenant shall surrender the Sublease Premises (and the keys thereto) to Sublandlord in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or and repair except for ordinary wear and tear onlyand in the condition required for the surrender of same under the provisions of the Master Lease and this Sublease. In addition, excepted.
7.4 Nothing and without limitation of the foregoing, Subtenant shall (i) if Master Landlord or Sublandlord so requests, remove any improvements or alterations made by Subtenant to the Sublease Premises, repair any damage caused by such removal, and restore the Sublease Premises to the condition as it existed prior to the installation of such improvements or alteration, and (ii) if Master Landlord or Sublandlord so requests, leave any improvements or alterations made by Subtenant to the Sublease Premises, except for any trade fixtures or personal property installed or placed by Subtenant in this Section 7 the Sublease Premises, which shall be deemed removed by Subtenant prior to relieve Lessee from any liability which Lessee may have to Lessor under the terms expiration or earlier termination of this Lease or otherwise, on account of the Sublease. Subtenant shall repair any damage as may be caused to the Sublease Premises resulting from the removal of improvements, alterations, fixtures, personal property or the Building by the negligence or misconduct of Lessee or any equipment. Following Subtenant's vacation of the Lessee Parties.
7.5 As used Sublease Premises, and prior to the expiration of the term of this Sublease Term, Sublandlord will conduct an inspection of the Sublease Premises. Sublandlord may remedy any deficiencies in this Section 7, "repair and maintenance" shall include repairs and replacementsSubtenant’s restoration and/or surrender work, and the standard cost thereof shall be payable by Subtenant to Sublandlord upon demand. If Subtenant fails to reimburse Sublandlord for such costs within five (5) days of Sublandlord’s written demand, Sublandlord may draw such costs from the good, clean and safe condition of a first class business park building in north suburban Atlanta, GeorgiaSecurity Deposit.
Appears in 1 contract
Samples: Sublease (Exar Corp)
Maintenance. 7.1 Lessor Except to the extent specified below, Tenant, at its sole cost and expense, shall maintain all portions of the Premises, including without limitation, interior and exterior walls, foundation, roof, parking and landscape areas, heating, ventilation and air conditioning systems, lighting, electrical systems, plumbing lines and equipment and other mechanical and building systems, in good repair and condition and in compliance with Legal Requirements and Insurance Requirements and shall make all necessary modifications, replacements and renewals to the Premises arising from any cause, including without limitation those required by Legal Requirements. Landlord shall have no obligation to repair, maintain, or replace the Premises or any portion thereof, whether structural or nonstructural, foreseen or unforeseen, all of which are intended to be the obligations of Tenant under this Paragraph 10. Tenant waives to the extent permitted by applicable law the benefit of any law now or hereafter in effect that would otherwise afford Tenant the right to make repairs or replacements at Landlord's expense or to terminate this Lease on account of the failure of Landlord to make a repair or replacement. Notwithstanding the foregoing, Landlord shall be responsible at its sole cost and expense for (i) repairs and/or replacements of the roof or any structural portions of the Premises except as provided in Paragraph 12 below and (ii) any repairs covered by the one-year warranty from Landlord set forth in the Construction Addendum provided any such replacements or repairs are necessitated by normal wear and tear or defects in the structural components and supports, including structural columns supporting the roofing system, exterior load-bearing walls, slab and roofing system, and not by any specific acts or damage; and Tenant shall not be obligated to maintain or make any repairs or reimburse Landlord for the cost of such work. All repairs, modifications and replacements made by Tenant shall be equal in quality and class to the original work and shall be performed in compliance with all applicable warranties in effect with respect to the Premises during and, with respect to modifications and replacements, the requirements for Tenant-Made Alterations. Tenant shall, at its sole cost and expense, enter into regularly scheduled preventive maintenance and service contracts covering the heating, ventilation and air conditioning systems and other mechanical and building systems in form and substance reasonably acceptable to Landlord with contractors approved by Landlord. If Tenant does not so execute and deliver the maintenance contracts, then Landlord shall have the right to contract for said service without notice to Tenant, and Tenant shall upon demand reimburse Landlord for the full cost thereof. Tenant shall have the Premises exterior repainted as reasonably necessary. Landlord may, but shall not be obligated to, enter the Premises and perform any obligation of Tenant under this Paragraph 10 or any other provision of this Lease that Tenant has failed to perform after 10 business days' prior written notice to Tenant, except in the case of an emergency, when no notice shall be required. The cost of Landlord's performance together with interest as provided in this Lease, shall be due and payable as additional rental on the next following due date for Base Rent. Upon termination of the Lease Term except for the roofor any extension thereof herein provided for, foundationby lapse of time or otherwise, exterior walls (excludingunless otherwise directed by Landlord, howeverTenant shall remove all Tenant-Made Alterations unless Landlord has agreed prior thereto that Tenant does not need to remove any such Tenant-Made Alteration. Prior to installing any Tenant-Made Alteration, glass doors), all exterior sewer and exterior utility lines Tenant may request that Landlord agree that Tenant does not have to the Buildingremove such Tenant-Made Alteration, and Landlord shall not unreasonably withhold its agreement provided the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance Tenant-Made Alteration does not adversely affect the structure or value of the Premises.
7.2 Upon commencement . All Tenant-Made Alterations, as constituted at the time, which Landlord directs not to be removed shall upon such termination be and become the property of Landlord without requirement of the payment of any compensation or consideration. Tenant-Made Alterations do not include movable partitions and Tenant's trade fixtures that were installed and paid for by Tenant and that are removable without material damage to the Premises, even though affixed in such manner as, under the law might be considered to be fixtures and part of the real estate. Tenant may, before termination of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and remove all such maintenancemoveable partitions and trade fixtures. In all cases, repair, replacement and work performed pursuant to this section Tenant shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.any
Appears in 1 contract
Samples: Build to Suit Lease Agreement (Weider Nutrition International Inc)
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements to LESSEE acknowledges it has inspected the Leased Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shallmaintain, at its sole costcost and expense, risk, expense the grounds and liability, keep all equipment and improvements on the Leased Premises and to promptly make any and all repairs or replacements as necessary. LESSEE also agrees to maintain the Leased Premises and its improvements and equipment in good operating order and in a neat, orderly and presentable condition consistent with good business practices. This obligation to repair includes the obligation to make all repairs to the Hangar (including the roof and exterior structures of the Hangar) and aprons now or hereafter constructed on the Leased Premises by the LESSEE. LESSEE agrees to pay for all utilities consumed on the Leased Premises including interior and exterior utility lines, equipment, fixtures and connections owned or installed by or for LESSEE. LESSEE shall also be responsible for snow removal in or on the Leased Premises. In the event the United States of America or another agency, governmental or otherwise, not hired, paid or employed by LESSOR to do so, should take over, supervise and operate runways, landing areas, lights, radio control tower, and other aerial navigation aids or facilities which shall have been operated and maintained at the Airport by LESSOR at its own expense, and LESSEE is required to make payment to such agency for the use of the facilities, then the rentals and fees provided herein for LESSEE to pay LESSOR for that particular use or activity shall terminate, it being the intent hereof that LESSEE shall not be required to pay duplicate charges. LESSOR shall not be liable for any damage either to person or property, whether sustained by LESSEE or by other persons, due to the Airport, any improvements thereon or any part thereof or any appurtenances thereof being out of repair, or due to any accident in or about the Airport, or due to any act or neglect of any tenant or occupant of the Airport or any other person, or due to lack of snow or water removal at the Airport or any part thereof or in connection with the construction of any improvement by LESSOR or its contractors at the Airport. Without limiting the generality of the foregoing, LESSOR shall not be liable for damage caused by water, steam, snow, ice, sewerage, gas, bursting or leaking of pipes or plumbing or electrical causes, or the negligence of contractors, employees, agents, or licensees of LESSOR, unless the damage is proved to be the result of the gross negligence or willful misconduct of LESSOR. In addition to other rights and remedies of LESSOR hereunder, if LESSOR discovers and reports any maintenance deficiency to LESSEE that LESSEE is responsible for as defined in compliance with the Lease and requires repair or replacement in order to maintain the Leased Premises, improvements, aircraft ramp, structural integrity or appearance of any structure(s), including without limitation any doors, roof and/or exterior walls, LESSEE will promptly undertake and complete such repairs or replacements at its expense. In the event LESSEE fails to perform its obligations hereunder, LESSOR may, at its sole option, after thirty (30) days notice, undertake and complete any such maintenance, repairs or replacements, but will have no obligation to do so, and the cost thereof will be deemed additional rent and will be paid by LESSEE to LESSOR no later than thirty (30) days after the date of invoice from LESSOR to LESSEE for such costs. LESSEE will provide a complete and proper arrangement for the frequent and adequate sanitary handling and disposal, away from the Airport, of all trash, garbage and other refuse caused as a result of the occupancy or use of the Leased Premises. All maintenance, repairs, additions or other work of any kind or nature performed, constructed or installed by or on behalf of LESSEE in or upon the Leased Premises, will conform in all respects to (a) all applicable governmental codesfederal, state and local statutes, ordinances and regulations. Lessee shall also building codes, (ib) keep all sewer applicable rules and utility lines servicing regulations promulgated by LESSOR including the PremisesSAA Rules and Regulations (c) the SAA’s design standards, includingif any, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free Airport, as promulgated by LESSOR from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant time to this section shall be performed in accordance with such standardstime.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Aeronautical Hangar Lease Agreement
Maintenance. 7.1 Lessor 3.4.1 shall not at all times during the period of this lease and any renewal thereof and at its own expense well and substantially repair, renew, paint, cleanse and keep and maintain in first class order the interior of the leased Premises and fittings and shall, at the termination of the lease, re-deliver the leased Premises to the LANDLORD in the same first class condition. There shall be obligated no obligation on the LANDLORD in common law or in terms of this lease to maintain or make cleanse or effect any repairs repairs, renewals or replacements to the interior of the leased Premises during and the Lease Term except TENANT shall be fully responsible for any such maintenance, cleansing, repairs, renewals or replacements at its own expense. The LANDLORD shall not be responsible for any damage, loss or inconvenience which the roofTENANT or others may suffer owing to any defects, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines breakages or failures or owing to leakages or to the Buildingelements such as rain, and hail or lightning or otherwise howsoever and, the Common Area, and Lessee covenants and agrees TENANT shall not be entitled to assume all responsibility any abatement of repair and maintenance of the Premisesrental in respect thereof.
7.2 Upon commencement of the Lease Term, Lessee 3.4.2 shall accept (excepting Punch List items) the Premises for its intended use, maintain and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee as no service shall enter into a contract approved be supplied by Lessor the LANDLORD.
3.4.3 shall be liable for the maintenance payment of all heatingmonthly charges due to the relevant company appointed by the TENANT in respect of the burglar alarm system in the leased Premises which is to be maintained by the TENANT for the duration of the lease. If the TENANT fails to implement any of its obligations in terms of this Clause 3.4, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises LANDLORD shall be kept entitled, without notice to the TENANT to carry out the TENANT's obligations for the account of the TENANT who shall on demand effect payment to the LANDLORD of such costs and expenses incurred. Failure by the TENANT to effect payment in accordance with the standards then prevailing in Xxxxx Creek and all terms of such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination demand will constitute a breach of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Lease Agreement (SurePure, Inc.)
Maintenance. 7.1 Lessor 8.1 The Concessionaire shall not provide at its own expense such janitorial and cleaning services and supplies as many be obligated to maintain or make any repairs or replacements to necessary in the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair operation and maintenance of the PremisesAssigned Areas. Concessionaire also agrees to keep and maintain the Assigned Areas in a clean, neat and sanitary condition, and attractive in appearance.
7.2 Upon commencement 8.2 The Concessionaire shall maintain and promptly make necessary general repairs to all of the Lease Termimprovements, Lessee shall accept (excepting Punch List items) the Premises for its intended useadvertising displays, fixtures, and Lessee equipment placed or installed in the Assigned Areas by the Concessionaire. Concessionaire agrees to keep and maintain in good condition the electrical equipment located at or on the Assigned Areas.
8.3 All repairs done by the Concessionaire or on its behalf shall be of first class quality in both materials and workmanship. All repairs shall be performed in conformity with the rules and regulations prescribed from time to time by federal, state, or local authority having jurisdiction over the work in Concessionaire’s Assigned Areas.
8.4 The Concessionaire shall, in a timely manner, provide for the adequate sanitary handling and removal of all trash, garbage and other refuse caused as a result of Concessionaire’s operations.
8.5 The County shall have the right to construct or install over, in, under or through the Assigned Areas new lines, pipes, mains, wires, conduits and equipment; provided, however, that such repair, alteration, replacement or construction shall not unreasonably interfere with Concessionaire’s use of the Assigned Areas. Any such repair, alteration, replacement or construction that prohibits public access to an Assigned Area for in excess of five (5) days shall be considered to be an unreasonable interference. Concessionaire’s sole remedy for such unreasonable interference shall be to request reimbursement from County for all advertising revenues lost or refunded to advertisers by Concessionaire as a result of such interference. The County will repair at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee PartiesConcessionaire’s property resulting from such activities.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Advertising Concession Agreement
Maintenance. 7.1 Lessor Tenant shall not be obligated to maintain at all times keep the Demised Premises and all fixtures and equipment therein in clean, safe and sanitary condition, shall take good care thereof, shall suffer no waste or make any repairs or replacements to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Buildinginjury thereto, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of the term of this Lease, Lessee shall surrender same with all walls, carpets and other improvements cleaned and in the Premises (same order and condition in which they are on the keys thereto) in date of commencement of the term of this Lease, ordinary wear and tear excepted. Landlord, subject to Tenant’s obligation to contribute to Operating Expenses as good condition as when receivedprovided by provisions of Article 4, loss and further subject to the provisions hereinafter contained with regard to damage by fire or other casualty not casualty, shall make all necessary structural repairs as well as all necessary repairs to the result common areas (if any) in/around the Building, the outer walls, roof, downspouts, gutters, windows and window panes. Any cost of repairs to the Building, to the Demised Premises or to any act or omission common areas, which are occasioned by the acts of LesseeTenant, its officers, employees, agents, or ordinary wear and tear onlyinvitees, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under paid for by Tenant as Additional Rent hereunder immediately upon billing. Additional maintenance and/or repair expenses during the terms term of this Lease or otherwise, lease. Check on account of any damage as may be caused the left and initial to the right the responsible party: Plumbing located inside Demised Premises or the Building by the negligence or misconduct □ Tenant Plumbing located outside of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "Demised Premises □ Landlord (OpExp) Electrical located inside Demised Premises □ Tenant Electrical located outside Demised Premises □ Landlord (OpExp) HVAC repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition replacement □ Tenant HVAC annual preventative maintenance □ Landlord (OpExp) Sewage located in Demised Premises □ Tenant Sewage located outside of a first class business park building in north suburban Atlanta, Georgia.Demised Premises □ Landlord (OpExp)
Appears in 1 contract
Samples: Commercial Lease Agreement
Maintenance. 7.1 (a) Except for Lessor Capital Repair Items as defined in Section 8.2(c), Lessee shall make and perform all day-to-day maintenance and repairs at the Property (including the Improvements). Such day-to-day maintenance and repair shall include by way of illustration and not limitation maintenance and repair of the HVAC and mechanical systems of the Improvements, parking, driveways and walkways and landscaping, painting and carpeting within the Improvements, as well as performing necessary snow removal and garbage collection. Lessee shall make all such repairs to the Property (including the Improvements) and shall keep the Property clean, neat, safe, sanitary, and in the same or better condition, order, and repair as exists as of the Commencement Date, subject to ordinary wear and tear and the age of the Property and Improvements. Any service contracts entered into by Lessee with respect to Lessee’s maintenance obligations under this Section 8.2(a) shall be at Lessee’s sole cost.
