Maintenance. a. During the Term, Lessee will maintain the non-structural portions of the Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below. b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency. c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions: i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination; ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination; iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein; iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation; v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessor.
Appears in 1 contract
Sources: Lease Agreement
Maintenance. a. During the Term, Lessee will maintain the non-structural portions of the Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇▇▇ agrees to relocate its equipment on a temporary do any maintenance or permanent basis structure repairs that are needed to another location the UNIT. TENANT agrees to keep the UNIT clean, neat and safe. LANDLORD shall act with customary due diligence to:
(a) keep Common Areas of the PROPERTY (but not the UNIT, which shall be the responsibility of TENANT) reasonably clean;
(b) maintain fixtures, furniture, hot water, heating, and A/C equipment;
(c) substantially comply with applicable federal, state, and local laws regarding safety, sanitation, and fair housing; and
a) TENANT may not park any vehicle on the PropertyPROPERTY
(d) make all reasonable repairs, hereinafter referred subject to TENANT’S obligation to pay for damages for which TENANT is liable. LANDLORD may temporarily turn off equipment and/or interrupt utilities to the UNIT and/or the PROPERTY to avoid property damage or to perform work requiring such interruption as a “Relocation,” determined in LANDLORD’s sole judgment. LANDLORD will not be liable for any inconvenience, discomfort, disruptions or interference with TENANT’s use of the purpose of (i) PROPERTY because LANDLORD is making repairs, alterations or improvements to the UNIT or the PROPERTY. If TENANT requests any repairs, and LANDLORD approves such request, the repairs will be done during LANDLORD’s usual working hours unless TENANT requests in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or writing that such repairs be done during other hours and such request is approved by LANDLORD. If LANDLORD approves such request TENANT will have to pay in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation advance any additional charges resulting from such request. TENANT agrees to take reasonable steps in order to prevent or minimize the growth of mold and mildew within the UNIT. To prevent or minimize the occurrence and growth of mold in the UNIT, TENANT hereby agrees to the following: TENANT is responsible for replacing the HVAC filter at least four times during the lease TERM at TENANT’s expense. TENANT may purchase filters from LANDLORD at a cost of $5.00 each. TENANT shall (a) remove any visible moisture accumulation in or on the UNIT, including on walls, windows, floors, ceilings, and bathroom fixtures, (b) mop up spills and thoroughly dry affected area as soon as possible after occurrence, (c) use exhaust fans in kitchen and bathroom when necessary, and (d) keep climate and moisture in the UNIT at reasonable levels. TENANT shall clean and dust the UNIT regularly, and shall keep the UNIT, particularly the kitchen and bath, clean and dry. Any water leak, excessive moisture, or standing water inside the UNIT or any Common Areas. Mold or mildew growth in or on the UNIT that persists after TENANT has tried to remove it with an appropriate household cleaning solution, such as Lysol or Pine-Sol disinfectants, Tilex Mildew Remover, or Clorox, or a combination of water and bleach. A malfunction in any part of the heating, air-conditioning, or system in the UNIT. TENANT shall be liable to LANDLORD for damages sustained to the UNIT or the PROPERTY as a result of TENANT’s failure to comply with the terms of this section, and LANDLORD shall not be liable for any requirement damages sustained to TENANT’s person or property as a result of Federalany such failure. TENANT is responsible for all pest control, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airportexcept that LANDLORD shall provide an initial pest control treatment if the need for such treatment is reported to LANDLORD in writing within 10 days after move-in. In all cases, If LANDLORD incurs the cost of pest control in the ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessor.
Appears in 1 contract
Sources: Residential Lease Agreement
Maintenance. a. During The parties agree that maintenance of the TermLeased Property shall be carried out as follows:
1. Lessor shall perform at its own cost and expense the maintenance and structural repairs related to the foundations, floor structure, exterior walls structure and the roof structure of the Space A, provided that such repairs are necessary due to the Space A normal wear and tear, and the same are not imputable to the negligence or willful misconduct of Lessee. Lessor shall be responsible for structural repairs and equipment replacement of the Leased Property if it such equipment is beyond its useful life, assuming Lessee will maintain has properly maintained the equipment during the Term in accordance with Exhibit “B” attached hereto. The parties agree that Lessor shall not be responsible for any maintenance, repair or replacement of any of the cranes located at the Leased Property. Lessee shall ▇▇▇▇▇ ▇▇▇▇▇▇, its employees and contractors access to the Leased Property during Business Days and hours, in order to carry out the necessary repair works pursuant to this Section; in the understanding that, Lessor, its employees and contractors shall comply with Lessee’s internal safety regulations and policies, and they shall not interfere with Lessee’s operations.
2. Lessee shall carry out at its own cost and expense the maintenance and non-structural portions of repairs that do not require access to the Premises roof, required in good conditionthe Leased Property, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, painting of the foundationsinterior and exterior areas of the Space A, exterior wallsall the electric and hydraulic, structural condition and any other system of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas Space A and the Generatorfumigation of the Leased Property or any other cost or expense incurred by reason of plague extermination; provided, however, that said repairs are not caused due to Lessor’s fault or negligence. Lessor shall repair any defect in the above within thirty (30) dayscarry out, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, orthrough its contractors, at Lessee’s optioncost and expense, all non-structural repairs and maintenance to the Space A and the equipment or systems installed at the Space A, that requires access to the roof, including without limiting, the maintenance and repairs related to insulation, water tightness, cleaning and painting of the roof, rain drainage gutters and pipelines, air conditioning systems, waterproofing and roof systems of the Space A. Lessor shall request three quotations from three different contractors, and will carry out the maintenance and repair to the Space A and the equipment or systems installed at the Space A that requires access to the roof, with the contractor that provides the best quotation. All amounts paid by Lessor in connection with non-structural maintenance and repairs to the Space A and the equipment or systems installed at the Space A that requires access to the roof, shall be reimbursed to Lessor within the following fifteen (15) calendar days after providing a written request made to that effect, with the documents that evidence and justify said reimbursement. In the event of an emergencythat Lessee fails to timely reimburse the above mentioned amounts, Lesseethen, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify pay to Lessor in writing within three (3) business days following such emergency.
c. Subject a penalty interest charge equivalent to the terms of this provision, upon request 0.5% of the Lessortotal amount to be reimbursed, ▇per each day of delay of the reimbursement of the same. Lessee shall ▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇, its employees and contractors access to the Leased Property during Business Days and hours, in order to carry out the necessary maintenance and repair works pursuant to this Section; in the understanding that, Lessor, its employees and contractors shall comply with Lessee’s use at the Premises is internal safety regulations and policies, and they shall not interrupted or diminished during the Relocation interfere with Lessee’s operations. Furthermore, Lessor and Lessee is allowedagree that Lessee shall not have access to the roof nor be allowed to access the roof of the Building.
3. Lessee further agrees that it shall continue and comply with the preventive maintenance program set forth in Exhibit “B” attached hereto, if necessaryand to provide such maintenance with personnel qualified by the equipment and installations manufacturer that so requires, in Lessee’s reasonable determination, order to place a temporary installation on maintain in force the Property during any such Relocation;warranties granted by said manufacturers.