(b) Lessor and Lessee anticipate that the items identified on Schedule 8.2 (the “Lessee Capital Repair Items”) may need replacement during the Base Term, and Lessee shall repair and/or replace, as the case may be, such Lessee Capital Repair Items during the Base Term, provided that Lessee shall not be obligated to maintain expend more than [Note: Lessee in discussion with Buyer/Lessor will determine this amount during the Purchase Agreement Inspection Period after review of its existing maintenance records for Property in keeping with AT&T’s usual pattern and practice in making capital repairs] Dollars ($ ) in the aggregate for the repair and/or replacement of all Lessee Capital Repair Items (including without limitation amounts heretofore incurred or make expended for any Lessee Capital Repair Item) (the “Cost Limit”). Lessee shall complete the repairs or replacements to of Lessee Capital Repair Items for which it is responsible as set out above at such times and in such manner as Lessee determines are reasonable and prudent under the Premises during circumstances and taking into consideration the Lease Term except for the roofimpact or potential interference with Xxxxxx’s business, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, provided that Lessee shall accept (excepting Punch List items) the Premises for its intended use, cause such repairs and Lessee shall, at its sole cost, risk, expense replacements to be done in a good and liability, keep and maintain the Premises in good order and repair, worker-like manner and in compliance with all applicable governmental codes, ordinances and regulationsApplicable Laws (subject to Lessee’s right to contest the applicability of any law or regulation). Lessee shall also from time to time notify Lessor of the completion of Lessee Capital Repair Items that have been repaired or replaced and the cost thereof. In the event that any repair or replacement required to be performed and paid for by Lessee under this Section 8.2(b) shall not be completed prior to the end of the Term, Lessee shall assign to Lessor all contracts with respect thereto, and from time to time, Lessor shall submit accurate invoices (iincluding reasonable supporting documentation) keep to Lessee showing the amounts expended by Lessor under such contracts, and Lessee shall reimburse or pay to Lessor such amount within ten (10) Business Days thereof, provided that in no event shall Lessee be obligated to pay more than the Cost Limit in the aggregate. If Xxxxxx does not reimburse or pay Lessor within such ten (10) Business Day period, then such amount will bear interest from the end of such ten (10) Business Day period to the date so reimbursed or paid to Lessor at the Prime Rate. In the event the aggregate cost of all sewer work heretofore or hereafter performed or caused to be performed by Lessee with respect to the Lessee Capital Repair Items exceeds the Cost Limit (the amount of such excess from time to time, the “Excess”), from time to time Lessee shall submit accurate invoices (including reasonable supporting documentation) to Lessor showing the amounts expended or to be expended by Xxxxxx, and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services Xxxxxx shall reimburse or pay to Lessee for the Premises; Excess within ten (10) Business Days thereof. If Xxxxxx does not reimburse or pay to Lessee within such ten (10) Business Day period, then Lessee upon notice to Lessor may from time to time set-off the amount owed by Xxxxxx (together with interest at the Prime Rate on the amount not reimbursed from time to time, after giving effect to any set-off) against installments of Base Rent.
(c) In addition to the Lessor’s obligation to reimburse or pay Excess amounts pursuant to Section 8.2(b) above, Lessor shall be responsible, at its cost, for any repair or replacement (of the whole or any major part) of any item of a capital nature a (“Capital Repair”) not identified on Schedule 8.2 (the “Lessor Capital Repair Items”), including without limitation the roofs (except to the extent included in any roof repairs identified on Schedule 8.2), foundations and (iii) keep footings of the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary conditionImprovements. Lessee shall enter into a contract approved give Lessor written notice of any Lessor Capital Repair Item that Lessee has identified as needing repair or replacement (whether expected or unexpected), and Lessor shall promptly commence the repair or replacement thereof. Lessee shall allow Lessor and its representatives and agents reasonable access (subject to the limitations with respect to access by an Inspecting Party set forth in Section 15.1) to the Property to enable Lessor to evaluate the need for the maintenance Lessor Capital Repair Item identified by Xxxxxx. If Lessor does not agree that any such Lessor Capital Repair Item is in need of all heatingrepair or replacement or that such item is not a Lessor Capital Repair Item, ventilatingthen Lessor shall so notify Lessee in writing within ten (10) days of Lessor’s receipt of Lessee’s notice, including the reasons therefor. If Lessee and air conditioning equipment located Lessor cannot reach agreement as to the repair or replacement of the Lessor Capital Repair Item in question or serving as to the Premisesnature of the repair (i.e. whether the repair of replacement constitutes a Lessor Capital Repair Item), the parties shall submit the issue to mediation and Arbitration per Section 27 of this Lease. At all times The arbitrator shall determine whether based upon Xxxxxx’s standard for having replaced and/or repaired capital items at the Premises Property during the Base Term, such item would have been repaired or replaced and whether or not the repair or replacement constitutes a Lessor Capital Repair Item. If it is determined that, based upon Lessee’s standard for having replaced and/or repaired capital items at the Property during the Base Term, such item would have been repaired or replaced and that the repair or replacement constitutes a Lessor Capital Repair Item, then Lessor shall, at its expense, promptly cause such Lessor Capital Repair Item to be done. In the event Lessor does not make such Capital Repair, Lessee may do so, in which event Lessor shall be kept reimburse Lessee for the cost thereof within ten (10) Business Days of Lessor’s receipt of an invoice therefor, together with reasonable back-up documentation, from Lessee. In the event that Xxxxxx does not so reimburse Xxxxxx, then Xxxxxx may, in accordance with Section 18.2 hereafter, exercise it rights as set forth therein.
(d) The provisions of this Section 8.2 shall not apply in the standards then prevailing case of Casualty to or Condemnation of the Property, in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section which case the obligations of the parties shall be performed as provided in accordance with such standardsArticle 12.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Lease Agreement
Maintenance. 7.1 Lessor Tenant shall not be obligated to maintain or make any repairs or replacements to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises interior parts of the leased premises in as good order condition and repair as when possession, hereunder is given to Tenant, including, but not limited to: decorating and repair; plate glass and windows; carpet and flooring maintenance and repair, and in compliance with all applicable governmental codesthe maintenance, ordinances repair and/or replacement of electrical light fixtures, bulbs, sockets, and regulationsplumbing. Lessee Tenant and Landlord shall, within ten (10) days of Landlord's execution of this Lease, jointly make an operational inspection of the hearing, air-conditioning, restroom facilities, and basic lighting systems. Any items not functioning at the time of said inspection shall also (i) keep all sewer be repaired by Landlord at his expense. Thereafter, Tenant shall be responsible, at Tenant1 s sole cost and utility lines servicing the Premisesexpense, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant repair of all interior electric and plumbing items, restroom facilities and lighting systems. Landlord will obtain, keep in effect, and pay for a. maintenance contract on the air-conditioning and heating equipment servicing the leased premises. The cost of said maintenance contract, and any related repairs, replacements, modifications and/or other expenses relevant to this section the air-conditioning and hearing system of the Center shall be performed in accordance with such standards.
7.3 reimbursed by Tenant to Landlord as an element of Additional Rent pursuant Paragraph 2, B. of this Lease. At the expiration conclusion of the Tenant's tenancy at the leased premises, another joint inspection by Landlord and Tenant of the leased premises and the restroom facilities, and basic lighting systems (including light bulbs and same's housing units) shall be made to determine their operational condition. Any repairs or other replacements determined by such inspection shall be the responsibility of the Tenant to procure and pay in mil prior to the termination of the Lease term, or any extensions or renewals of same, or, at tie discretion of Landlord, the costs of any such necessary repairs or replacements shall be assessable against the Tenant's Security Deposit to the extent of such deposit, and any remaining balance shall be immediately due and payable by Tenant to the Landlord without protest At the option of the Landlord, there shall be no termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result any extensions or renewals of any act or omission of Lesseesame, or ordinary wear termination of Tenant's obligations pursuant to this Lease, including, but not limited to, the monthly payment of the Base Rent, Additional Bent, Special Rent and tear only, excepted.
7.4 Nothing in this Section 7 shall other monies required to be deemed paid by Tenant pursuant to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease Lease, until all costs and expenses associated with said repairs and replacements are paid in foil by Tenant. Tenant shall be responsible for repair and replacement of the plate glass and windows in the leased premises. Tenant shall immediately replace any cracked or otherwisedamaged glass. Tenant must deliver the leased premises back to Landlord at the termination of this Lease, on account or any extensions or renewals of same, with all glass intact and free from cracks or damage of any kind or nature. Should damage as may or breakage occur due to fire or windstorm or the gross negligence of the Landlord, Landlord shall be caused responsible for such replacement. Tenant shall not permit or cause any lien or encumbrance to be attached to the Premises leased premises or the Building Center and Tenant shall immediately cause same to be removed or satisfied upon the demand of Landlord. Tenant shall indemnify and hold Landlord harmless against loss arising from any such lien or encumbrance. Landlord shall maintain the exterior of the Center, the roof and structural members, the common areas, including the parking lots, sidewalks, and exterior lighting systems. Any repairs or replacements of said items made necessary by Tenant, Tenant's agents, invitees, customers and/or employees' misuse of same or through the negligence of Tenant, Tenant's agents, invitees, customers and/or employees, or by reason of alterations or modifications made by Tenant, shall either, at the sole discretion of Landlord, be performed by Tenant at Tenant's sole cost and expense, or performed by Landlord and charged to Tenant as Additional Rent due and payable within ten (10) days after demand for payment by Landlord Any repairs required of the Landlord shall only be performed or ordered by or under the direction of the Landlord or Landlord's agents. The Landlord shall not assume any responsibility for execution or payment of any work initiated by the negligence Tenant without the Landlord's prior written approval. Any requests for repairs or misconduct of Lessee or any of maintenance to be performed by the Lessee Parties.
7.5 As used Landlord must be in this Section 7, "repair writing and maintenance" shall include repairs and replacements, and delivered to the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.same location to which rental monies are sent. Landlord's Initials Tenant's Initials
Appears in 1 contract
Maintenance. 7.1 Lessor Discharger shall, solely at its cost, 1) keep the Discharge Site and the Pretreatment Facility in good condition and repair, subject to reasonable and ordinary wear and tear; and 2) shall not promptly restore in like manner any portion of the Pretreatment Facility, which may be obligated to maintain damaged or make any repairs or replacements to the Premises during the Lease Term except destroyed thereon and pay when due all claims for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer labor performed and exterior utility lines to the Buildingmaterials furnished therefore, and 3) comply with all laws, ordinances, regulations , requirements, covenants, conditions and restrictions now or hereafter affecting the Common AreaDischarge Site and Pretreatment Facility, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Termor any part thereof, Lessee shall accept (excepting Punch List itemsor requiring any alterations or improvements thereto, 4) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair. The Discharger shall not, and without the written consent of Met Council, a) permit or suffer the use of any of the Pretreatment Facility, or any part thereof, for any purpose other than the purposes specified in compliance with all applicable governmental codesthis Agreement, b) remove, demolish, or substantially alter any of the Pretreatment Facility, except such alterations as may be required by laws, ordinances and regulations. Lessee shall also (ior regulations or such other alterations as may improve such Pretreatment Facility by increasing the value thereof or improving its ability to be used to operate the Pretreatment Facility; c) keep all sewer and utility lines servicing do any act or thing which would unduly impair or depreciate the Premisesvalue of the Pretreatment Facility; d) abandon the Discharge Site or the Pretreatment Facility; e) commit or permit any waste or deterioration of the Pretreatment Facility; f) remove any fixtures or personal property from the Pretreatment Facility that was paid for with the funds provided to Discharger under this Agreement, includingor g) commit, without limitationsuffer, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glassor permit any act to be done in or upon the Pretreatment Facility, in good order and repair; (ii) provide janitorial services for violation of any law, ordinance or regulation. If the Premises; and (iii) keep Discharger fails to maintain the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept Pretreatment Facility in accordance with the standards provisions contained in this Section, then prevailing in Xxxxx Creek the Met Council may perform whatever acts and all such maintenanceexpend whatever funds that are necessary to so maintain the Pretreatment Facility, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not Discharger irrevocably authorizes and empowers the result of any act or omission of Lessee, or ordinary wear Met Council to enter upon the Discharge Site and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed the Pretreatment Facility to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage perform such acts as may be caused necessary to so maintain the Premises Pretreatment Facility. Any actions taken or the Building funds expended by the negligence Met Council hereunder shall be at its sole option and discretion, and nothing contained herein, including but not limited to this Section, shall require the Met Council to take any action, incur any expense, or misconduct of Lessee or expend any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacementsfunds, and the standard Met Council shall not be responsible for or liable to the Discharger or any other entity for any such acts that are undertaken and performed in good faith and not in a negligent manner. Any funds expended by the Met Council to perform such acts as may be necessary to so maintain the Pretreatment Facility shall be due and payable on demand by the good, clean Met Council and safe condition bear interest from the date of advancement by the Met Council at a first class business park building in north suburban Atlanta, Georgiarate equal to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a 365 day year.
Appears in 1 contract
Samples: Industrial Pretreatment Incentive Program Agreement
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shallLessee, at its Lessee's sole costcost and expense, risk, expense and liability, shall keep and maintain the entire Leased Premises and all Improvements at any time situated thereon, and every part and component thereof, interior and exterior, structural and nonstructural, ordinary as well as extraordinary, including without limitation roofs, exteriors, interiors, plumbing, electrical, heating, air conditioning and ventilation, structural elements, grounds, landscaping and parking facilities, in first class condition, and Lessee shall not do or suffer any waste, damage, disfigurement or injury to the Leased Premises, the Improvements or any portion thereof. Further, Lessee shall at all times maintain the Leased Premises in a safe, neat and orderly manner, free from trash, debris and other unsafe, unsightly or unsanitary matters or conditions. Upon termination of this Lease for any reason, Lessee shall surrender to the Lessor the Leased Premises and the Improvements in good order condition, appearance and repair, reasonable wear and tear excepted. Notwithstanding the foregoing, however, if requested by the Lessor in compliance with all applicable governmental codeswriting within six (6) months after termination of this Lease for any reason, ordinances and regulations. Lessee shall also (i) keep demolish and remove the Improvements and all sewer trash and utility lines servicing debris, grade the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating Leased Premises and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for deliver the Premises; and (iii) keep Leased Premises to the Premises free from all litter, dirt, debris and obstructions and Lessor in a clean neat, clean, graded, level and sanitary safe condition. Lessee Lessee’s obligations under this Section shall enter into a contract approved by Lessor for survive the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.. DRAFT
Appears in 1 contract
Samples: Ground Lease
Maintenance. 7.1 Lessor (i) So long as Sublessor has not committed a breach of its covenant of quiet enjoyment which shall not be obligated to maintain have the effect of depriving Sublessee of the use or make any repairs or replacements to possession of the Premises Aircraft, during the Lease Sublease Term except for and until the roofAircraft is returned to Sublessor, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee Sublessee shall, at its sole costcost and expense, riskservice, expense inspect, test, maintain, overhaul and liabilityrepair the Aircraft, the Engines and all of the Parts in accordance with Sublessee's FAA approved airworthiness maintenance and inspection program, a copy of which has been or will be delivered to Sublessor on or prior to the Commencement Date (the "Maintenance Program") and in Conformity with the rules and regulations of the FAA, (A) so as to keep the Aircraft in as good condition (operating and maintain otherwise), appearance and repair as when delivered to Sublessee hereunder, ordinary wear and tear excepted and otherwise to enable the Premises airworthiness certification of the Aircraft to be maintained in good order and repairstanding at all times under applicable law, and to be and remain registered in compliance the United States pursuant to the Federal Aviation Act, and (B) in the same manner and with the same care as used by Sublessee with respect to similar aircraft and engines owned or operated by Sublessee (it being the intention of the parties hereto that Sublessee shall not discriminate against the Aircraft in respect of any maintenance matters). Sublessee shall be authorized to amend its Maintenance Program; provided, however, that notwithstanding such amendment, the Maintenance Program shall, it all times during the Sublease Term, be in full conformity with the requirements set forth above and, further provided, that Sublessee shall have obtained Sublessor's prior written consent to any material amendment or change in or to the Maintenance Program. All service, inspection, maintenance, modification, repair and overhaul shall be performed or caused to be performed by Sublessee in accordance with all applicable governmental codes, ordinances FAA requirements and regulations. Lessee shall also (i) keep all sewer and utility lines servicing under the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilatingMaintenance Program, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept accomplished in accordance with all applicable service, inspection, maintenance, modification, repair and overhaul manuals and bulletins published by the Manufacturer or the manufacturers of the Engines or engines, equipment, accessories or Parts installed on the Aircraft. Without limiting the generality of the foregoing or the obligations of Sublessee hereunder, Sublessee agrees that such maintenance and repairs will include but will not be limited to each of the following:
(A) to perform in accordance with the standards then prevailing Maintenance Program all routine and non-routine maintenance work;
(B) to comply on a terminating basis with all outstanding mandatory orders, airworthiness directives and instructions issued by the FAA affecting the Aircraft that have an effective date for compliance prior to, or sooner than one hundred eighty (180) days after, the return date of the Aircraft;
(C) to incorporate in Xxxxx Creek the Aircraft all service bulletins of the Manufacturer, the Engine manufacturer and other vendors which Sublessee schedules to incorporate during the Sublease Term on aircraft or engines in its Boeing 737 fleet;
(D) to incorporate in to maintenance schedule for the Aircraft a corrosion control program as recommended by Manufacturer and the FAA and to carry out such work as may be required to comply therewith, including periodic inspections of fuel tanks, periodic inspection and clean-up under galleys and lavatories, the cleaning and treating of all such maintenance, repair, replacement mild and work performed pursuant to this section shall be performed moderate corrosion and the correcting of all severe and exfoliated corrosion in accordance with such standardsthe recommendations of the Manufacturer; and
(E) to maintain, in the English language (1) the Aircraft Documentation and (2) any other records, logs or other documents, information or materials relating to the service, inspection, testing, maintenance, modification, overhaul and repair of the Aircraft, any Engine and any Part which are required by the FAA or by applicable law, all of which shall at all times be kept current and up-to-date, shall conform with the laws of any Government Entity having jurisdiction and with normal practices of commercial air carriers, shall disclose the location of any Engine or Part not installed on the Airframe and shall be made available for review by Sublessor on reasonable notice.
7.3 At (ii) Sublessee shall have designated persons in its employment authorized by the expiration FAA to perform service, inspection, modifications repair and alterations of the Aircraft, and to return the Aircraft to Sublessee's revenue service after such performance has been accomplished by Sublessee or other termination shall have the same performed on its behalf by an FAA approved repair and overhaul station in conformity with FAR 145 ("Approved Repair Facility"). For purposes hereof, Sublessor acknowledges that Sublessee's maintenance and repairs in connection with "C" checks and "D" checks (or the equivalent thereof) are being Performed by Tramco, Inc. of Seattle, Washington. In the event Sublessee has a third party accomplish, on a continuous basis, some or all of the maintenance requirements under the Maintenance Program (excluding "A," preflight and transit checks) such maintenance by said third party must be accomplished in accordance with the provisions of this Lease, Lessee Section 6(a). Sublessor shall surrender be entitled and Sublessee shall ensure that Sublessor is permitted to reasonably visit the Premises (facilities of any such third party maintenance performer to inspect the maintenance work performed on and the keys theretomaintenance records of the Aircraft including any Engine or Part.
(iii) Sublessor may request that Sublessee accomplish changes desired by Sublessor to the Aircraft during Sublessee's layup of the Aircraft for maintenance under the Maintenance Program in those circumstances where such changes are not required under this Section 6(c). No such request shall be unreasonably denied by Sublessee provided that no such changes shall require Sublessee to keep the Aircraft out of service for any longer period than the period which Sublessee's maintenance of the Aircraft was scheduled to require. With respect to such requested changes, Sublessor, at its expense, shall provide retrofit kits of parts and installation instructions to Sublessee. Sublessor shall, within thirty (30) days (or such earlier period as good condition as when receivedmay be required by any Authorized Repair Facility performing the requested change(s)) of receipt of an invoice detailing the same, loss by fire or other casualty pay all costs thereof which costs shall have been agreed upon prior to performance of the requested changes.
(iv) Sublessee shall give Sublessor not less than thirty (30) days' prior written notice of the result anticipated date, location and Approved Repair Facility in respect of any act "C" check or omission of Lessee, "D" check (or ordinary wear and tear only, exceptedits equivalent) to be performed on the Aircraft.
7.4 Nothing in this Section 7 (v) Repairs will be accomplished as follows: (A) any repair to the Aircraft shall be deemed accomplished pursuant to relieve Lessee from the appropriate manufacturer's repair manual instructions under an FFA approved program; and (B) any liability which Lessee may have material repair to Lessor the Aircraft that is not covered by appropriate manufacturer's repair manual instructions shall be subject to Sublessor's prior written approval and shall be made under an FAA approved program.
(vi) Notwithstanding anything to the contrary contained herein and provided that the same shall not violate the terms of this Lease or otherwiseconflict with any lease, sublease, credit or security agreement to which such engine, an aircraft engine that is not an Engine, but that is installed on account of any damage as may the Airframe, shall be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used maintained in accordance with this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia6(a).
Appears in 1 contract
Samples: Sublease Agreement (Western Pacific Airlines Inc /De/)
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements (a) Subject to the Premises during the Lease Term except for the roofprovisions of Section 18, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee Tenant shall, at its Tenant's sole costcost and expense, risk, expense and liabilityduring the entire Term, keep and maintain in good order, condition and repair the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premisesevery part thereof, including, without limitationbut not limited to, all sewer connections, plumbing, sewage, fixtures, interior walls, storefront(s), all electrical facilities and equipment, lighting fixtures, lamping, fans and electrical motors, all other appliances and equipmxxx xx every kind and nature, sprinkler equipment (if any), and any other mechanical systems in the Premises. Tenant's obligations shall include, but shall not be limited to, the obligation to replace when necessary any of the items required to be maintained by Tenant at its sole cost and expense. Such replacement items shall be of comparable quality to those that they are replacing. If Tenant fails to perform Tenant's obligations under this Section 11, Landlord may, at Landlord's option enter upon the Premises and put the same in good order, condition and repair and make such replacements as may be necessary, and the cost thereof shall become due and payable as additional rent by Tenant to Landlord upon demand, but nothing in this sentence contained shall be deemed to impose a duty upon Landlord or affect in any manner the obligations placed upon Tenant by this Section 11. Any such entry by Landlord shall not be deemed to be an eviction of Tenant.
(b) Tenant shall provide for (at Tenant's cost and expense as hereinafter set forth) the maintenance, repair and replacement of the heating, ventilating and air conditioning equipment and appliances, wiring and glass, (HVAC) in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee (c) Tenant shall surrender the Premises furnish (at Tenant's costs and expense as hereinafter set forth) trash and garbage receptacles and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result removal of any act or omission of Lessee, or ordinary wear trash and tear only, exceptedgarbage from said receptacles.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Lease Agreement (Dominion Homes Inc)
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements to LESSEE acknowledges it has inspected the Leased Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shallmaintain, at its sole costcost and expense, risk, expense the grounds and liability, keep all equipment and improvements on the Leased Premises1 and to promptly make any and all repairs or replacements as necessary. LESSEE also agrees to maintain the Leased Premises and its improvements and equipment in good operating order and in a neat, orderly and presentable condition consistent with good business practices. This obligation to repair includes the obligation to make all repairs to the Hangar (including the roof and exterior structures of the Hangar) and aprons now or hereafter constructed on the Leased Premises by the LESSEE. LESSEE agrees to pay for all utilities consumed on the Leased Premises including interior and exterior utility lines, equipment, fixtures and connections owned or installed by or for LESSEE. LESSEE shall also be responsible for snow removal in or on the Leased Premises. In the event the United States of America or another agency, governmental or otherwise, not hired, paid or employed by LESSOR to do so, should take over, supervise and operate runways, landing areas, lights, radio control tower, and other aerial navigation aids or facilities which shall have been operated and maintained at the Airport by LESSOR at its own expense, and LESSEE is required to make payment to such agency for the use of the facilities, then the rentals and fees provided herein for LESSEE to pay LESSOR for that particular use or activity shall terminate, it being the intent hereof that LESSEE shall not be required to pay duplicate charges. LESSOR shall not be liable for any damage either to person or property, whether sustained by LESSEE or by other persons, due to the Airport, any improvements thereon or any part thereof or any appurtenances thereof being out of repair, or due to any accident in or about the Airport, or due to any act or neglect of any tenant or occupant of the Airport or any other person, or due to lack of snow or water removal at the Airport or any part thereof or in connection with the construction of any improvement by LESSOR or its contractors at the Airport. Without limiting the generality of the foregoing, LESSOR shall not be liable for damage caused by water, steam, snow, ice, sewerage, gas, bursting or leaking of pipes or plumbing or electrical causes, or the negligence of contractors, employees, agents, or licensees of LESSOR, unless the damage is proved to be the result of the gross negligence or willful misconduct of LESSOR. In addition to other rights and remedies of LESSOR hereunder, if LESSOR discovers and reports any maintenance deficiency to LESSEE that LESSEE is responsible for as defined in compliance with the Lease and requires repair or replacement in order to maintain the Leased Premises, improvements, aircraft ramp, structural integrity or appearance of any structure(s), including without limitation any doors, roof and/or exterior walls, LESSEE will promptly undertake and complete such repairs or replacements at its expense. In the event LESSEE fails to perform its obligations hereunder, LESSOR may, at its sole option, after thirty (30) days notice, undertake and complete any such maintenance, repairs or replacements, but will have no obligation to do so, and the cost thereof will be deemed additional rent and will be paid by LESSEE to LESSOR no later than thirty (30) days after the date of invoice from LESSOR to LESSEE for such costs. LESSEE will provide a complete and proper arrangement for the frequent and adequate sanitary handling and disposal, away from the Airport, of all trash, garbage and other refuse caused as a result of the occupancy or use of the Leased Premises. All maintenance, repairs, additions or other work of any kind or nature performed, constructed or installed by or on behalf of LESSEE in or upon the Leased Premises, will conform in all respects to (a) all applicable governmental codesfederal, state and local statutes, ordinances and regulations. Lessee shall also building codes, (ib) keep all sewer applicable rules and utility lines servicing regulations promulgated by LESSOR including the PremisesSAA Rules and Regulations (c) the SAA’s design standards, includingif any, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free Airport, as promulgated by LESSOR from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant time to this section shall be performed in accordance with such standardstime.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Airport Lease Agreement
Maintenance. 7.1 Lessor shall 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”), if not be obligated already existing, for the regular maintenance and servicing of the space and water heating systems serving the property and the other gas and electrical installations within the property (“the Installations”) and at the landlord‟s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the term.
4.10.2 To ensure that the maintenance contracts, if not already entered into, which will be entered into by the landlord are on such terms and in such form as the tenant shall reasonably specify and be with contractors previously approved by the tenant (such approval not to be unreasonably withheld or make delayed) and the landlord hereby irrevocably authorises the tenant who shall act reasonably) to instruct the contractors under the maintenance contracts to undertake any repairs maintenance servicing or replacements repair works to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines Installations which may be required from time to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept time in accordance with the standards appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the landlord agrees to fully indemnify the tenant against any costs, expenses or other sums which the tenant may incur as a result of such maintenance.
4.10.3 If the landlord has already entered into maintenance contracts before the date of this lease then prevailing the following shall apply:-
(i) The landlord shall on or before the date of this lease provide the tenant with full details of the contractor or contractors he has entered into the maintenance contracts with, including providing the tenant with copies of the said contracts and proof that they have each been fully paid for by the landlord.