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi4. In the event that any of a permanent Relocationthe parties fails to comply with any of the obligations set forth under this Section, once the Relocation has been completed other party, after thirty (30) calendar days following written notice provided to the breaching party, and Lessee’s equipment at the new location is operationalwithout waiving or releasing said breaching party from any of its obligations set forth herein, any reasonable costs associated with removing or restoring the original location may, but shall be under no obligation to, perform the acts which said breaching party is required to perform and, if the breaching party is Lessee, Lessor shall be entitled to enter to the Leased Property for said purposes and to perform such actions as may be necessary, as the case may be. All amounts reasonably paid by Lessorany of the parties in connection with the performance of the obligations of the breaching party, shall be reimbursed to such party by said breaching party, within the following fifteen (15) calendar days after providing a written request made to that effect, with the documents that evidence and justify said reimbursement. In the event that the breaching party fails to timely reimburse the above mentioned amounts, then, said breaching party shall pay to the other party a penalty interest charge equivalent to 0.5% of the total amount to be reimbursed, per each day of delay of the reimbursement of the same.
Appears in 1 contract
Maintenance. a. During Lessee shall, during the Term, Lessee will maintain keep the non-structural portions Leased Facilities in good order and condition, and shall be responsible for the routine repair and maintenance of the Premises in good conditionLeased Facilities, reasonable wear including without limitation all mechanical systems, plumbing, electrical facilities, heating, ventilation and tear air-conditioning systems and casualty damage exceptedmaintenance, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice necessary from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of noticetime to time. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof Sublessee shall be payable by Lessor to Lessee responsible for the first Fifteen Thousand Dollars ($15,000.00) per year (based on demand together with interest thereon from the date of payment this Sublease) in maintenance costs incurred at the greater Leased Facilities. Once Sublessee has incurred over Fifteen Thousand Dollars ($15,000.00) in maintenance expenses in any year, Sublessee shall invoice Lessee, from time-to-time (with the first such invoice in any given year including documentation evidencing prior payment of the $15,000 in maintenance expenses for such year), for reimbursement of all maintenance expenses incurred by Sublessee in such year in excess of $15,000, which Lessee shall pay within ten (i10) ten days of invoice date. Lessee will be liable to Sublessee for a late payment fee equal to five percent (105%) per annumof the invoice amount for any payment not received by Sublessee within thirteen (13) days of the invoice date. Additionally, Sublessee at its own cost and expense shall be responsible for the removal and proper disposal of all trash and rubbish from the Leased Facilities. In the event Sublessee believes that the roof of the Leased Facilities requires repair or (ii) the highest rate permitted by applicable Lawsmaintenance, or, at Sublessee must first obtain Lessee’s optionconsent to any such work, which consent shall not be unreasonably withheld. In All roof repairs or maintenance shall be solely authorized by Lessee, except that Sublessee may conduct emergency roof repairs for conditions which are demonstrated to be dangerous to employee health and safety. Any costs of roof repair or maintenance shall be included as part of the Fifteen Thousand Dollar ($15,000.00) annual Sublessee maintenance cost obligations. Sublessee, without the prior written consent of the Lessee, shall not undertake any major renovations, upgrades, repairs or maintenance to the Leased Facilities inconsistent with the financial scope of the Lessee’s prior annual routine repairs and maintenance of the Leased Facilities. Notwithstanding the foregoing, Sublessee shall not be required to obtain Lessee’s consent to any work in the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ Sublessee agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose promptly notify Lessee of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorwork.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Standex International Corp/De/)
Maintenance. a. During The Buyer must ensure that at all times the Term, Lessee will Equipment is maintained and operated in accordance with the manufacturer's recommendations and warranty stipulations and that the Equipment is kept clean and in a good state of repair. The Buyer must maintain the non-structural portions operating and maintenance records of the Premises Equipment and make copies of those records readily available to the Supplier, together with any additional information relating to the Equipment as the Supplier may reasonably require. If any piece of Equipment is involved in good conditionan accident which is not a Total Loss the Buyer must have repairs carried out promptly at the Buyer's own expense by either a retailer holding the franchise for the Equipment or an accredited insurance repair specialist approved by the Supplier. The Buyer is responsible for ensuring that those repairs are properly carried out. Fines and Penalties The Buyer is liable for all fines, reasonable fees or penalties incurred by any operator of a piece of Equipment provided under the Call-Off Contract. The Supplier must in all cases send to the Buyer any notice or other communication the Supplier receives in respect of fines, fees or penalties. Taking Overseas The Buyer must not take or allow any Equipment to be taken out of the United Kingdom without the previous written consent of the Supplier, which cannot be unreasonably withheld or delayed. If the Supplier grants consent the Buyer must pay a repatriation insurance premium to an association approved by the Supplier to make sure that the Equipment can, if necessary, be returned to the United Kingdom without cost to the Supplier. The Buyer must make sure that any Equipment is not taken outside of the United Kingdom for a period of more than twenty-eight (28) days without the previous written consent of the Supplier which cannot be unreasonably withheld or delayed. Actions upon Termination of Lease or Expiry of Lease Period On expiry of the Lease Period or in the event of early termination of the lease in respect of any Equipment the Buyer must: make the Equipment available for collection by the Supplier on the date assigned for collection. The Supplier will be bound by all obligations under this Call-Off Contract until the time when the Supplier actually collects the Equipment which the Supplier shall do promptly; complete an inspection form with the Supplier on the Return Date and ensure that the Equipment is returned and that the Equipment is in a condition consistent with its age and mileage making due allowance for fair wear and tear tear; remove all personal effects and casualty damage exceptedany other items belonging to the Buyer; if the Supplier notifies the Buyer that the Equipment is not in the condition required under paragraph 8.17.2, but excluding any items which are pay to the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During Supplier the Term, Lessor shall maintain, in good operating condition and repair, amount that the structural elements of the Building Buyer and the Premises, and all Building systems (including, but not limited to, Supplier agree as the foundations, exterior walls, structural condition cost of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s optionrectification. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to dispute regarding the terms of this provision, upon request condition of the LessorEquipment, ▇▇▇▇▇▇ agrees to relocate its equipment on an independent assessment must be carried out by a temporary or permanent basis to another location on properly qualified and experienced consultant appointed by the Property, hereinafter referred to Supplier and the Buyer. Any consultant must act as a “Relocation,” for the purpose of (i) an expert and not as an arbitrator and their decision is final; in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon dispute the completion Equipment or other form of evidence acceptable to the Buyer must be held by the Supplier until an independent assessment has been made in accordance with Clause 8.17.4 above. The costs of the independent consultant must be borne equally between the Buyer and the Supplier provided that both Parties act reasonably at all times during the dispute; and in the event of damage to any maintenance, repair or similar work by Lessor, Lessee is permitted Equipment the Supplier must forward an invoice to return to its original location from the temporary location with all reasonable costs for Buyer within twenty-one (21) days following the same being paid by Lessor; and
viReturn Date. In the event case of a permanent Relocation, once dispute the Relocation has been completed and Lessee’s equipment at Buyer will notify the new location Supplier of what is operational, any reasonable costs associated in dispute within twenty-one (21) days of receipt of invoice or pay the invoice in accordance with removing or restoring the original location shall payment terms. Any such dispute must be paid by Lessorresolved in accordance with Clause 34 of the Core Terms.
Appears in 1 contract
Sources: Call Off Contract
Maintenance. a. During This lease is conditioned upon faithful performance by the TermLessee of the following agreements, covenants, rules and regulations, herein set out and agreed to by Lessee.
A. Lessee shall remove all snow and ice from sidewalks contiguous to the leased premises, and shall maintain the same unobstructed.
B. Lessee agrees not to place or cause to be placed any other sign or signs of any kind other than the electrical sign already existing, on the exterior of the premises, without further written approval of Lessor, which shall not be unreasonably withheld.