(ii) If any of the maintenance contracts expire or are brought to an end by the relevant contractor at any time during the term then the landlord shall use its best endeavours to enter into a new maintenance contract for the service required with a contractor previously approved in Xxxxx Creek writing by the tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the landlord shall use its best endeavours to enter into a new maintenance contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the tenant with copies of the maintenance contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the term but only to the extent that such maintenance, repairrepair and renewal is not actually carried out under the maintenance contracts.
4.10.6 that:-
(i) the Installations have been serviced by a properly qualified person within the period of three months before the start of the term.
(ii) The gas contractor is Gas Safe registered and that any electricity contractor has been approved by NICEIC or such other regulatory bodies which replace them respectively and at its sole expense to provide the tenant on or before the commencement date of this lease with a valid Gas Safety Certificate (LGSR), replacement a valid Electricity Safety Certificate and an Energy Performance Certificate PROVIDED THAT if the Installations have not been serviced within the period of three months before the start of the term or if the landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the landlord shall pay for and obtain the said certificates from one of the contractors contained in the list of approved contractors obtainable from the tenant „s building services department
(iii) To carry out the ongoing maintenance, repairs and supply of a 3 star cover policy or equivalent
(iv) That the tenant will automatically deduct the cost of the annual inspections from the rent on or before the anniversary of the current Gas Safety Certificate (LGSR) plus reasonable administrative costs.
(a) Within 7 working days from the tenant’s notification in clause 3.8 above to renew the boiler using his own “Gas Safe” registered contractor
(b) the new boiler meets industry standards including energy efficiency and has a built in programmer and that existing radiators are upgraded with thermostatic valves where necessary.
(vi) The landlord’s contractor completes the benchmark commissioning checklist and LGSR (Landlord Gas Safety Record) which must be retained at the property and that a copy is forwarded to tenant for its records
(vii) Landlord shall arrange for it’s contractor to inspect, carry out the work performed pursuant and issue a satisfactory LGSR (Landlord Gas Safety Record) PROVIDED THAT it is agreed that If the work is not completed within 7 days, the tenant reserves the right to this section notify the landlord that the tenant will be immediately arranging for the gas boiler to be renewed and in that event the cost of renewal shall be performed in accordance with such standards.
7.3 At automatically deducted from the expiration or other termination of this Lease, Lessee shall surrender the Premises (rent and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 that “Notify” shall be deemed to relieve Lessee from mean by post, fax or email. This will also incur reasonable administrative costs, which the tenant will be entitled to.
(viii) To provide the tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the term.
4.10.7 To observe and perform the covenants and conditions of any liability which Lessee may have head lease (if any) and where not obliged to Lessor do so under the terms of this Lease any head lease then to procure compliance of the obligations under any superior lease (if any).
4.10.8 To keep any gardens forming part of the building, if it is the landlord‟s responsibility to do so or otherwise, on account if not to ensure that the owner of any damage as may be caused to the Premises freehold of the property or the Building by management company or the negligence superior landlord will do so and if applicable to keep any garden at the property tidy at all times during the term and to keep all xxxxxx and grass at the property regularly trimmed and cut.
4.10.9 To repair, renew or misconduct of Lessee or replace any of the Lessee Parties.
7.5 As used in this Section 7furniture or furnishings which have become unusable due to fair wear and tear, "repair and maintenance" shall include repairs and replacements, and defect or bad workmanship at any time during the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.term
Appears in 1 contract
Samples: Lease Agreement
Maintenance. 7.1 The Lessor shall not be obligated to maintain or make any repairs or replacements to warrants that the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Buildingbearing walls, and wood roof structure shall be free from defects in material and workmanship until such times as any of these structural systems have been altered or modified by Lessee. In the Common Areaevent, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement occurrence of any such defect during the Lease Termwarranty period and upon receipt of written notice from Lessee, Lessor shall promptly commence and diligently prosecute to completion such repairs as are necessary to correct such defect. Except for the aforegoing Lessor warranties, Lessee shall accept (excepting Punch List items) maintain and preserve the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Demised Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating the interior and air conditioning equipment and appliances, wiring and glass, exterior of the Building thereon in good order and repair; (ii) provide janitorial services clean condition making all repairs, replacements and restorations necessary for such maintenance and preservation: including, without limitation, tuckpointing, painting, glass replacement, glazing, caulking and the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section restoration of the roof covering, docks, landscaping and, parking areas. All repairs, replacements and restorations shall be performed in accordance with such standards.
7.3 quality at least equal to the original construction. Notwithstanding anything herein to the contrary, on or before each anniversary date of this Lease or extension thereof, Lessee shall deliver to Lessor written evidence satisfactory to Lessor that the roof of the building on the Demised Premises has been serviced by a roofing contractor licensed by the State of Arizona and satisfactory to Lessor. At the expiration or other termination of this Lease, by lapse of time or otherwise, Lessee shall surrender deliver the Demised Premises (and to the keys thereto) Lessor in as good condition and repair as when received, loss by fire or other casualty not obtained therein at the result commencement of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms term of this Lease or otherwisesubject, on account of any damage as may be caused however, to the loss or damage due to any casualty to the extent actually recovered by Lessor under insurance policies to be obtained and maintained by Lessee as herein set forth and normal wear and tear. Anything herein to the contrary, notwithstanding, Lessee will not suffer any waste t@-occur on the Demised Premises or and will make every reasonable effort to prevent the Building by Demised Premises from falling into disrepair; including, without limitation, the negligence or misconduct prompt performance of all repair, replacement and restoration obligations of Lessee or any of the Lessee Partiesas herein set forth.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Maintenance. 7.1 Lessor Except for those obligations of Master Landlord under the Master Lease and subject to Section 8(b) herein, Sublessee shall not be obligated repair and maintain the Subleased Premises and all equipment, systems, and property which are either located within or solely servicing the Subleased Premises, in good and clean order and condition and in every respect as required by the Master Lease. At the expiration or earlier termination of the Term of this Sublease, Sublessee shall surrender the Subleased Premises to maintain Sublessor in as good order and condition as when Sublessee took possession, normal wear and tear and casualty and condemnation excepted, and in the condition required for the surrender of same under the provisions of the Master Lease. In addition, and without limitation of the foregoing, Sublessee shall (a) if Sublessor so requests, remove any improvements or make any repairs or replacements alterations made by Sublessee to the Subleased Premises during and repair any damage caused by such removal, and (b) if Sublessor shall so request, leave any improvements or alterations made by Sublessee to the Lease Term Subleased Premises, except for any trade fixtures or personal property installed or placed by Sublessee in the roof, foundation, exterior walls (excluding, however, glass doors), Subleased Premises. The Sublessee shall also pay in full all exterior sewer utility costs and exterior utility lines all carpet cleaning and janitorial costs for the Subleased Premises throughout the full term of the Sublease. Notwithstanding anything to the Buildingcontrary contained in this Section 11 and exclusive of any damage caused by Sublessee, and Sublessor (or Master Landlord to the Common Area, and Lessee covenants and agrees extent Master Landlord has agreed to assume all responsibility of take on the following obligations) shall remain responsible for the repair and maintenance of all equipment, systems and property which service the entire Premises (as opposed to solely servicing the Subleased Premises) and Sublessee shall pay its prorated share (based on square footage of the Subleased Premises to the Premises) of the actual costs of such repair and maintenance, provided that if Sublessee contests a repair cost as unreasonably excessive (in light of comparable repair costs within the City of Palo Alto) or inaccurate, Sublessee shall notify Sublessor of its objection prior to the applicable payment due date and the parties will in good faith seek to resolve the dispute within ten (10) days of Sublessor’s receipt of the notice.
7.2 Upon commencement of (a) Notwithstanding anything to the Lease Termcontrary, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shallSublessor may elect, at its sole costoption, riskto perform certain repairs or routine maintenance of the systems, expense such as heating and liabilityair conditioning, keep and maintain serving the Subleased Premises in good order and repair, and in compliance with such event, Sublessee shall pay to Sublessor its proportionate share of the actual and reasonable cost of such maintenance.
(b) Without limiting or modifying the provisions of Section 21, which in part incorporates the terms of Section 9 of the Master Lease, Sublessee hereby waives all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek rights under California Civil Code section 1941 and all such maintenancerights to make repairs at the expense of Sublessor or in lieu thereof to vacate the Subleased Premises as provided by California Civil Code section 1942 or any other law, statute or ordinance now or hereafter in effect.
(c) Except for Section 8(b), Sublessor has no obligation and has made no promise to alter, remodel, improve, repair, replacement and work performed pursuant to this section shall be performed maintain, decorate or paint the Subleased Premises or any part thereof or any equipment, fixtures or improvements therein, except as expressly set forth in accordance with such standards.
7.3 At the expiration or other termination of this Lease. No representations respecting the condition of the Subleased Premises, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building have been made to Sublessee either by Sublessor or by any real estate broker, except as expressly set forth in this Sublease. Sublessee’s obligation to keep the negligence or misconduct of Lessee or any Subleased Premises and every part thereof and all equipment, fixtures and improvements therein in good condition and repair in accordance with this Section 11 is part of the Lessee Partiesconsideration for Sublessor’s leasing the Subleased Premises to Sublessee.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Sublease (Telik Inc)
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List itemsa) the Premises for its intended use, and Lessee shallTenant will, at its sole costcost and expense, riskkeep, expense maintain, repair and liability, keep and maintain replace (when necessary) the interior portions of the Premises (which Landlord is not obligated to repair in good order accordance with Section 11(b) below) in first-class condition and repairmake all needed repairs thereto, including plate glass, doors, windows, exposed interior utility lines, meters, pipes, conduits, fixtures and in compliance with all applicable governmental codes, ordinances other equipment and regulations. Lessee shall also systems (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating HVAC equipment) serving exclusively the Premises and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for personal property of Tenant within the Premises; , the Pool and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or elevators exclusively serving the Premises. At Tenant shall permit no waste, damage or injury to the Premises. Tenant shall perform all times necessary repairs, alterations and improvements to cause the Premises to comply with all applicable Laws, except that Landlord (and not Tenant) shall be kept responsible for making any capital repairs, alterations or improvements to the Premises required to cause the Premises to comply with applicable Laws to the extent that such compliance is not required as a result of Tenant’s particular use of the Premises or Tenant's particular Alterations to the Premises, but the cost of such capital item may be includable in accordance with Common Area Expenses on an amortized basis as provided in Section 10(a) above. Notwithstanding anything to the standards then prevailing contrary contained in Xxxxx Creek and all such maintenancethis Lease, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At if at any time during the expiration or other termination Term of this Lease, Lessee Tenant is required to make any replacements to the HVAC equipment serving the Premises or other mechanical or utility systems serving the Premises having a useful life extending beyond the expiration of the Term of this Lease, then Landlord shall surrender reimburse Tenant for a fraction of the costs of the applicable replacement item, the numerator of which is the number of months in the reasonably anticipated useful life of the applicable replacement item beyond the expiration of the Term of this Lease and the denominator of which is the total number of months in the reasonably anticipated useful life of the applicable replacement item, which reimbursement shall be made by Landlord to Tenant within thirty (30) days following Tenant’s submission to Landlord of request therefor accompanied by reasonable evidence of the costs of such replacement item.
(b) Landlord will, at its sole cost and expense, keep, maintain, repair and replace in first-class and professional manner and repair consistent with the standards of first-class shopping centers comparable to the Shopping Center located in the vicinity of the Shopping Center, and (subject to Tenant’s obligation to perform necessary repairs, alterations or improvements to the Premises to comply with applicable Laws where such compliance is required as a result of Tenant’s particular use of, or alterations to, the Premises) perform any repairs, improvements or alterations required by applicable Laws to, the foundation, footings, roof, roof membrane, exterior walls (provided that Common Area Expenses may include (i) graffiti removal from and touch-up painting of exterior walls, and (ii) complete painting of exterior walls not more often than once per each five (5) year period during the Term, provided that the cost of such complete painting shall be amortized over a five (5) year period and Common Area Expenses shall only include one-fifth (1/5th) of the cost thereof during each year of such amortization) and structural portions of, the Premises (excluding front doors, windows, and plate glass), utility lines, meters, pipes, conduits, fixtures and other equipment and systems (except if exposed within the keys thereto) in Premises and serving exclusively the Premises), exterior sprinkler systems, gutters and downspouts, plus all Common Areas of the Shopping Center. Tenant may give Landlord notice of such repairs as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall may be deemed to relieve Lessee from any liability which Lessee may have to Lessor required under the terms of this Lease Section, and Landlord shall proceed forthwith to effect the same with reasonable diligence, but in no event later than thirty (30) days after having received notice (or otherwisesuch greater period of time as is reasonably necessary to complete such repairs in the event such repairs are not reasonably susceptible of completion within thirty (30) days, on account provided Landlord shall, following receipt of such notice from Tenant, promptly commence such repairs and diligently prosecute the same to completion). In event of an “emergency” (which, as used in this Lease, shall mean a situation posing an imminent risk of material property damage, injury to persons or interruption of business operations in the Premises), Tenant shall have the right, but not the obligation, to undertake immediate repairs of such nature as would normally be Landlord’s responsibility, and notify Landlord promptly after such repairs have been undertaken (including, without limitation, notice by telephone, to the extent reasonably practicable). If Landlord fails to repair any portion of the Premises which is Landlord’s responsibility, within the thirty (30) day period set forth above (or such greater period of time as is reasonably necessary to complete such repairs in the event such repairs are not reasonably susceptible of completion within thirty (30) days, provided that following receipt of such notice from Tenant, Landlord promptly commences such repairs and diligently prosecutes the same to completion) and upon delivery of an additional notice to Landlord, or in the case of any emergency as above stated, Tenant may without notice perform the repairs or maintenance and Landlord shall reimburse Tenant for the reasonable cost of such repairs within thirty (30) days following Landlord’s receipt from Tenant of invoices and/or other reasonable evidence of the amount of such costs; provided, however, that in the event Landlord in good faith disputes whether Tenant properly performed an obligation of Landlord hereunder or the cost of such performance, Landlord shall have the right to dispute the same by institution of a reference proceeding in accordance with the provisions of Section 39 below. If it is determined pursuant to such proceeding that Tenant did not properly perform an obligation of Landlord in accordance herewith or that the cost of such performance was unreasonable, then Tenant shall not have any right to reimbursement for the cost of performance as herein provided (or, as to a determination of unreasonable cost, Tenant shall not be entitled to reimbursement of the portion of the cost of such performance determined to be unreasonable). If it is determined pursuant to such proceeding that Tenant properly performed an obligation of Landlord hereunder, then Landlord shall within thirty (30) days following such determination, reimburse Tenant for the reasonable cost of such performance as determined pursuant to such action, plus interest thereon at the “Interest Rate” (as hereinafter defined) from the date of Tenant’s expenditure until Landlord’s reimbursement. Should Landlord fail to pay such amount as is owing in accordance herewith (A) within thirty (30) days of receipt of invoice and/or other reasonable evidence of the amount of such costs (if Landlord does not institute an action within such thirty (30) day period to in good faith dispute as herein provided), or (B) within thirty (30) days after such determination by such action, as applicable, Tenant may deduct and offset such amount (including interest at the Interest Rate from the time such expenditure was made by Tenant until paid by Landlord) from Minimum Rent, Percentage Rent, Tenant’s Share of Common Area Expenses, Taxes and Insurance and other monetary obligations of Tenant owing to Landlord hereunder, provided that in no event shall such deduction or offset exceed twenty-five percent (25%) of Minimum Rent for the applicable month, or such greater percentage as is necessary to allow Tenant full recovery of the amount owing over the remainder of the Term.
(c) Landlord and its authorized representatives may enter the Premises during usual business hours, upon not less than twenty-four (24) hours’ prior written notice to Tenant to (i) inspect the same; and (ii) show the same to prospective mortgagees, buyers and, in the final six (6) months of the Term, tenants. Landlord may, upon reasonable prior notice to Tenant (except that no such prior notice shall be required in an emergency situation of imminent personal injury or material property damage as may be caused where notice is not reasonably practicable under the circumstances), enter the Premises to make additions, alterations or repairs to the Premises as Landlord is required to make in accordance with this Lease or in order to comply with applicable Laws, provided, however, that all such additions, alterations and/or repairs shall be performed in a manner so as to minimize interference with the Building operation of Tenant’s business from the Premises. In addition, in event of an emergency, Landlord shall have the right, but not the obligation, to undertake immediate repairs of such nature as would normally be Tenant’s responsibility, and notify Tenant promptly after such repairs have been undertaken (including, without limitation, notice by telephone, to the negligence or misconduct of Lessee or extent reasonably practicable). If Tenant fails to repair any portion of the Lessee Parties.
7.5 As used Premises which is Tenant’s responsibility, within thirty (30) days after notice from Landlord of the necessity for such repair (or such greater period of time as is reasonably necessary to complete such repairs in this Section 7the event such repairs are not susceptible of completion within thirty (30) days, "repair and maintenance" shall include provided that following receipt of such notice from Landlord, Tenant promptly commences such repairs and replacementsdiligently prosecutes the same to completion), or in the case of any emergency as above stated, Landlord may perform the repairs or maintenance and Tenant shall reimburse Landlord for the standard reasonable cost of such repairs within thirty (30) days following Tenant’s receipt from Landlord of invoices or other reasonable evidence of the amount of such costs; provided, however, that in the event Tenant in good faith disputes whether Landlord properly performed an obligation of Tenant hereunder or that the cost of such performance was unreasonable, Tenant shall be have the good, clean and safe condition right to dispute the same by institution of a first class business park building reference proceeding in north suburban Atlantaaccordance with the provisions of Section 39 below. If it is determined pursuant to such proceeding that Landlord did not properly perform an obligation of Tenant in accordance herewith or that the cost of such performance was unreasonable, Georgiathen Landlord shall not have any right to reimbursement for the cost of performance as herein provided (or, as to a determination of unreasonable cost, Landlord shall not be entitled to reimbursement of the portion of the cost of such performance determined to be unreasonable). If it is determined pursuant to such proceeding that Landlord properly performed an obligation of Tenant hereunder, then Tenant shall within thirty (30) days following such determination, reimburse Landlord for the reasonable cost of such performance as determined pursuant to such action, plus interest thereon at the Interest Rate from the date of Landlord’s expenditure until Tenant’s reimbursement.
Appears in 1 contract
Samples: Retail Lease (Sport Chalet Inc)
Maintenance. 7.1 Lessor A. Subject to Section 8.B below, Tenant shall not be obligated to maintain or make any repairs or replacements to keep the Demised Premises during and the Lease Term except for the rooffixtures and equipment therein in clean, foundationsafe and good operating condition, exterior walls (excluding, however, glass doors), all exterior sewer ordinary wear and exterior utility lines to the Buildingtear excepted, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole costcost and expense, riskpromptly make all repairs and perform all maintenance, expense in and liability, to the Demised Premises that are necessary to keep and maintain the Demised Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions repair and in a clean safe and sanitary rentable condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear onlyexcepted, excepted.
7.4 Nothing in this Section 7 but Tenant shall not be deemed to relieve Lessee from any liability which Lessee may have to Lessor responsible for maintenance items expressly assumed by Landlord under the terms of this Lease or otherwisemaintaining the Demised Premises in a manner that is inconsistent with Tenant’s maintenance standards for the Demised Premises prior to the Effective Date. In no event shall Landlord or Tenant have any obligation to make any changes, on account upgrades or other improvements to the Demised Premises in order to comply with any present or future laws, ordinances, regulations or orders of any damage governmental authorities having jurisdiction over the Demised Premises, subject to Section 18 of this Lease. In the event Tenant fails to maintain the Demised Premises in good order, condition and repair, ordinary wear and tear excepted, Landlord may (but shall not be obligated to) give Tenant notice to do such acts as may are reasonably required to so maintain the Demised Premises. In the event that after such notice Tenant shall fail to promptly commence such work and diligently prosecute it to completion, then Landlord shall have the right to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so reasonably expended by Landlord shall be paid by Tenant, as Additional Rent, promptly after demand with interest at the Default Interest Rate defined in Section 24 of this Lease. Landlord shall have no liability to Tenant for any damage, inconvenience, or interference with respect to Tenant’s use of the Demised Premises as a result of performing any such work, unless caused to the Premises or the Building by the negligence or willful misconduct of Lessee Landlord, its employees, agents or contractors. Maintenance and repair of special tenant areas, facilities, kitchen/galley/coffee equipment, air-conditioning equipment servicing the Demised Premises only and all other furniture, finishes and equipment of Tenant and any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard Alterations (hereinafter defined) made by Tenant shall be the goodsole responsibility of Tenant. In the event that Tenant requests that Landlord and/or its agents perform such work and Landlord agrees to do so, clean and safe condition Tenant shall reimburse Landlord promptly for the actual cost of a first class business park building in north suburban Atlanta, Georgiathe same.
Appears in 1 contract
Maintenance. 7.1 Lessor Landlord shall not be obligated to maintain or make any repairs or replacements to the Premises during the Lease Term except for the roofall Shell Construction items, foundation, exterior walls Building Systems (excluding, however, glass doorsdefined below), and Building common areas including all exterior sewer parking areas and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glasslandscaping, in good order and repaircondition as customary for Comparable Buildings. “Building Systems” shall include all electrical, plumbing, and air conditioning systems within the Building which either were included in the Shell Construction or which were installed by Tenant pursuant to this Lease and which meet the following requirements: (i) properly approved by Landlord; (ii) provide janitorial services installed in conformance with all plans and specifications as approved by Landlord; (iii) Tenant shall have informed Landlord in writing of the name, address, phone number and contact person of the contractor responsible for the Premisesinstallation of such system; (iv) Tenant shall have assigned in writing all contractor’s and manufacturer’s warranties received by Tenant in connection with such system; and (iiiv) keep in connection with Tenant’s contracting for the installation thereof, Landlord shall have been expressly named as a third party beneficiary to, and shall have been provided copies of, such contract and any related warranties. Notwithstanding the foregoing, “Building Systems” shall not include any improvements made to or within the Premises free which differ from all litterthe base building systems or are otherwise specialized to Tenant’s use and occupancy of the Premises and not customary for office tenants in Comparable Buildings. Any such improvement shall be maintained and repaired by Tenant, dirtat its sole cost and expense, debris with contractors and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract subcontractors approved by Lessor for the maintenance of all heating, ventilating, Landlord in writing and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept otherwise in accordance with the standards then prevailing provisions of Subsections 7(b) and 7(d) below. Landlord agrees to provide services and to maintain the Building in Xxxxx Creek a manner consistent with the services and maintenance provided to office tenants in Comparable Buildings; provided, however, all costs and expenses associated with the maintenance, repair and/or replacement of any item, element or component of Building Systems which was installed by or at the request of Tenant (except as approved above) shall be borne solely by Tenant, and Tenant agrees to reimburse Landlord for all such maintenance, repair, replacement costs and work performed pursuant to this section shall be performed in accordance with such standardsexpenses within fifteen (15) days after receipt of an invoice therefor.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Lease Agreement (Realpage Inc)
Maintenance. 7.1 Lessor Tenant(s) shall not properly use, operate and safeguard Premises, including if applicable, any landscaping, furniture, furnishings and appliances, and all mechanical, electrical, gas and plumbing fixtures, and keep them and the Premises clean, sanitary and well ventilated. Tenant(s) shall be obligated to maintain responsible for checking and maintaining all carbon monoxide and smoke detectors and any additional phone lines beyond the one line and jack that Landlord shall provide and maintain. Tenant(s) shall immediately notify Landlord, in writing, of any problem, malfunction or make any damage. Tenant(s) shall be charged for all repairs or replacements to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doorscaused by Tenant(s), all exterior sewer and exterior utility lines to the Buildingpets, and the Common Areaguests or licensees of Tenant(s), and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or excluding ordinary wear and tear onlytear. Tenant(s) shall be charged for all damage to Premises as a result of failure to report a problem in a timely manner. Tenant(s) shall be charged for repair of drain blockages or stoppages, exceptedunless caused by defective plumbing parts or tree roots invading sewer lines.
7.4 Nothing A. ☐ Landlord ☐ Tenant(s) shall water the garden, landscaping, trees and shrubs, except:
B. ☐ Landlord ☐ Tenant(s) shall maintain the garden, landscaping, trees and shrubs, except:
C. ☐ Landlord ☐ Tenant(s) shall maintain:
D. Tenant’s failure to maintain any item for which Tenant(s) is responsible shall give Landlord the right to hire someone to perform such maintenance and charge Tenant(s) to cover the cost of such maintenance.
E. The following items of personal property are included in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease Premises without warranty and Landlord will not maintain, repair or replace them during Residents’ tenancy. However, these items must stay on the premises in the working, or otherwise, on account condition in which they were at the time of any damage Tenant(s) move in date. Removal or disposal of items is prohibited. Any such actions will warrant the Landlord to make an estimate as may be caused to the Premises or the Building by the negligence or misconduct fair market value of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacementssaid items, and the standard shall their cost for replacing will be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.deducted from Tenant(s) security deposit:
Appears in 1 contract
Samples: Residential Lease Agreement
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements (a) By entry hereunder, Tenant accepts the Premises as being in good and sanitary order condition and repair and accepts the Building and the other improvements in their present condition. Any exceptions to the Premises during foregoing must be by written agreement executed by Landlord and Tenant. During the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance term of the Premises.
7.2 Upon commencement of the Lease TermLease, Lessee Tenant shall accept (excepting Punch List items) keep the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises every part thereof in good order condition and repair, at Tenant's sole cost and expense. The Tenant agrees on the last day of the term hereof, or on the sooner termination of this Lease, to surrender the Premises to Landlord in compliance good condition and repair with all applicable governmental codesinterior walls cleaned, ordinances all interior painted surfaces repainted in original color, all holes in walls repaired, all stained or damaged suspended ceiling tiles replaced, all carpets shampooed and regulationscleaned, and all floors cleaned and waxed. Lessee Tenant also agrees to surrender to Landlord all alterations, additions, and improvements which may have been made in, to, or on the Premises by Tenant, except that Tenant shall also ascertain from Landlord within thirty (i30) keep days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition as of the commencement of this Lease. If Landlord shall so desire, then Tenant shall restore the Premises or such part or parts thereof before the termination of this Lease at Tenant's sole cost and expense. Tenant on or before the end of the term or sooner termination of this Lease, shall remove all sewer its personal property and utility lines servicing trade fixtures from the Premises, and all property not so removed shall be deemed to be abandoned by Tenant. If the Premises is not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, all sewer connectionsany claims made by any succeeding Tenant founded on such delay.
(b) Notwithstanding the provisions of Xxxxxxxxx 00(x), Xxxxxxxx shall repair and maintain the roof, exterior walls, and foundation of the Building, and plumbing, heatingair conditioning, ventilating heating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved electrical systems installed or furnished by Lessor for the maintenance of all heating, ventilatingLandlord, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek parking and landscaped areas and all other common areas appurtenant to the Building, as provided in Paragraph 7(b), unless such maintenancemaintenance and repairs are necessitated in part or in whole by the act, repairneglect, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act fault or omission of Lesseeany duty by Tenant, or ordinary wear its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the entire cost of such maintenance and tear only, exceptedrepairs.