C. Lessee shall not permit the accumulation of garbage in and around the lease premises, and, in the event Lessee 2
D. Lessee shall carry plateglass insurance or self-insure for plate glass for Lessee's entire store.
E. Lessee will maintain the non-structural portions not place or suffer to be placed or maintained on any exterior door, wall or window of the Demised Premises any sign, awning or canopy, or advertising matter or other thing of any kind, and will not place or maintain any decoration, lettering or advertising matter on the glass of any window or door of the Demised Premises without first obtaining Lessor's prior written approval and consent in good conditioneach instance, reasonable wear and tear and casualty damage exceptedwhich approval shall not be unreasonably withheld. Lessee further agrees to maintain such sign, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Termawning, Lessor shall maintaincanopy, decoration, lettering, advertising matter or other thing as may be approved, in good operating condition at all times.
F. Lessee hereby agrees that he/she/it has inspected the interior and exterior of the Demised Premises prior to execution of this Lease, and hereby agrees to rent the space "as is" and will make any and all alterations at its own expense and with prior approval of Lessor. Lessor's consent to requested alterations shall not be unreasonably withheld or delayed.
G. Lessee hereby agrees to repair, the structural elements of the Building and the Premisesmaintain, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” pay for the purpose of canopy lights outside the Demised Premises and to keep same illuminated during dark hours (inight) in to illuminate the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International AirportDemised Premises for safety reasons. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and H. Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion responsible for replacement of any maintenance, repair ceiling tiles and/ or similar work by Lessor, Lessee is permitted light fixtures that may from time to return time need replacement due to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorroof leaks.
Appears in 1 contract
Sources: Lease Agreement (GLB Bancorp Inc)
Maintenance. a. During the Term, Lessee will maintain the non-structural portions of the Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the LessorBy entry hereunder, ▇▇▇▇▇▇ agrees accepts the Premises as being in good and sanitary order, condition and repair. Tenant shall, when and if needed or whenever requested by Landlord to relocate its equipment on a temporary or permanent basis to another location on the Propertydo so, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at sole cost and expense, make all repairs to the Premises is not interrupted or diminished during the Relocation and Lessee is allowedevery part thereof, if necessary, in Lessee’s reasonable determinationincluding all windows and doors, to place a temporary installation on keep, maintain and preserve the Property during any such Relocation;
v. In the event of a temporary RelocationPremises in first class condition and repair. Tenant shall, upon the completion expiration or sooner termination of the Term hereof, surrender the Premises to Landlord in the same condition as when received ordinary wear and tear excepted Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. Anything contained in this Paragraph 15 to the contrary notwithstanding, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord; provided, however, the cost of all such maintenance shall be considered “Expenses” for the purposes of Subparagraph 6(a), unless such maintenance and repairs are caused in whole or in part by the act, neglect, fault of or omission of any maintenanceduty by Tenant, repair its agents, servants, employees or similar work invitees, in which case Tenant shall pay to Landlord, as additional rent, the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Lessor, Lessee is permitted Tenant. Except as provided in Paragraph 19 hereof there shall be no abatement of rent and no liability of Landlord by reason of any injury to return to its original location or interference with ▇▇▇▇▇▇’s business arising from the temporary location with all reasonable costs for making of any repairs, alterations or improvements in or to any portion of the same being paid Building or the Premises or in or to fixtures, appurtenances and equipment therein except if caused by Lessor; and
vigross negligence or wilfull misconduct of Landlord. In Tenant waives the event right to make repairs at Landlord’s expense under Sections 1941 and 1942 of a permanent Relocationthe California Civil Code or any similar law, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing statute or restoring the original location shall be paid by Lessorordinance now or hereafter in effect.
Appears in 1 contract
Maintenance. a. During the Term, Lessee will maintain the non-structural portions LESSOR shall be responsible for maintenance and repair only of the Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) belowfollowing:
a. Roofing system.
b. During Structural components and exterior building walls, excluding paint. Notwithstanding the Termforegoing, Lessor LESSEE shall maintainbe responsible for any maintenance, in good operating condition repair and replacement described above caused by an act or omission of LESSEE, its employees, invitees or licensees; and LESSEE shall further be responsible for any and all maintenance, repair, the structural elements and replacement not expressly designated above as LESSOR’s responsibility. LESSOR shall not be liable for any damages from plumbing, gas, water steam or sewage leaks or stoppage, nor for damage arising from acts of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition negligence of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generatorthird parties. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate maintain the leased premises and all appurtenances thereof, including but not limited to sprinkler, if any, heating, air conditioning, water and sewer systems, electrical fixtures, plumbing, plumbing fixtures and equipment, in good order and repair same through the term of this Lease. LESSEE shall be liable for any damage or injury which may be caused by or resulting from the LESSEE’s failure to faithfully comply with all of the terms and conditions contained herein and which are to be complied with by the LESSEE. The LESSEE shall contract with a licensed exterminating firm to perform pest extermination(s) at its equipment expense on a temporary monthly basis. The LESSEE shall use the plumbing systems in the leased premises only for their intended purpose, and shall not place or permanent basis permit its customers or invitee to another location on place therein any caustic, acid, corrosive or concentrated substances or objects which are likely to cause damage to the Propertyplumbing systems, hereinafter referred or cause them to as a “Relocation,” fail in whole or part. Should the LESSEE violate this covenant, the LESSEE shall be liable to the LESSOR for the purpose full cost of (icleaning, repairing or rebuilding the plumbing systems, which amount(s) in the case of a temporary relocationshall be payable as additional rent hereunder. LA: RETICULATE MICRO, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International AirportINC. In all cases, LESSOR: FACILITY ADDRESS: SFM 312 C ▇▇▇▇ ▇▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇ ▇▇ ▇▇▇▇ ▇▇▇ ▇▇ ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. ▇ LESSEE: In the event the LESSEE receives written consent to penetrate the roof or any wall of a temporary Relocationthe leased premises, upon the completion LESSEE shall be solely responsible for any damage which may be caused by or result from such penetration. The LESSEE covenants and agrees to indemnify and save harmless, at its own cost, the LESSOR from and against any and all liability, damage, injury, actions or cause of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location action whatsoever resulting from the temporary location operation, conduct and use of the interior of the leased premises. LESSEE agrees, at its own expense, to replace promptly any and all plate or other glass in the leased premises which may become damaged or broken, with all reasonable costs for glass of the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed kind and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorquality.
Appears in 1 contract
Maintenance. a. During the TermMEGA covenants and agrees that it will, Lessee will at its own expense, keep and maintain the non-structural portions of the Premises in good condition, reasonable but only during the period of MEGA’s use of the Premises. MEGA will do all work and make all repairs reasonably necessary or advisable to keep the Premises from deteriorating in value or condition, with the exception of normal wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition aging consistent with normal usage and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generatortime. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate maintain the Premises and any other areas used by MEGA in a clean, neat, sanitary, safe and orderly manner and free of waste, rubbish and debris at all times. The CITY shall have the right and privilege, through its equipment on a temporary or permanent basis agents and officials to another location on make inspections of the Property, hereinafter referred Premises and thereafter to as a “Relocation,” make recommendations to MEGA for the purpose of (i) any repairs that in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order CITY’s opinion are reasonably necessary to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation be performed by MEGA upon the following terms Premises. MEGA agrees and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so covenants that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least shall commence repairs within thirty (30) days written notice prior from the date that such recommendations are made. Such repairs shall be made in an expeditious and workmanlike manner. In the event that MEGA shall fail to requiring Lessee to relocatecommence such recommended repairs within the time provided, provided it is understood and agreed that Lessor acknowledges the CITY may, within its discretion, make such repairs as it deems necessary for and agrees that Lessee will require longer advance notice to effect a permanent Relocationon behalf of MEGA; and, and that Lessor in such event, the cost of such repairs shall not expand or otherwise modify be paid by MEGA within ten (10) days following the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
ivcompletion of said repairs. ▇▇▇▇ agrees to be solely responsible for the inspection of the Premises during the period of MEGA's use of the Premises and will notify the Director of Parks and Recreation or his designated representative of any existing or developing hazardous or dangerous condition on the Premises. In consideration for the privilege of use of the Premises, MEGA specifically assumes any and all liability that may arise due to premise defects upon any or all improvements which exist on the Premises at the time of execution of this Contract or any and all improvements which are constructed thereafter related to or arising out of MEGA’s use. ▇▇▇’s use at ▇ agrees to accept the Premises in the condition in which it is not interrupted or diminished during found. The CITY hereby disclaims and MEGA hereby accepts the Relocation and Lessee is allowed, if necessary, in LesseeCITY’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion disclaimer of any maintenancewarranty, repair express or similar work by Lessorimplied, Lessee is permitted to return to its original location from of the temporary location with all reasonable costs conditions or fitness for use of any portions of the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by LessorPremises.