7.4 Nothing (c) Tenant hereby waives Section 1932.1 of the Civil Code of California, as well as all rights to make repairs at Landlord's expense under Sections 1941.1, 1942 and 1942.1 of the said Code, or any similar or successor laws. Except as provided in this Section 7 Paragraph 23 hereof, there shall be deemed to relieve Lessee from any no abatement of rent and no liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account Landlord by reason of any damage as may be caused injury or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the Building or the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Partiesto fixtures, appurtenances and equipment therein.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Office Lease (Salix Holdings LTD)
Maintenance. 7.1 Lessor The Staff shall not be obligated to maintain or make any repairs or replacements to the Premises during the Lease Term except responsible for the roofordinary upkeep, foundation, exterior walls (excluding, however, glass doors), all exterior sewer maintenance of and exterior utility lines to or minor repairs on the Buildingleased premises, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) moreover keep the Premises free from all litter, dirt, debris and obstructions and said premises in a clean and sanitary condition. The maintenance, servicing and or replacements of common electrical light fixtures which Lessor may have originally furnished to Lessee shall enter into a contract approved be undertaken by Lessor for the maintenance of all heating, ventilating, Lessee at the Lessor’s expense to insure safety and air conditioning equipment located in or serving the Premisesfunctionality. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other Upon termination of this Lease, these electrical fixtures shall be turned over to Lessor in good condition. Except with the prior written consent of the Lessor, the Lessee shall surrender not drive nails, screws, hooks, connect, install, run wires, tubes or other abutments on the Premises (and walls, frames or other portions of the keys thereto) Building nor in as good condition as when receivedany manner deface or damage any part of the premises of the Building. Failure of the lessee to obtain the prior consent of the Lessor shall entitle the Lessor to remove the same at Lessee’s expense and/or charge the Lessee for the amount of the damage or injury done or caused by the Lessee or terminate this lease. The Lessee shall not bring into or store in the leased premises anything of a highly inflammable nature or explosive materials nor install therein any cooking and/or other apparatus, loss by machinery or equipment which may cause obnoxious odors, tremors or noise, or expose the leased premises to fire or increase the fire hazard of the building or change the insurance rate of the Building, or any other casualty article which the Lessor may reasonably prohibit, it being understood that should the Lessee do so, the latter shall not only be responsible for all damages which such violation may cause and Lessor and/or its other tenants but, in addition thereto, the Lessor shall have the right to cancel this contract. If the Lessee shall use the leased premises or the Building in such a manner or deposit therein any such matter as to result in any increase in the rate of any act or omission the insurance payable by the Lessor, the increase shall be for the account of Lessee. The Lessee shall provide itself, at his/her/its own cost and expense, with trash cans which the city ordinance require to hold and contain waste matter, garbage and refuse and shall deposit them within its own premises or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage at such places as may be caused to designated by the Premises or Building. The sidewalk, entries, corridors, stairways and passageways in the Building shall not be obstructed or used by the negligence or misconduct of Lessee or for any purpose other than for ingress to and egress from the leased premises. The Lessee shall not encroach upon the same and shall observe at all times the borderline limits of the Lessee Partiesleased premises.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Staff Housing Agreement
Maintenance. 7.1 Lessor Landlord shall repair and maintain in good condition, the structural parts of the Building, which shall include only the foundations, bearing and exterior walls (excluding glass), subflooring and roof (excluding skylights), the unexposed electrical, plumbing and sewerage systems lying outside the Building, exterior doors (excluding glass), window frames, gutters and downspouts on the Building, and the exterior portions of the Phase (parking and other paved areas and landscaped areas); provided, however, (a) the cost of all such maintenance shall be considered “Expenses” for purposes of Section 4.c except to the extent excluded by Section 4.c, (b) to the extent not covered by insurance, the cost of any work required due to damage or excessive wear caused by Tenant or its agents shall be paid by Tenant, and (c) Landlord shall not be obligated to maintain any outdoor equipment or make improvements of Tenant such as any repairs tank farm nor to perform any work related to any Betterment or replacements necessitated due to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors)any Betterment, all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee which shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, be performed by Tenant at its sole costexpense. Except as provided above, riskTenant shall maintain and repair (but, expense and liabilityexcept as provided in Section 4.c, keep and maintain not replace) the Premises in good order condition, ordinary wear and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premisestear excepted, including, without limitation, maintaining and repairing all sewer connectionsother walls, plumbingfloors, heatingceiling, ventilating interior doors, exterior and air conditioning equipment interior windows and appliancesfixtures as well as damage caused by Tenant, wiring its agents, employees or invitees. Tenant shall obtain and glassdeliver to Landlord a service and maintenance contract for all HVAC units and systems serving the Building. Tenant shall, through such contract and as otherwise necessary, repair and maintain such HVAC in good order operating condition and repairany replacements shall be treated as provided in Section 4(c) above. Such contract shall be renewed so as to be in constant force and effect; (ii) provide janitorial services for the Premises; terms and (iii) keep form of such contract are subject to the reasonable approval of Landlord. Tenant shall make such alterations and improvements to the Premises free from all litter, dirt, debris as are required to comply with Laws to the extent attributable to the unique and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance specific use of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises by Tenant, but Tenant shall have no obligation to make improvements or alterations required by Laws of general applicability (such as building codes requiring earthquake reinforcement, compliance with the Americans with Disabilities Act, or environmental conditions not created or caused by Tenant); any such work shall be kept accomplished in accordance compliance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the Section 13 below. Upon expiration or other termination of this Lease, Lessee Tenant shall surrender the Premises (and to Landlord in the keys thereto) in as good same condition as when receivedexisted at the commencement of the term, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary except for reasonable wear and tear only, exceptedtear.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Lease
Maintenance. 7.1 Lessor Tenant shall , throughout the term of this lease, take and good care of the demised premises and the fixtures and repairs appurtenances therein. Tenant shall be responsible for all damage or injury to the demised premises or any other part of the building and the systems and equipment thereof, whether requiring, structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the installation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage tot the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant's expense, all repairs in and tot he demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Owner shall maintain in good working order and repair the exterior and the structural portions of the building, including the structural portions of its demised premises, and the public portions of the building interior and the building plumbing, electrical and ventilation systems (to the extent such systems presently exist) servicing the demised premises. Tenant agrees to give prompt notice to any defective condition in the premises for which Owner may be responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in and to the fixtures, appurtenances or equipment thereof, it is specifically agreed that Tenant shall not be obligated entitled to maintain any setoff or make reduction of rent by reason of any repairs or replacements failure of Owner to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance comply with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to covenants of this section shall be performed in accordance with such standards.
7.3 At the expiration or any other termination article of this Lease, Lessee Tenant agrees that Tenant's sole remedy at law in such instance will be by the way of an action for damages for breach of contract. The provisions of this Article 4 shall surrender not apply in the Premises (and the keys thereto) in as good condition as when received, loss by case of fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing which are dealt with in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.Article 9 hereof. Window Cleaning:
Appears in 1 contract
Samples: Lease Agreement (Compuflight Inc)
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements to the Premises Subtenant shall, at all times during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole costcost and expense, riskpromptly perform all maintenance and repairs to the interior of the Third Floor Space that are not Master Landlord’s, expense Sublandlord’s or Tenant’s express responsibility under the Master Lease, Sublease or this Agreement, and liability, keep and shall maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing interior of the PremisesThird Floor Space, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glassthe FF&E, in good order condition and repair, reasonable wear and tear and damage caused by casualty excepted and repairs that are the express responsibility of Master Landlord, Sublandlord, and Tenant under the Master Lease, Sublease and this Agreement excepted. For the avoidance of doubt, Subtenant’s obligations as to the Third Floor Space under the preceding sentence shall not differ from Tenant’s obligations as to the Subleased Premises as set forth in Section 5.5(b) of the Sublease. Notwithstanding anything to the contrary expressed in this Agreement, but subject to the provisions of the Master Lease and Sublease, Tenant shall not be liable for and there shall be no abatement of rent with respect to any injury or interference with Subtenant’s business arising from any performance or nonperformance of any repair, maintenance, alteration or improvement in and to any portion of the Subleased Premises, including the Third Floor Space, no actual or constructive eviction of Subtenant shall result from such performance or non performance; provided, however, that notwithstanding anything to the contrary contained in this Agreement, (i) Tenant, upon its receipt of written notice from Subtenant, shall use reasonable efforts to enforce all repair and maintenance obligations of Sublandlord under the Sublease and Master Landlord under the Master Lease, and (ii) provide janitorial services if for any reason Tenant shall be entitled to receive under the Premises; Sublease an abatement of rent as to the Third Floor Space (applicable to any period during the Term) and (iii) keep receives such an abatement, then Subtenant shall be entitled to receive from Tenant an equitable abatement of Sub-Rent payable under this Agreement. Except for any termination rights that Subtenant may have with respect to any damage to the Premises free from all litterThird Floor Space or Building caused by a casualty or condemnation, dirt, debris and obstructions and in a clean and sanitary condition. Lessee Subtenant shall enter into a contract approved by Lessor for not have the maintenance of all heating, ventilatingright to terminate this Agreement, and air conditioning equipment located Subtenant shall not be relieved from the performance of any covenant or agreement in this Agreement by reason thereof. Subtenant hereby waives ad releases its right to make repairs at Tenant’s expense under Sections 1932(1), 1933(4), 1941 and 1942 of the California Civil Code or serving the Premisesany similar or successor law now or hereinafter in effect. At all times the Premises shall be kept in accordance with end of the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration Term or other earlier termination of this LeaseAgreement, Lessee shall Subtenant’s surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in obligations under this Section 7 Agreement shall be deemed satisfied if Subtenant shall deliver the Third Floor Space to relieve Lessee from any liability which Lessee may Tenant in broom clean condition, free of its personal property, and shall have no obligation to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or remove any of the Lessee PartiesFF&E or any Alterations or Tenant Improvements made to the Third Floor Space by Sublandlord or Tenant.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Sub Sublease (Glu Mobile Inc)
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements to the Premises during the Lease Term except for the roofA. Except as expressly provided otherwise in this lease, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee Tenant shall, at its sole costcost and expense, riskmaintain the premises including the building and improvements thereon, expense the parking area and liabilityservice areas, the approaches thereto and appurtenances thereof, including all adjacent sidewalks and alleys, in good order and repair during the term of this lease. Landlord shall not have any responsibility to maintain the premises. Tenant waives the provisions of Civil Code (S)(S)1941 and 1942 with respect to Landlord's obligation for tenantability of the premises and Xxxxxx's right to make repairs and deduct the expenses of such repairs from rent.
B. Tenant shall, at its sole cost and expense, during the term of this lease keep and maintain all the Premises personal property in good order and repair, . Tenant shall have the right to install on the premises any and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring fixtures which Tenant desires to install thereon and glass, in good order and repair; which are necessary or convenient to Tenant's use of the premises as a skilled nursing facility. All such property so installed by Xxxxxx (iiother than as replacements for personal property as provided below) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept and remain Tenant's property and may be removed by Xxxxxx as provided in accordance this lease. Tenant shall not remove the personal property or any part thereof from the premises without the prior written consent of Landlord. Tenant shall replace with suitable substitutes any worn out or broken items of personal property as the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant same may occur from time to this section shall be performed in accordance with such standards.
7.3 At time throughout the expiration or other termination term of this Leaselease, Lessee at Tenant's expense. Items so replaced by Tenant shall surrender become the Premises (property of Landlord. Xxxxxx agrees, upon written request from Landlord, to execute for filing a form UCC-l Financing Statement listing Tenant as "debtor" and Landlord as "secured party" with respect to the keys thereto) personal property on the premises and listed on Exhibit B.
C. Xxxxxx accepts the premises and personal property in their "as good is" condition and Tenant shall make all repairs, alterations, replacements and additions necessary to obtain and maintain licensing as when received, loss by fire or other casualty not a skilled nursing facility and certification of the result of any act or omission of Lessee, or ordinary wear facility as a provider under Medi-Cal and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under Medicare legislation during the terms entire term of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Partieslease.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Assignment and Assumption of Lease Agreement (Sycamore Park Convalescent Hospital)
Maintenance. 7.1 Lessor shall not (a) The Allottee(s) xxxxxx agrees and undertakes that he/she/they/it will enter into a Separate Tripartite Maintenance Agreement with the Company and the Maintenance Agency appointed by the Company.
(b) The Allottee(s) further agrees and undertakes to pay the indicative and approximate maintenance charges as may be obligated to maintain or make any repairs or replacements to levied by the Premises during the Lease Term except Maintenance Agency for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair upkeep and maintenance of the Premises.
7.2 Upon commencement Complex, its common areas, utilities, equipment installed in the Building and such other facilities forming part of the Lease TermComplex. It is however agreed between the parties that the maintenance charges shall be calculated on a cost plus 20% basis. Such charges payable by the Allottee(s) will be subject to escalation of such costs, Lessee shall accept (excepting Punch List items) taxes and expenses as may be levied by the Premises for its intended useMaintenance Agency. The Company reserves the right to change, modify and Lessee shall, amend the Tripartite Maintenance Agreement at its sole costdiscretion from time to time.
(c) In addition to the payment of the Maintenance Charges to be paid by the Allottee(s), risk, expense the Allottee(s) agrees and liability, keep and maintain the Premises undertakes to pay in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulationsadvance Interest Free Maintenance Security ('IFMS') as applicable. Lessee The IFMS shall also be utilized for replacement, refurbishing, external façade of the building, major repairs of plants, machinery, etc. installed in the said complex or towards defrayment of expenses necessitated by any unforeseen occurrence involving expenditure in relation to the complex or any capital expenditure to be incurred in the complex.
(id) keep all sewer The Allottee(s) further undertakes to abide by the terms and utility lines servicing conditions of the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating Maintenance Agreement and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and to pay promptly all such maintenancedemands, repair, replacement bills and work performed pursuant charges as may be raised by the Maintenance Agency from time to this section shall be performed in accordance with such standardstime.
7.3 At (e) The Allottee(s) agrees that any violation of the expiration or other termination terms of this Lease, Lessee the Maintenance Agreement shall surrender the Premises (and the keys thereto) in automatically be construed as good condition as when received, loss by fire or other casualty not the result an event of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor default under the terms of this Lease Agreement. The Allottee(s) hereby conveys his/her/their/its no objection in respect of the said Maintenance Agency nominated by the Company for performing such services.
(f) The Allottee(s) agrees that the Company or its nominated Maintenance Agency shall carry out the maintenance of common services and facilities pertaining to the said Complex from the issue of final notice of possession to the Allottee(s). The Allottee(s) agrees to permit the Company or its nominated Maintenance Agency to enter into the said Apartment or any part thereof, after due notice in writing and during the normal working hours, unless the circumstances warrant otherwise, with a view to carry out the maintenance of common services and facilities and to set right any defect in the said Apartment or any defects in the said Apartment above or below the said Apartment. Any refusal of the Allottee(s) to give such right to entry will be deemed to be a violation of this Agreement and the Company shall be entitled to take such actions as it may deem fit. The Allottee(s) shall pay necessary charges for maintenance of common services and facilities as determined from time to time. It is clarified that the scope of maintenance and upkeep of various common services within the Building/Complex and outside has been described in detail in the Maintenance Agreement. It is understood by the Allottee(s) that the maintenance and insurance of individual Apartment shall always remain the responsibility of the Allottee(s).
(g) The Allottee(s) undertakes to pay the maintenance bills as raised by the Company or its nominated Maintenance Agency from the date of notice for possession on account pro-rata basis irrespective of any damage whether the Allottee(s) is/are in actual possession of the said Apartment or not. In order to secure due performance by the Allottee(s) in payment of the maintenance bills and other charges raised by the Maintenance Agency, the Allottee(s) agrees to deposit, as may per the Schedule of Payments given in Annexure V of this Agreement and to always keep deposited with the Company an Interest Free Maintenance Security, as applicable. In the event Allottee(s) fails and/or neglects to pay the maintenance bill, other charges on or before the due date, the Allottee(s), then in such an event shall not be caused entitled to receive the services being rendered by the Maintenance Agency and in addition thereto the Company shall also have the right to adjust unpaid amount against maintenance bills out of the security deposit. The Company shall handover the corpus so collected, after settlement of accounts/expenses as mentioned in clause 22(c) and adjustment of outstanding amounts, if any, to the Premises or society as and when the Building same is formed.
(h) The actual maintenance charges shall be informed at the time of giving possession of the said Apartment when the Maintenance Agreement would compulsorily be executed by and between the Allottee(s) and the Maintenance Agency in the standard agreed format as provided by the negligence or misconduct of Lessee or any Company and/or Maintenance Agency. It is further agreed and acknowledged by the Allottee(s) that the maintenance charges shall be payable as per the bills of the Lessee PartiesMaintenance Agency.
7.5 As used in this Section 7(i) The scope of maintenance and general upkeep of various common services within the Tower/Complex shall broadly include but not be limited to operation and maintenance of generators including diesel, "repair firefighting system, garbage disposal and maintenance" upkeep of common areas, water supply, sewerage system, common area lighting. The service outside the said Apartment but within the Complex shall include repairs maintenance of internal roads, pathways, boundary walls/fencing, horticulture, drainage system, street lighting, water supply, general watch, security and replacements, and such other services within the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, GeorgiaComplex.
Appears in 1 contract
Samples: Buyer's Agreement
Maintenance. 7.1 Lessor 9.1.1. Except only for maintenance and repairs to be performed or made by Landlord as expressly provided in this Section, and ordinary wear and tear (provided good maintenance practices are employed, but this exception shall not be obligated excuse Tenant from any obligation hereunder to maintain or make any necessary repairs or replacements to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doorsreplacements), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee Tenant shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in a neat, clean and sanitary condition and in good order, repair, and condition (and shall make any necessary replacements), including the maintenance and repair of all of the following, even if otherwise excluded from the Premises pursuant to Section 2.2: any improvements constructed or installed by Tenant; all electrical, plumbing, gas, HVAC, sewage and other utility facilities and equipment exclusively serving the Premises; interior walls, floors, and ceilings; sprinklers, fixtures, signs (if and where permitted) and all interior building appliances and similar equipment; and the exterior and interior portions of all windows, window frames, doors, door frames, and all other glass or plateglass thereon or therein. Tenant shall also be responsible for the cost of repairs to the Building (including the Common Facilities and the Premises) and the Property caused by any act or negligence of Tenant or Tenant's Agents, including damage to the roof, foundations and exterior walls of the Building and Premises or to the utilities servicing the Building and the Premises; and if such repairs are required, Landlord may demand that Tenant make the same forthwith, at its sole cost or expense, or Landlord may cause such repairs to be made and the cost of same shall be paid by Tenant, as additional rent, promptly upon demand therefor.
9.1.2. The Landlord shall, promptly after receipt of written notice from the Tenant, make any necessary repairs (or replacement) to the roof, foundations, exterior walls and structural components of the Building ("Structural Repairs"); provided Landlord shall not be responsible repairs required by reason of any act or negligence by the Tenant or Tenant's Agents.
9.1.3. Landlord shall maintain the Common Facilities in at least as good order and repairrepair as same are now in, except for repairs and maintenance made necessary by any act or negligence or default of Tenant or Tenant's Agents, in compliance with all applicable governmental codeswhich case such repairs and maintenance (and/or replacement) shall be made by Tenant at its sole cost and expense, ordinances or Landlord may cause such repairs to be made and regulationsthe cost of same shall be paid by Tenant, as additional rent, promptly upon demand therefor. Lessee The Common Facilities shall also (i) keep all sewer be subject to the exclusive control and utility lines servicing management of the Premises, includingLandlord who shall have the right, without limitation, all sewer connectionsand in addition to the previous provisions hereof: to police the same; to change the area, plumbinglevel, heatinglocation and arrangement of Common Facilities, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for provided same does not impair Tenant's reasonable use of the Premises; and (iii) keep the Premises free from to close all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance or any portion of all heating, ventilating, and air conditioning equipment located in said areas or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all facilities to such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage extent as may be caused legally sufficient to prevent a dedication thereof or the accrual of any right to any person or the public therein; and to close temporarily all or any portion of the parking areas (if any) to discourage noncustomer parking and for the reasonable stockpiling of snow. The Landlord shall operate the Common Facilities in such manner as the Landlord in its reasonable discretion shall determine.
9.1.4. Except as specifically provided in subsections 9.1.2 and 9.1.3 above, Landlord shall not be responsible for any maintenance or repairs to the Premises Premises, the Building or the Building Property.
9.1.5. All costs incurred by the negligence or misconduct of Lessee or any Landlord in performing its obligations under this Section 9.1 shall be included as a part of the Lessee Parties.
7.5 As used in this Section 7Operating Costs, "repair and maintenance" shall include repairs and replacementsexcept for Structural Repairs, and the standard costs of which shall be borne by Landlord and shall not be included as part of the good, clean and safe condition of a first class business park building in north suburban Atlanta, GeorgiaOperating Costs.
Appears in 1 contract
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements to the Premises during the Lease Term except for the roofREPAIR, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shallAND GENERAL RULES Tenant will, at its sole cost, risk, expense and liabilityexpense, keep and maintain the Premises and appurtenances in good order and repairsanitary condition and repair during the term of this South Carolina Lease Agreement and any renewal thereof. Tenant shall be financially responsible for all repairs caused by negligence or abuse by tenant, and in compliance with shall make and pay for all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep repairs necessary to restore the Premises free from all litter, dirt, debris in and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary normal wear and tear onlyexcepted. Landlord shall have the right to designate the person or entity to make any such repair to the Premises. Tenant shall notify landlord immediately by filing a maintenance request in the event the Premises, excepted.
7.4 Nothing in this Section 7 or any part thereof, need repairs or maintenance. In the event tenant fails to make any repairs or restorations required hereunder of tenant, landlord may, but shall not be obligated to, make the same at tenant’s expense, the cost thereof shall be deemed immediately payable as additional rental by tenant to relieve Lessee from any liability which Lessee may have to Lessor under landlord. Landlord will change/check air filters once a quarter and tenant will be notified through e-mail at least 24 hours before this service is performed. Without limiting the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any generality of the Lessee Parties.foregoing, Tenant shall:
7.5 As used in this Section 7A. Not obstruct the driveways, "repair and maintenance" shall include repairs and replacementssidewalks, and the standard entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only;
B. Keep all windows, glass, doors, locks and hardware in good, clean order and safe condition repair; Tenants are responsible for providing their own window treatments including blinds, if desired;
C. Not obstruct the windows or doors;
D. Not leave windows or doors in an open position during any inclement weather causing damage;
E. Replace batteries in smoke detectors and lightbulbs as needed. The exception to this would be fluorescent lights or light bulbs requiring a ladder to change. Should a tenant be unwilling to perform these tasks, Xxxxx Rentals maintenance can do so for a service fee of $25.
F. Not hang any laundry, clothing, sheets, etc., from any window, rail, porch or balcony nor air or dry any of same within any yard area or space;
G. Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord;
H. Be responsible for all pest control treatments related to fleas or bedbugs;
I. Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from hair clogs or misuse (such as allowing foreign or improper objects in ) shall be borne by Tenant;
J. Use clothes washer and dryer in proper manner according to manufacturer’s instructions and maintain it in good order. Any repairs resulting from the misuse of these appliances will be borne by tenant.
K. Tenant's family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents; tenants are not allowed any alcohol-related parties with guests;
L. Keep all radios, televisions, stereos, etc., turned down to a first class business park building level of sound that does not annoy or interfere with other residents or the public;
M. Deposit all trash, garbage, rubbish or refuse in north suburban Atlantathe receptacles provided and shall not allow any trash, Georgiagarbage, rubbish or refuse to accumulate on the exterior of any building; tenants are responsible for keeping the exterior of their residence (including any porches) free of litter at all times. A FINE OF $25 OR MORE CAN BE LEVIED FOR EACH OCCURRENCE OF LITTERING.
N. Abide by and be bound by any and all rules and regulations affecting the Premises as determined necessary by the Landlord.
O. Keep dryer in good working order by changing the dryer lint between each use. Damage to machine due to negligence and failure to follow this procedure will result in any charges for repair being borne by the tenant.
Appears in 1 contract
Samples: Lease Agreement
Maintenance. 7.1 Lessor Landlord shall not be obligated called upon and shall have no obligation to make any repairs, improvements or alterations whatsoever to the Premises except that during the term of this Lease, Landlord shall at Landlord's sole cost and expense, repair and maintain or the exterior walls (but not storefronts, glass, plate glass, doors), foundations, roof, roof membrane, load bearing walls and floor slabs in good structural repair; provided, however, that Landlord shall not be required to make any repairs to any part of the Premises until written notice of the need for such repairs is given to Landlord by Tenant. If Landlord fails to prosecute such maintenance and repairs diligently and continuously until completion, Tenant may prosecute such maintenance and repairs itself and Landlord shall reimburse Tenant for the reasonable cost of such repairs within seven (7) days of receiving written notice of the same. It is further provided that Landlord shall not be liable for or replacements required to make any repairs, or perform any maintenance, to or upon the Premises which are required by, related to or which arise out of negligence or willful misconduct of and by Tenant, its employees, agent, invitees, licensees or customers, in which event Tenant shall be solely responsible therefor; and if such repairs are undertaken by Landlord, it shall be solely at the expense of Tenant and Tenant shall pay said amounts within thirty (30) days of receipt of billing therefor, or in the alternative shall be considered in default under the terms of this Lease. Except to the Premises during extent caused by the Lease Term except for the roofnegligence or willful misconduct of Landlord, foundationLandlord's employees, exterior walls (excludingagents, howevercontractors, glass doors)invitees or licensees, all exterior sewer and exterior utility lines to the BuildingTenant shall repair, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liabilityservice, keep and maintain the remaining portions of the Premises in good order condition and repairrepair and shall replace all glass in the windows and doors broken during the Lease term. Tenant agrees to make repairs promptly as they may be needed at Tenant's expense. If Tenant fails to prosecute such maintenance and repairs diligently and continuously until completion, Landlord may prosecute such maintenance and in compliance with all applicable governmental codes, ordinances repairs itself and regulations. Lessee Tenant shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services reimburse Landlord for the Premises; and reasonable cost of such repairs within seven (iii7) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance days of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any receiving written notice of the Lessee Partiessame.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Maintenance. 7.1 (a) Lessee at its own expense shall at all times during the Term applicable to the Equipment inspect, maintain, service, repair and overhaul the Equipment so as to keep it (i) in good operating condition and good physical condition, ordinary wear and tear excepted, (ii) in compliance with applicable insurance policies and in a manner and frequency required by applicable manufacturers' warranties, if any, and (iii) maintain the Equipment under a preventive maintenance program by qualified personnel (who may be employees of Lessee) who possess a working knowledge of the mechanical operation of the Equipment including electrical systems, motors, drives, controls, accessories, lubricants and all other items necessary to make the machine operate at the same rate of production as of the date of delivery under this Lease and in the same manner and with the same care as used by Lessee with similar equipment owned or leased by Lessee, and as such specifications may be adjusted by Modifications under this Lease, subject to ordinary wear and tear (with respect to the Equipment, the "Applicable Specifications"). The Equipment shall be, moreover, inspected, maintained, serviced, repaired, overhauled and preserved by Lessee in compliance with all material requirements of Applicable Laws, and Lessee will (at its expense) provide all maintenance and service and make all repairs necessary for such purpose. Lessor shall not be obligated obliged in any way to maintain, alter, repair, rebuild, overhaul or replace the Equipment.
(b) Lessee shall maintain or make any repairs or replacements to the Premises during the Lease Term except for the roofin proper order all appropriate books, foundationrecords, exterior walls (excludingservice manuals, howeveroperating manuals, glass doors), all exterior sewer and exterior utility lines to the Buildingblueprints, and title documents in connection with the Common AreaEquipment and provide all such books, records and Lessee covenants and agrees documents to assume all responsibility Lessor at the date of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulationsreturn. Lessee shall also (i) keep maintain or cause to be maintained all sewer records, logs and utility lines servicing other materials required to be maintained in respect of the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating Equipment by Applicable Laws and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in upon written request promptly furnish or serving the Premises. At all times the Premises shall cause to be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have furnished to Lessor under the terms of this Lease or otherwise, on account of any damage such information as may be caused required to the Premises enable Lessor to file any reports required to be filed by Lessor or the Building by Owner Participant with any Governmental Authority because of Lessor's ownership or interest in the negligence or misconduct of Lessee or any of the Lessee PartiesEquipment.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Maintenance. 7.1 Lessor 9.1 Tenant shall, at its sole cost and expense, at all times during the Term of this Lease, maintain the Premises and ever.- part thereof in good, clean working order, condition and repair including, without limitation, the structural portions of the building and improvements thereon, the interior and exterior thereof, foundations, roofs, plate glass, wiring, plumbing, heat and air conditioning units, mechanical systems, parking and service areas, landscaping, the approaches thereto and appurtenances thereof, including all adjacent sidewalks and alleys. Tenant's obligation to maintain the Premises shall specifically include, without limitation, the obligation to make any and all repairs, including, but not limited to, any and all repairs, alterations, replacements and additions to the Facility required by law and/or as necessary to obtain and maintain licensing as the Licensed Facility, and to repaint and/or restain all painted and wood surfaces and restripe the parking areas as required. Landlord shall not be obligated have any responsibility to maintain or make any repairs or replacements to the Premises during or any part thereof including, without limitation, any structural or mechanical maintenance, repair or replacement. Tenant waives all rights under any laws which may provide for Tenant's right to make repairs and deduct the expenses of such repairs from rent or to withhold rent or terminate the Lease Term except for based upon the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance condition of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee 9.2 Tenant shall, at its sole costcost and expense, risk, expense and liabilityat all times during the term of this Lease, keep and maintain the Premises F, F & E , in good order working order, condition and repair. Tenant shall not remove the F, and in compliance with all applicable governmental codesF & E, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing and/or replacements thereof or any part thereof FRONT the Premises, includingwithout the prior written consent of Landlord. Tenant shall purchase and replace with substitutes of equal or higher quality any worn out or broken items of F, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for F & E from time to time throughout the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms Term of this Lease or otherwise, on account of any damage as with Landlord's prior written consent and at Tenant's sole cost and expense. Items being replaced by Tenant may be caused removed with Landlord's prior consent. The items being replaced and items replacing same shall be and remain the property of Landlord. Tenant agrees, upon written request from Landlord, to the Premises or the Building by the negligence or misconduct of Lessee or execute any and all documents necessary to assist Landlord to fully evidence Landlord's ownership of the Lessee Parties.