Appears in 1 contract
Maintenance. a. During 9.1. Following the Term, Lessee will maintain the non-structural portions expiration of the Premises Warranty Period, annual Software Maintenance Plans as detailed in good condition, reasonable wear Appendix B attached hereto (“Maintenance”) are available for a separate maintenance fee that provide the same level of support and tear provision of Updates and casualty damage excepted, but excluding any items which Upgrades as are provided during the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition Warranty Period. Maintenance and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect corresponding fees are further described in the above within thirty (30) days, applicable Program Schedule and in the attached Software Maintenance Plan in Appendix B. Use by LICENSEE of any Update or such shorter period as may Upgrade will be required governed by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request Agreement.
9.2. LICENSEE will have the option to order Maintenance for an additional one (1) year term for the fee shown on the applicable Program Schedule and under the terms of the Lessorattached Software Maintenance Plan in Appendix B. Thereafter, ▇▇▇▇▇▇ agrees such fees may be increased each year by MEDILIMS by up to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose five percent (5%). MEDILIMS shall notify LICENSEE of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee such increase at least thirty (30) days prior to the end of any annual Maintenance renewal term. LICENSEE may discontinue Maintenance at any time upon thirty (30) days prior written notice to MEDILIMS and continue to use the Program without the benefit of Maintenance. MEDILIMS, by request following the date of expiration or early termination of Maintenance, shall provide LICENSEE with any Updates and Upgrades released prior to requiring Lessee such date that were not previously provided to relocateLICENSEE.
9.3. If LICENSEE discontinues Maintenance and later opts to reinstate Maintenance, provided that Lessor acknowledges LICENSEE shall be required first to pay to MEDILIMS the current rates in accordance with the attached Software Maintenance Plan in Appendix B multiplied by one hundred and agrees that Lessee twenty percent (120%), for the period during which it was not eligible to receive Maintenance. LICENSEE then will require longer advance notice be eligible to effect a permanent Relocation, receive Updates and that Lessor Upgrades at the current rates in accordance with the attached Software Maintenance Plan in Appendix B.
9.4. LICENSEE shall not expand be required to install any Update or otherwise modify the Building in a manner Upgrade that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. LICENSEE ▇▇▇▇▇ ▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation ▇ have an adverse effect on the Property during any such Relocation;
v. In operation or functionality of the event Program or the operation of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by LessorLICENSEE's business.
Appears in 1 contract
Sources: Software License Agreement
Maintenance. a. During 9.1 The Allottee understands that for the Term, Lessee will maintain the non-structural portions proper upkeep and maintenance of the Premises in good conditionProject including the Common Areas, reasonable wear the Promoter has appointed the MSA for the upkeep and tear and casualty damage excepted, but excluding any items which are maintenance of the responsibility of Lessor pursuant to Paragraph 9(b) belowProject.
b. During the Term, Lessor shall maintain, in good operating condition and repair9.2 For this purpose, the structural elements Allottee shall execute a Maintenance Agreement with the Promoter/ MSA simultaneous to the issuance of the Building Possession Notice by the Promoter in respect of the Apartment and any refusal or denial to execute the Premisessame shall constitute breach of this AFS. The Allottee undertakes to abide by the terms of the Maintenance Agreement and to make timely payments of all Maintenance Charges from time to time, and all Building systems whether or not the Allottee is in physical occupation of the Apartment.
9.3 The Maintenance Charges shall commence after the expiry of 30 (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5Thirty) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at issuance of the greater Possession Notice by the Promoter irrespective of (i) ten percent (10%) per annum, whether the Allottee takes physical possession of the Apartment or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s optionnot. In the event the Allottee delays or otherwise fails to take over the physical possession of an emergencythe Apartment within the time stipulated in the Possession Notice, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee the Allottee shall notify Lessor in writing within three be liable to pay to the Maintenance Charges from the expiry of 30 (3Thirty) business days following such emergencyfrom date of the Possession Notice.
c. Subject 9.4 The Allottee accepts that provision of such maintenance services shall at all times be subject to the terms timely payment of Maintenance Charges and requisite Interest-Free Maintenance Security Deposit ("IFMSD"). The Allottee shall deposit and shall always keep deposited with the Promoter/MSA/Association, the IFMSD as specified in Payment Plan, Schedule C.
9.5 It is also hereby expressly declared and agreed that the Promoter/ MSA shall have a charge/lien on the Apartment to the extent of all dues towards unpaid Maintenance Charges/ IFMSD and any other sums payable to the MSA by the Allottee under the Maintenance Agreement and this provision, upon request condition/ obligation shall run concurrently with the ownership of the LessorApartment within the meaning of Section 31 of the Transfer of Property Act, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on 1882 and shall survive even after conveyance of the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment Apartment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by LessorAllottee.
Appears in 1 contract
Sources: Agreement for Sale
Maintenance. a. During the Term, Lessee will maintain the non-structural portions of the Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ acknowledges it has inspected the Leased Premises and agrees to relocate maintain, at its sole cost and expense, the grounds and all equipment on a temporary or permanent basis to another location and improvements on the PropertyLeased 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 structurally sound, hereinafter referred neat, good operating, orderly and presentable condition consistent with good business practices. This obligation to as a “Relocation,” 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 purpose of (i) in the case of a temporary relocationLeased Premises including interior and exterior utility lines, Lessor performing maintenanceequipment, repair fixtures and connections owned or similar work at the Property installed by or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airportfor LESSEE. In all cases, ▇▇▇▇▇▇ shall only agree also be responsible for snow removal in or on the Leased Premises. 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. In the event the United States of America or another agency, governmental or otherwise, not hired, paid or employed by LESSOR to a Relocation upon 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 following terms Airport by LESSOR at its own expense, and conditions:
i. The Relocation LESSEE is similar required to Lessee’s existing location in size make payment to such agency for the use of the facilities, then the rentals and is fully compatible fees provided herein for Lessee’s useLESSEE to pay LESSOR for that particular use or activity shall terminate, in Lessee’s reasonable determination;
iiit being the intent hereof that LESSEE shall not be required to pay duplicate charges. Lessor pays all reasonable costs incurred by In the event that ▇▇▇▇▇▇ 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 the Airport Rules and Regulations at Shreveport Downtown Airport, adopted February 5, 2004, as amended, (the applicable Rules and Regulations are referred to herein as “the Airport Rules and Regulations”), which requires repair or replacement, LESSOR shall notify LESSEE of such deficiency in connection writing, in accordance with relocating Lessee’s equipment the Notice requirements set forth in Section 29 of this Lease, with particularity, including but not limited to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costsaction(s) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior necessary to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocationremedy same, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had provide for a reasonable opportunity cure period within which to effect a Relocation as described herein;
ivremedy same. ▇▇▇▇▇▇’s use at the Premises is not interrupted All maintenance, repairs, additions or diminished during the Relocation and Lessee is allowedother work of any kind or nature performed, if necessary, constructed or installed by or on behalf of LESSEE in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, or upon the completion Leased Premises, will conform in all respects to (a) all applicable federal, state and local statutes, ordinances and building codes, (b) the terms of any maintenancethis Section, repair or similar work by Lessor(c) the Airport Rules and Regulations, Lessee is permitted to return to its original location from and (d) the temporary location with all reasonable costs for Airport Planning Documents and (e) the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by LessorSAA Airport Leasing Policy.