7.5 As used in this Section 7F, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.F & E.
Appears in 1 contract
Samples: Lease Agreement (Emeritus Corp\wa\)
Maintenance. 7.1 A. During the Term of this Lease, Lessee at Lessee’s expense:
1. Shall maintain and keep the Helicopter, its engines, components, appliances, accessories, instruments and equipment in good order and repair in strict compliance with FAA requirements (and without limitation of the foregoing), cause to be performed on all parts of the Helicopter and its engines all mandatory Airworthiness Directive (“AD’s”), Special Federal Aviation Regulations (“SFAR’s”) and all manufacturer’s service bulletins the compliance date of which shall fall during the Term of this Lease, and also in accordance with all manufacturer’s manuals or Lessee’s FAA approved maintenance programs.
2. Shall replace the Helicopter components, appliances, accessories, instruments and equipment, any and all engines, parts, applicants, instruments, or accessories which may become defective, lost, destroyed or otherwise rendered unfit for use during the lease period in accordance with the terms and conditions of this Lease.
3. Shall perform all overhauls, checks, inspections and maintenance service to all parts of the helicopter and its engines required to keep them in the condition required under this Lease.
4. May make such modifications, changes or alterations to the Helicopter or its engines as Lessee may determine and as Lessor shall first approve in writing. Lessor shall respond within five days and will not unreasonably withhold such approval. Lessor shall bear no liability for the cost of any such modification, change or alteration to the Helicopter or its engines whether in the event of grounding or suspension of certification or for any other cause. At the end of the Term of this Lease, at Lessor’s option, Lessee shall (i) at its cost remove any equipment or alterations that it installed and return the Helicopter as was received, except that the New Interior will be maintained in the Helicopter or (ii) sell such alterations or equipment (provided that Lessor shall not be obligated to maintain or make pay any repairs or replacements to the Premises during the Lease Term except amount for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines New Interior) to Lessor at Lessee’s cost less depreciation calculated monthly over an assumed five year depreciable life. It is understood that Lessor may exercise the Building, and option referred to in the Common Area, and Lessee covenants and agrees preceding sentence with respect to assume all responsibility of repair and maintenance one or more of the Premisespieces of equipment or alterations installed by Lessee.
7.2 Upon commencement 5. Shall be responsible for all required inspections of the Lease Term, Lessee shall accept (excepting Punch List items) Helicopter and its engines and licensing or re-licensing the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises Helicopter in good order and repair, and in compliance accordance with all applicable FAA and other applicable governmental codes, ordinances and regulationsrequirements. Lessee shall also (i) keep at all sewer times cause the Helicopter to have on board a current U.S. Certificate of Airworthiness issued by the FAA.
6. All inspections, maintenance, modifications, repairs and utility lines servicing overhauls of the PremisesHelicopter or its engines, includingcomponents, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring accessories, instruments or equipment shall be performed by personnel authorized to perform such services by the FAA.
7. Shall at all times have the Helicopter’s engines and glasstransmission on a “Power By the Hour” program, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary conditionwhich is approved by Lessor. Lessee shall enter into a contract approved by Lessor for use its best efforts to have the maintenance “Power By The Hour” agreement assigned at the end of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standardsTerm.
7.3 At 8. Shall inspect and clean the expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, exceptedHelicopter on a regular basis.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Maintenance. 7.1 Lessor Tenant shall, throughout the term of this Lease, take good care of the leased premises and the fixtures and appurtenances therein. Tenant shall be responsible for all damage or injury to the Demised Premises or any other part of the Demised Premises and Warehouse and the systems and equipment thereof, whether requiring structural or non-structural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant’s subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the installation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the Demised Premises caused by the moving of Tenant’s fixtures, furniture and equipment. Landlord shall maintain in good working order and repair the exterior and the structural portions of the Demised Premises as well as the public portions of the Building interior and the Building plumbing and electrical systems located outside of but serving the leased premises. Landlord shall maintain in good working order and repair the heating, air-conditioning and ventilating systems located within the Demised Premises. All of Landlord’s expenses incurred in the maintenance of the Demised Premises shall be considered operating expenses payable by Tenant as additional rent in accordance with Section 5 of this Lease. Tenant shall maintain in good working order and repair those portions of utility systems, including but not limited to, plumbing, electrical and lighting systems (including the purchase and replacement of light bulbs), located within the Demised Premises. Tenant agrees to give prompt notice of any defective condition in the Demised Premises for which Landlord may be responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord or others making repairs, alterations, additions or improvements in or to any portion of the Demised Premises or in and to the fixtures, appurtenances or equipment thereof, provided Landlord is prosecuting such repairs, alterations, additions or improvements with reasonable diligence. It is specifically agreed that Tenant shall not be obligated entitled to maintain any set off or make reduction of rent by reason of any repairs or replacements failure of Landlord to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance comply with the standards then prevailing covenants of this or any other article of this Lease. Tenant agrees that Tenant’s sole remedy at law in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall instance will be performed in accordance with such standards.
7.3 At by way of an action for damages for breach of contract. Upon the expiration or other termination of the term of this Lease, Lessee Tenant shall quit and surrender to Landlord the Premises (Demised Premises, broom-clean, and the keys thereto) in as good condition as when receivedorder and condition, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard Tenant shall be the good, clean and safe condition remove all of a first class business park building in north suburban Atlanta, Georgiaits property.
Appears in 1 contract
Samples: Lease (Curagen Corp)
Maintenance. 7.1 Lessor (a) The Tenant shall keep the leased Premises in a neat, clean, and sanitary condition and in as good order and repair as at the commencement of the Lease, reasonable wear and tear excepted. Tenant shall not do anything to cause the leased Premises or the activities therein to violate any municipal, county, state, or federal law, ordinance, or requirement, including, but not limited to any Maine Department of Environmental Protection regulations, and shall promptly act upon any direction of any officer of competent authority. The Tenant shall permit no waste with regard to the leased Premises. Tenant shall make no permanent improvements to the leased Premises without the prior written approval of Landlord which approval shall not be obligated unreasonably withheld or delayed. Any such permanent improvements approved by Landlord shall become the property of Landlord upon termination of this lease for any reason except as mutually agreed by Tenant and Landlord. No work which Landlord permits Tenant to maintain do pursuant to this Lease, whether in the nature of erecting, construction, alteration or make any repairs or replacements repair, shall be deemed to the Premises during the Lease Term except be for the roofimmediate use and benefit of Landlord so that no mechanic's or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall pay promptly all persons furnishing labor or materials performed or furnished, or alleged to be performed or furnished, to Tenant or to anyone holding the leased Premises through or under Tenant, Tenant shall forthwith cause the same to be discharged or bonded after being notified of the filing thereof; and, in addition to any other right or remedy of Landlord, Landlord may discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord including reasonable attorney's fees incurred by Landlord in procuring the discharge of lien, per annum, shall be due and payable by Tenant to Landlord as additional rental. in addition, Landlord may charge interest of eighteen percent (18%) on such funds after thirty (30) days of delivery of notice by Landlord to Tenant that Landlord has paid such lien.
(b) The Landlord shall keep the structural, mechanical, electrical, and sanitary portions of the building which shall be defined to include without limitation, exterior walls, foundation, exterior walls (excludingfloors, howeverroof, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises glass in good order and repair, and in compliance with all applicable governmental codesprovided, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing however, that any such maintenance made necessary by fault or neglect of the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for Tenant or the Premises; and (iii) keep employees or visitors of the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises Tenant shall be kept in accordance with at the standards then prevailing in Xxxxx Creek expense of the Tenant and Tenant shall pay all such maintenance, repair, costs therefore. Tenant will be responsible for all light bulb replacement and work performed pursuant to this section supplies consumed within its leased premises.
(c) Tenant shall be performed in accordance with such standards.
7.3 At solely responsible for any costs related to security of the expiration or other termination of this Leasepremises necessitated by use by the Tenant, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when receivedits employees, loss by fire or other casualty not the result of any act or omission of Lesseecustomers, or ordinary wear and tear onlyclients, excepted.
7.4 Nothing in this Section 7 except as it relates to common areas which shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under protected and maintained with reasonable efforts at Landlord's expense. This determination shall be at the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any sole discretion of the Lessee PartiesLandlord.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 1 contract
Samples: Lease Agreement (Access Integrated Technologies Inc)
Maintenance. 7.1 Lessor This Section shall not be obligated to maintain or make any repairs or replacements apply with respect to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the PremisesCars.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List itemsA) the Premises for its intended use, and Lessee shall, at its sole costexpense, riskperform or have performed all inspections of, expense maintenance and liabilityrepairs to, keep and servicing of the Cars as shall be necessary to maintain the Premises Cars in good order and repair, and operating condition as specified in compliance with all applicable governmental codes, ordinances and regulationsthe Interchange Rules ("Maintenance"). Lessee shall also be required to preserve the Cars in good operating condition and in conformance with AAR and FRA rules governing the interchange of freight cars at all times while the Cars are covered by this Agreement. Lessee shall use reasonable efforts to minimize any damage to the Cars and shall notify Lessor in writing of any maintenance required, pursuant to AAR Interchange Rule 107.
B) In the event the U.S. Department of Transportation, or any other governmental agency or nongovernmental organization having jurisdiction over operation, safety or use of railroad equipment, requires that Lessor add, modify or in any manner whatsoever adjust the Cars ("Required Modifications") in order to qualify them for operation in railroad interchange, (i) keep all sewer and utility lines servicing Lessee shall pay the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, first $5,000 in good order and repairRequired Modification costs; (ii) provide janitorial services Lessor shall pay the excess Required Modification costs, up to $10,000 (for a combined total Required Modification cost of $15,000); (iii) the Premisesportion of the excess Required Modifications paid by Lessor shall be amortized over the anticipated life of the modification, and Lessee shall pay Lessor a pro rata portion of such cost, with interest at prime plus one percent (1%) each month through the later of the termination of the subject Schedule or Lessee's return of the subject Cars to Lessor; and (iiiiv) keep in the Premises free event the cost of the Required Modifications will exceed $15,000, Lessor may elect to permanently remove such Cars from all litterLessee's service, dirt, debris and obstructions and in a clean and sanitary conditionsuch event the rental with respect to such Cars shall terminate upon the date specified in writing by Lessor, provided that such date must be prior to the date the Required Modification is so required to be made. Lessee shall enter into a contract approved by Lessor No rental credit will be issued on Cars entering the shop for any Required Modification for the maintenance of all heatingfirst fifteen (15) days and, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in Xxxxx Creek and all such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Leasethereafter, Lessee shall surrender not be obligated in respect to rent on such Cars until the Premises (Required Modifications are completed and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, exceptedsuch Cars are returned to service.
7.4 Nothing in this Section 7 C) Lessee at any time may modify, alter or improve any Car (a "Voluntary Modification"), provided that no Voluntary Modification shall adversely affect the fair market value, utility or remaining useful life of such Car. Title to each such Voluntary Modification shall remain with Lessee so long as it is readily removable from such Car, and its removal will not interfere with the normal use and operation of the Car. At Lessee's option or Lessor's request, Lessee shall remove Voluntary Modifications prior to the return of the Car to Lessor hereunder, and restore the Car to its condition immediately prior to the Voluntary Modification. In all other instances, title to any Voluntary Modifications and Required Modifications, whether or not authorized, shall be deemed to relieve and remain with Lessor.
D) Lessee from any liability which Lessee may have to Lessor under shall use the Cars in compliance with the terms of this Lease Agreement, in a careful and prudent manner, solely in the use, service and manner for which the Cars were designed and at no time shall be used in a service in which the Cars will be subjected to hazardous or otherwisecorrosive substances, on account of any damage as may be caused or to thaw, heat, open flames or other unloading practices damaging to the Premises Cars, provided that this Subsection 6(D) shall not be deemed to prohibit that transportation of hazardous or corrosive substances in the Building by the negligence or misconduct of Lessee or any of the Lessee PartiesCars in accordance with applicable Interchange Rules and applicable environmental laws and regulations.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
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Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements (a) Subject to the Premises during the Lease Term except for the roofprovisions of Section 18, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee Tenant shall, at its Tenant's sole costcost and expense, risk, expense and liabilityduring the entire term, keep and maintain in good order, condition and repair the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premisesevery part thereof, including, without limitationbut not limited to, all sewer connections, plumbing, sewage, fixtures, interior walls, Storefront(s), showcases, skylights, all electrical facilities and equipment, lighting fixtures, lampxxx, xxns and electrical motors, all other appliances and equipment of every kind and nature, sprinkler equipment (if any), and any other mechanical systems in the Premises. Tenant's obligations shall include, but shall not be limited to, the obligation to replace when necessary any of the items required to be maintained by Tenant at it sole cost and expense. Such replacement of items shall be of comparable quality to those that they are replacing. If Tenant fails to perform Tenant's obligations under this Section 11, Landlord may, at Landlord's option enter upon the Premises and put the same in good order, condition and repair and make such replacements as may be necessary, and the cost thereof shall become due and payable as additional rent by Tenant to Landlord upon demand, but nothing in this sentence contained shall be deemed to impose a duty upon Landlord or affect in any manner the obligations placed upon Tenant by this Section 11. Any such entry by Landlord shall not be deemed to be an eviction of Tenant.
(b) Tenant shall provide for (at Tenant's cost and expense as hereinafter set forth) the maintenance, repair and replacement of the heating, ventilating and air conditioning equipment and appliances, wiring and glass, (HVAC) in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises Tenant shall be kept in accordance perform or contract with the standards then prevailing in Xxxxx Creek and all independent contractors for such maintenance, repair, replacement repair and work performed pursuant to this section replacement,
(c) Tenant shall be performed in accordance with such standards.
7.3 At the expiration or other termination of this Lease, Lessee shall surrender the Premises furnish (at Tenant's costs and expense as hereinafter set forth) trash and garbage receptacles and the keys thereto) in as good condition as when received, loss by fire or other casualty not removal of trash and garbage from said receptacles and the result removal of any act or omission of Lesseetrash and garbage from said receptacles. Tenant shall itself furnish, or ordinary wear shall contract with independent contractors for such receptacles and tear only, exceptedtrash and garbage removal.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties.
7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
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Samples: Lease Agreement (Dominion Homes Inc)