Appears in 1 contract
Sources: Airport Lease Agreement
Maintenance. a. During A. Subject to Section 8.B below, Tenant shall keep the TermDemised Premises and the fixtures and equipment therein in clean, Lessee will maintain safe and good operating condition, ordinary wear and tear excepted, and shall at its sole cost and expense, promptly make all repairs and perform all maintenance, in and to the non-structural portions of Demised Premises that are necessary to keep the Demised Premises in good order and repair and in a safe and rentable condition, reasonable ordinary wear and tear and casualty damage excepted, but excluding any Tenant shall not be responsible for maintenance items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required expressly assumed by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to Landlord under the terms of this provision, upon request of Lease or maintaining the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on Demised Premises in a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” manner that is inconsistent with Tenant’s maintenance standards for the purpose of (i) in Demised Premises prior to the case of a temporary relocationEffective Date. In no event shall Landlord or Tenant have any obligation to make any changes, Lessor performing maintenance, repair upgrades or similar work at other improvements to the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation Demised Premises in order to comply with any requirement of Federalpresent or future laws, State ordinances, regulations or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion orders of any maintenancegovernmental authorities having jurisdiction over the Demised Premises, repair or similar work by Lessor, Lessee is permitted subject to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
viSection 18 of this Lease. In the event of a permanent RelocationTenant fails to maintain the Demised Premises in good order, once condition and repair, ordinary wear and tear excepted, Landlord may (but shall not be obligated to) give Tenant notice to do such acts as are reasonably required to so maintain the Relocation has been completed Demised Premises. In the event that after such notice Tenant shall fail to promptly commence such work and Lessee’s equipment diligently prosecute it to completion, then Landlord shall have the right to do such acts and expend such funds at the new location is operational, any reasonable costs associated with removing or restoring the original location expense of Tenant as are reasonably required to perform such work. Any amount so reasonably expended by Landlord shall be paid by LessorTenant, 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 by the negligence or willful misconduct of 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 Alterations (hereinafter defined) made by Tenant shall be the sole responsibility of Tenant. In the event that Tenant requests that Landlord and/or its agents perform such work and Landlord agrees to do so, Tenant shall reimburse Landlord promptly for the actual cost of the same.
Appears in 1 contract
Maintenance. a. During the Term, Lessee will shall at own cost and expense keep and maintain the non-structural all portions of the Premises under this Amended Lease except as outlined in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generatorthis section. Lessor shall repair any defect in maintain lawn areas outside the above within thirty (30) daysschool area, or such shorter period as may be required by any governmental authority having jurisdictionroof, after receipt of written notice from Lessee describing such defectoutside walls, unless the defect constitutes an emergency, in which case and shared Boys and Girls bathrooms. Lessor shall cure the defect as quickly as possiblebe responsible for proper operation and maintenance of electrical systems, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do soplumbing systems, and the reasonable cost thereof shall be payable by heating, ventilation, and air- conditioning (HVAC) systems throughout the Premises. Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annumis also responsible for pest and vermin control, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s optionincluding termites. In the event that repairs are a result of an emergencythe Lessee’s negligence, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject be responsible to provide for the terms of this provision, upon request of resulting repairs. In the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment event that repairs or extermination services are not provided on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all casestimely basis, ▇▇▇▇▇▇ shall only agree be entitled to a Relocation upon procure the following terms necessary repairs or services and conditions:
i. The Relocation is similar deduct reasonable expenses from its rent obligation after making good faith efforts to Lessee’s existing location in size communicate about the situation. Alterations and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment Liens: Lessee shall not make or permit any other person to make any alterations or changes of any kind to the Relocation (includingexisting premises, or any improvement thereon or facility appurtenant thereto without limitationthe prior written consent of Lessor. Lessee shall keep the premises free and clear from any and all liens, legal costsclaims and demands for work performed, engineering feesmaterials furnished, permit fees or operations conducted on said premises at the instance of request of Lessee. Furthermore, any and construction costs) all alterations, additions, improvements and improving 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 become the Relocation so that it is fully compatible for the Lessee’s useproperty of Lessor and remain on said premises; provided, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocatehowever, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand have the option on expiration or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determinationsooner termination of this Amended Lease, to place a temporary installation on require the Property during Lessee, at Lessee's expense, to remove any and all such Relocation;
v. In the event of a temporary Relocationalterations, upon the completion of any maintenanceadditions, repair improvements or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorfixtures.
Appears in 1 contract
Sources: Lease Agreement
Maintenance. a. During the Term, Lessee will The Tenant agrees to maintain the non-structural portions of the Premises leased premises in as good conditioncondition as exists on delivery by Landlord, damage by fire and other casualty, and taking by eminent domain and reasonable wear and tear and casualty damage only excepted, but excluding any items which . Tenant acknowledges that the leased premises are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, now in good operating condition order and repairthe glass whole, subject to completion of Landlord’s Work as defined in Exhibit B (provided that Landlord shall be responsible for repair or replacement of any external glass or windows, unless such replacement is due to the negligence or willful misconduct of Tenant). The Tenant shall not permit the leased premises to be overloaded, damaged, stripped, or defaced, nor suffer any waste. In accordance with the provisions of Section 6B, above, the structural elements Landlord agrees to maintain the structure, roof, foundation, beams, load-bearing and exterior walls of the Building and building of which the Premisesleased premises are a part, and all Building mechanical systems (and equipment serving the leased premises and the common areas, including, but not limited toto the plumbing, the foundationselectrical, exterior wallselevator, structural condition of interior bearing wallsemergency, exterior roof fire sprinkler and/or standpipe heating and hose or other automatic fire extinguishing systemair conditioning, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility life safety systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or and access to telecommunications systems services to the Building (iiwhich are provided solely by third party providers (the “Systems”) in good working order and condition or as they may be put in during the case term of a permanent relocationthis lease, Lessor expanding or otherwise modifying the Buildingreasonable wear and tear, or damage by fire and other casualty (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment subject to the Relocation (includingprovisions hereof), without limitation, legal costs, engineering fees, permit fees and construction costs) reasonable wear and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocatetear only excepted, provided that Lessor acknowledges and agrees that Lessee will require longer advance if such maintenance is required because of the actions or omissions of Tenant or those for whose conduct the Tenant is legally responsible, Landlord shall be entitled to indemnification from Tenant. Landlord, upon prior notice to effect Tenant, shall have a permanent Relocation, and that Lessor shall not expand or otherwise modify right to enter the leased premises to make repairs to the Building and its systems if needed so long as said entry and repairs are done in a manner that is adverse as minimally disruptive to LesseeTenant’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use operation at the Premises as is not interrupted or diminished during the Relocation and Lessee is allowedpossible, if necessaryand, in Lessee’s reasonable determinationthe case of an emergency, immediately and without prior notice Tenant. Upon prior notice to place a temporary installation on Tenant, Landlord shall have the Property during any right to enter the premises to make repairs and to service pipes, conduits, wires in the Building or which affect such Relocation;
v. In pipes, conduits, and wires in the event space of a temporary Relocationother tenants which may only be accessed through the premises. Landlord shall also provide: (i) cleaning and janitorial services to the leased premises (Monday-Friday, upon the completion of any maintenanceholidays excluded), repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for provided the same being paid are kept in order by LessorTenant, all in accordance with the cleaning standards set forth in Exhibit C attached hereto; and
vi. In and (ii) snow and ice removal services, including plowing all sidewalks and areas adjacent to the event of a permanent Relocation, once the Relocation has been completed Building and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by LessorLot as needed.
Appears in 1 contract
Sources: Commercial Lease (Pine Technology Acquisition Corp.)
Maintenance. a. During the Term, Lessee will maintain the non-structural portions of the Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor Tenant shall maintain, in good operating condition and repair, and replace the structural elements of the Building and the PremisesLeased ------------ Property, and all Building systems (including, but not limited towithout limitation, all structural and non structural repairs and replacements to the roof, foundations, exterior walls, structural condition of interior bearing wallsHV AC systems, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrantsequipment, parking lotsareas, walkwayssidewalks, parkwayswater, drivewayssewer and gas connections, landscapingpipes and mains. Tenant shall pay, fences, signs and utility systems serving the common areas)as Additional Rent, the common full cost of maintenance, repairs, and replacements. Tenant shall maintain all drives, sidewalks, parking areas, and lawns on or about the Leased Property in a clean and orderly condition, free of accumulations of dirt, rubbish, snow and ice. Tenant shall at all times maintain, operate and otherwise manage the Leased Property on a basis and in a manner consistent with the standards currently maintained by Tenant at the Leased Property. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work or the property to be repaired shall be replaced. Tenant will not take or omit to take any action the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any parts thereof for the Facility Uses. Tenant shall permit Landlord to inspect the Leased Property at all reasonable times and on reasonable advance notice, and if Landlord has a reasonable basis to believe that there are maintenance problem areas and gives Tenant written notice thereof setting forth its concerns in reasonable detail, Tenant shall deliver to Landlord a plan of correction within 10 Business Days after receipt of the Generatornotice. Lessor Tenant shall repair any defect in diligently pursue correction of all problem areas within 60 days after receipt of the above within thirty (30) days, notice or such shorter longer period as may be required by any governmental authority having jurisdiction, after receipt necessary for reasons beyond its reasonable control such as shortage of written notice from Lessee describing such defect, unless the defect constitutes an emergency, materials or delays in which case Lessor shall cure the defect as quickly as possiblesecuring necessary permits, but not later than five (5) days after receipt caused by lack of noticediligence by Tenant, and, upon expiration of the 60-day period, shall deliver evidence of completion to Landlord or an interim report evidencing Tenant's diligent progress towards completion and, at the end of the next 60-day period, evidence of satisfactory completion. If Lessor fails Upon completion, Landlord shall have the right to make such repairsre-inspect the Facility. At each inspection of the Leased Property by Landlord, Lessee may do so, and the reasonable cost thereof Facility /"'" employee in charge of maintenance shall be payable by Lessor available to Lessee on demand together tour the Facility with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergencyLandlord and answer questions.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessor.
Appears in 1 contract
Maintenance. a. During 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 excuse Tenant from any obligation hereunder to make necessary repairs or replacements), the Term, Lessee will Tenant shall keep and maintain the non-structural portions of the Premises in a neat, clean and sanitary condition and in good conditionorder, reasonable wear repair, and tear condition (and casualty damage exceptedshall make any necessary replacements), but excluding any items which are including the responsibility maintenance and repair of Lessor all of the following, even if otherwise excluded from the Premises pursuant to Paragraph 9(bSection 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) below.
b. During and all interior building appliances and similar equipment; and the Termexterior and interior portions of all windows, Lessor window frames, doors, door frames, and all other glass or plateglass thereon or therein. Tenant shall maintainalso 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, in good operating condition including damage to the roof, foundations and repair, exterior walls of the structural elements of Building and Premises or to the utilities servicing the Building and the Premises; and if such repairs are required, and all Building systems (includingLandlord may demand that Tenant make the same forthwith, but not limited toat its sole cost or expense, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas Landlord may cause such repairs to be made and the Generatorcost of same shall be paid by Tenant, as additional rent, promptly upon demand therefor.
9.1.2. Lessor shall repair any defect in the above within thirty (30) daysThe Landlord shall, or such shorter period as may be required by any governmental authority having jurisdiction, promptly after receipt of written notice from Lessee describing such defectthe Tenant, unless make any necessary repairs (or replacement) to the defect constitutes an emergencyroof, 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 repair 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 which case Lessor such repairs and maintenance (and/or replacement) shall cure the defect as quickly as possiblebe made by Tenant at its sole cost and expense, but not later than five (5) days after receipt of notice. If Lessor fails or Landlord may cause such repairs to make such repairs, Lessee may do so, be made and the reasonable cost thereof of same shall be payable paid by Lessor to Lessee on Tenant, as additional rent, promptly upon demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s optiontherefor. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee The Common Facilities shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject be subject to the terms of this provision, upon request exclusive control and management of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on Landlord who shall have the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (includingright, without limitation, legal costsand in addition to the previous provisions hereof: to police the same; to change the area, engineering feeslevel, permit fees location and construction costsarrangement of Common Facilities, provided same does not impair Tenant's reasonable use of the Premises; 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 improving the Relocation so that it is fully compatible for the Lessee’s usereasonable 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, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor Landlord shall not expand be responsible for any maintenance or otherwise modify repairs to the Premises, the Building or the Property.
9.1.5. All costs incurred by Landlord in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to performing its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location obligations under this Section 9.1 shall be paid included as a part of the Operating Costs, except for Structural Repairs, the costs of which shall be borne by LessorLandlord and shall not be included as part of the Operating Costs.
Appears in 1 contract
Maintenance. a. During the Termterm of this Lease, Lessee will shall maintain the non-structural portions Premises (exclusive of the Premises in good conditionroof, reasonable wear foundation and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building which shall be the responsibility of Lessor subject to the terms hereafter set forth) as a first class office building except for damage occasioned by the act of Lessor, its employees, agents or invitees; provided, however, Lessee shall not be excused from its obligation to maintain the Premises as a result of the act of Lessor or its employees, agents or invitees if the same is subject to insurance coverages maintained by Lessee (or insurance coverages that would normally and customarily be carried by a lessee). Upon completion of the PremisesBuilding, Lessor shall conditionally assign to Lessee all warranties and all Building systems (including, but not limited to, guarantees related to the foundations, exterior walls, structural condition roof of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the GeneratorBuilding. Lessor shall be solely responsible for the maintenance and repair of the roof of the Building during the first year of the lease term. Thereafter, during the initial term of this Lease, Lessee shall be responsible for performing all routine maintenance and repairs to maintain the roof in good order and condition utilizing a roofing contractor reasonably approved by Lessor that will not jeopardize any defect roof warranty with respect to the roof, and Lessor shall be responsible for replacement of the roof, unless such replacement is caused by the failure of Lessee to perform routine maintenance hereunder. In the event that Lessor is required during the first year of the initial term of this Lease to replace the roof, Lessee shall reassign the roof related warranties and guaranties to Lessor, and Lessor shall replace the roof in accordance therewith. In the above event that Lessor is required during the initial term of this Lease to replace the roof after the first lease year, Lessee shall reassign the roof related warranties and guaranties to Lessor and shall reimburse Lessor for the costs of such replacement up to a total amount of $13,653.75 during the term of the Lease, and Lessor shall pay all costs of repair and replacement in excess of such amount. Lessee shall pay Lessor any amount it is required to pay hereunder to reimburse Lessor for the costs of repair or replacement of the roof within thirty (30) daysdays of request for payment accompanied by copies of all invoices necessary to support the requested payment. Anything herein to the contrary notwithstanding, or such shorter period Lessee shall be responsible for performing all routine maintenance to maintain the roof in good order and condition as may be required by set forth above during any governmental authority having jurisdictionand all renewal terms, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case and Lessor shall cure be responsible for replacement of the defect roof during any and all renewal terms, subject to Lessee reimbursing Lessor for all costs of the same in accordance with general terms and conditions as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do soset forth within Section 4 herein, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s optionfollowing sentence. In the event of an emergency, Lessee, at its option, may during any renewal term it becomes necessary to replace the roof or make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject major repair to the terms roof, the cost of this provisionwhich would normally be amortized under generally acceptable accounting principles, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in this Section 9, the case cost of such replacement or repair shall be amortized over the estimated useful life of the roof or the repair as reasonably determined by the outside accountants for Lessor and Lessee shall only be obligated to pay that portion of the cost of the replacement or repair attributable to the remainder of the then applicable renewal term, and upon exercise of a temporary relocationsubsequent renewal term, that renewal term. In the event that Lessor performing maintenance, and Lessee are unable to agree upon whether repair or similar work at replacement is the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree appropriate activity relative to a Relocation upon problem with the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s useroof, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment either party may provide written notice to the Relocation other of such inability to agree, and if the parties are still not in agreement within seven (including7) days thereafter, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least each party shall select an independent roofing contractor who shall make a recommendation regarding repair or replacement within thirty (30) days written notice prior after the expiration of such seven (7) day period. If the two roofing contractors cannot agree upon a recommendation, they shall mutually select a third contractor who shall make a recommendation of repair or replacement which shall be controlling on the parties. If either party does not select a roofing contractor or such contractor does not timely submit its recommendation, the recommendation of the other contractor shall be controlling. Each party shall pay all costs and fees of the roofing contractor selected by it and the parties shall equally share the costs and fees of the third contractor. Notwithstanding anything to requiring the contrary contained herein, Lessor shall be solely responsible for maintenance and repair of the foundation and all structural elements of the Building; provided, however, during any renewal term of this Lease, Lessee shall be responsible to relocate, provided that reimburse Lessor acknowledges for the costs associated with the same in accordance with the terms and agrees that Lessee will require longer advance notice to effect a permanent Relocationconditions as generally set forth within Section 4 herein, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vifollowing sentence. In the event during any renewal term it becomes necessary to replace the foundation or structural elements or make any major repair to the foundation or structural elements, the cost of which would normally be amortized under generally acceptable accounting principles, for the purpose of this Section 9, the cost of such replacement or repair shall be amortized over the estimated useful life of the replacement or the repair as reasonably determined by the outside accountants for Lessor and Lessee shall only be obligated to pay that portion of the cost of the replacement or repair attributable to the remainder of the then applicable renewal term, and upon exercise of a permanent Relocationsubsequent renewal term, once that renewal term. Further, Lessor shall warrant all improvements on the Relocation has been completed Premises (exclusive of tenant improvements constructed by Lessee) for a term of one year after the Commencement Date and Lessee’s equipment shall make all repairs resulting from defective design, workmanship or materials during that period. Further, Lessor shall, at the new location is operationalrequest of Lessee, process any reasonable costs associated with removing or restoring the original location shall be paid by Lessorwarranty claims under applicable warranties.
Appears in 1 contract
Maintenance. a. During LESSEE shall replace plate glass and other glass therein, acknowledging that the Term, Lessee will maintain the non-structural portions of the Premises leased premises are now in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building order and the Premisesglass whole. The LESSEE shall not permit the leased premises to be overloaded, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator
▇. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property▇’S OBLIGATIONS damaged, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Buildingstripped, or (ii) defaced, nor suffer any waste. LESSEE shall be shall not store trash or refuse in the case of a permanent relocation, Lessor expanding manner so as to attract rodents or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airportother pests. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon obtain written consent of LESSOR before erecting any sign on the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible premises. Except for Lessee’s usethe bathroom, in Lessee’s reasonable determination;
iiLESSEE shall otherwise be responsible for the cleanliness of the Premises. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and shall maintain the temperature in connection with relocating Lessee’s equipment the Premises at all times at a level so as to avoid the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;freezing of any pipes.
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv▇. ▇▇▇▇▇▇’s use ’▇ OBLIGATIONS The LESSOR shall be responsible for general maintenance of the utility apparatus serving the premises (including but not limited to floors, walls, ceilings, electric, plumbing and HVAC system), except for repairs or maintenance caused by ▇▇▇▇▇▇’▇ misuse of such apparatus. The LESSOR agrees to maintain the structure of the building of which the leased premises are a part in the same condition as it is at the Premises is not interrupted commencement of the term or diminished as it may be put in during the Relocation term of this lease, reasonable wear and Lessee tear, damage by fire and other casualty only excepted, unless such maintenance is allowed, if necessary, in Lesseerequired because of the LESSEE or those for whose conduct the LESSEE is legally responsible. LESSOR shall provide a dumpster for use by LESSEE for trash disposal purposes and the emptying of such dumpster shall be LESSOR’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event responsibility. The removal of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location snow and ice from the temporary location with all reasonable costs for parking areas, driveways and walkways and sidewalks bordering upon and serving the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location leased premises shall be paid by Lessor.LESSOR’s responsibility. Such snow and ice removal shall include shoveling and sanding, as necessary. ▇▇▇▇▇▇ shall also be responsible for removal of snow and ice from the roof and ▇▇▇▇▇ of the building containing the Premises as necessary to ensure that the accumulation of snow and ice does not compromise the structural integrity of such building. LESSOR shall be responsible for cleaning and stocking the common bathroom serving the Premises.
Appears in 1 contract
Sources: Commercial Lease (Monterey Capital Acquisition Corp)
Maintenance. a. During 7.1 The Lessee is obliged to daily inspect the TermRental Equipment condition and operation and is held to report any deviations on shortest notice to Aerzen Rental. The costs of repairs and maintenance, Lessee will maintain repairs and the non-structural portions replacement of parts are payable by Aerzen Rental, with the exception of costs caused due to high dust load, by negligence and/or a shortcoming on the part of the Premises in good condition, reasonable Lessee. This maintenance includes replacement of parts that are subject to wear and tear tear, filters (excluding high dust load), lubricants and casualty damage exceptedtechnical services (including travel time and expenses (within Europe), but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) belowdaily reimbursements and accommodation costs).
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements 7.2 The Lessee must immediately notify Aerzen Rental of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler any maintenance that has become necessary. Maintenance and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as repairs may only be required carried out by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defectAerzen Rental, unless the defect constitutes an emergencyLessee has been granted written approval to carry out the work himself or has arranged for this to be carried out. In the case of maintenance and/or repairs carried out by Aerzen Rental, the Lessee is required to offer the cooperation required by Aerzen Rental (forklift truck, crane, assembly, personnel), as well as free access. Any specific preparations required to access to the location must be specified as well.
7.3 Aerzen Rental is at all times entitled to check the maintenance and condition of the Rental Equipment or to arrange for this to be inspected. In that instance, the Lessee hereby undertakes to offer Aerzen Rental the cooperation and free access required by Aerzen Rental.
7.4 Aerzen Rental can remotely monitor the operation of the Rental Equipment and can notify the Lessee of any problems. Data obtained through remote monitoring is not stored in which case Lessor shall cure direct relation to the defect as quickly as possibleLessee, but not later than five (5) days after receipt of noticeonly in relation to the Rental Equipment. If Lessor fails to make such repairsthe Lessee does not allow remote monitoring, Lessee may do sowhich must be agreed on In Writing in the relevant case, and the reasonable cost thereof shall maintenance and/or repairs will be payable by Lessor the Lessee and be charged according to the applicable service rates of Aerzen Rental. Remote monitoring gives no guarantee whatsoever for the correct operation of the Rental Equipment.
7.5 If Aerzen Rental believes that the Lessee on demand together does not observe or does not comply with interest thereon from the date directions and/or instructions of payment Aerzen Rental and/or the user and maintenance instructions applicable to the Rental Equipment, Aerzen Rental will be entitled to retrieve the Rental Equipment and/or to restore its proper state of repair or arrange for this to be restored, which will be at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request expense of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessor.
Appears in 1 contract
Sources: General Terms and Conditions
Maintenance. a. During (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 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 expended for any Lessee Capital Repair Item) (the “Cost Limit”). Lessee shall complete the repairs or replacements 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 circumstances and taking into consideration the impact or potential interference with ▇▇▇▇▇▇’s business, provided that Lessee shall cause such repairs and replacements to be done in a good and worker-like manner and in compliance with all Applicable Laws (subject to Lessee’s right to contest the applicability of any law or regulation). Lessee shall 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 will maintain the non-structural portions of the Premises in good conditionshall assign to Lessor all contracts with respect thereto, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant from time to Paragraph 9(b) below.
b. During the Termtime, Lessor shall maintain, in good operating condition and repair, submit accurate invoices (including reasonable supporting documentation) to Lessee showing the structural elements of the Building and the Premisesamounts expended by Lessor under such contracts, and all Building systems Lessee shall reimburse or pay to Lessor such amount within ten (including10) Business Days thereof, but not limited to, provided that in no event shall Lessee be obligated to pay more than the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect Cost Limit in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of noticeaggregate. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees 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 relocate its equipment on a temporary the date so reimbursed or permanent basis paid to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International AirportPrime Rate. In the event the aggregate cost of all caseswork 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 ▇▇▇▇▇▇, and ▇▇▇▇▇▇ shall only agree reimburse or pay to a Relocation Lessee for the Excess within ten (10) Business Days thereof. If ▇▇▇▇▇▇ 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 following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred amount owed by ▇▇▇▇▇▇ (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 footings of the Improvements. Lessee shall 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 connection with relocating Section 15.1) to the Property to enable Lessor to evaluate the need for the Lessor Capital Repair Item identified by ▇▇▇▇▇▇. If Lessor does not agree that any such Lessor Capital Repair Item is in need of repair or replacement or that such item is not a Lessor Capital Repair Item, then Lessor shall so notify Lessee in writing within ten (10) days of Lessor’s receipt of Lessee’s equipment notice, including the reasons therefor. If Lessee and Lessor cannot reach agreement as to the Relocation repair or replacement of the Lessor Capital Repair Item in question or as to the nature of the repair (includingi.e. whether the repair of replacement constitutes a Lessor Capital Repair Item), without limitation, legal costs, engineering fees, permit fees the parties shall submit the issue to mediation and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iiiArbitration per Section 27 of this Lease. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor The arbitrator shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. determine whether based upon ▇▇▇▇▇▇’s use standard for having replaced and/or repaired capital items at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any the Base Term, such Relocation;
v. In item would have been repaired or replaced and whether or not the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessorreplacement constitutes a Lessor Capital Repair Item. If it is determined that, Lessee is permitted 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 return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vibe done. In the event Lessor does not make such Capital Repair, Lessee may do so, in which event Lessor shall reimburse Lessee for the cost thereof within ten (10) Business Days of a permanent RelocationLessor’s receipt of an invoice therefor, once together with reasonable back-up documentation, from Lessee. In the Relocation has been completed and Lessee’s equipment at event that ▇▇▇▇▇▇ does not so reimburse ▇▇▇▇▇▇, then ▇▇▇▇▇▇ 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 new location is operationalcase of Casualty to or Condemnation of the Property, any reasonable costs associated with removing or restoring in which case the original location obligations of the parties shall be paid by Lessoras provided in Article 12.
Appears in 1 contract
Sources: Lease Agreement
Maintenance. a. During the Term, Lessee Licensor offers a maintenance and enhancement plan ("Plan") pursuant to which Licensor will maintain the non-structural portions supply code corrections as required to correct substantial deviations of the Premises Products from the specifications contained in good conditionthe Documentation, and will supply improvements, enhancements and other changes which in Licensor's discretion it deems to be logical improvements to the Products. Licensor will also supply technical assistance, without charge, in the ordinary and customary support of the Products, or at Licensor's standard consulting rates if technical assistance is required in excess of ordinary and customary support. Except for support services critical to the uninterrupted operation of Client's Business (which shall be provided as soon as possible), maintenance services will be available during Licensor's normal business hours (Monday-Friday, 8 a.m.—5 p.m., Pacific Time) and will be supplied within a reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) belowtime after Client's request therefor is received.
b. During The Plan is provided to Client at the Term, Lessor shall maintain, rate indicated in good operating condition and repair, the structural elements Schedule. Client's subscription will be automatically entered for the Plan for an initial one-year period commencing upon the last day of the Building and the PremisesWarranty Period, and all Building systems (includingsuch subscription will be automatically renewable for successive annual periods, but not limited tounless Client supplies written notice to Licensor of its intent to terminate such subscription, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, days prior to the beginning of any such annual period. Client may continue to use the Products whether or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless not the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergencymaintenance fees are current.
c. Subject Maintenance and enhancement provided pursuant to the terms of Plan will be provided with respect to the original Products as supplied to the Client, as modified by Licensor, pursuant to this provisionAgreement. If Client has modified the Products without Licensor's consent, upon request of the LessorLicensor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for condition to its obligation to perform under the purpose of (i) Plan, may require Client to demonstrate that any deviation or malfunction in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at Products was not caused by Client's modifications.
d. Licensor may terminate its obligation to provide the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred Plan by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee giving at least thirty (30) days written notice prior to requiring Lessee Client (i) if Client defaults in paying any maintenance fees hereunder and fails to relocatecure such default within thirty (30) days after receipt of written notice thereof or (ii) if Licensor is liquidated, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice dissolved or ceases to effect a permanent Relocationcarry on business, and that Lessor shall the obligations of Licensor to provide maintenance in accordance with this paragraph are not expand assumed by any successor or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event assignee of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
viLicensor. In the event of such termination, Licensor will refund to Client a permanent Relocationprorata portion of any annual maintenance fee.
e. In the event Licensor defaults on its obligations to provide the Plan, once and the Relocation has been completed services, updates and Lessee’s equipment at enhancements thereunder, which default is not cured within 30 days after written notice from the new location is operationalClient, any reasonable costs associated with removing or restoring then the original location shall be paid by LessorClient may terminate the maintenance aspects of this Agreement.
Appears in 1 contract
Maintenance. a. During LANDLORD agrees to do any reasonable maintenance or structural repairs that are needed to the TermUNIT. TENANT agrees to keep the UNIT clean, Lessee will maintain the non-structural portions neat and safe. LANDLORD shall act with customary due diligence to:
(a) keep Community Common Areas of the Premises PROPERTY (but not Common Areas in good conditionthe UNIT, reasonable wear and tear and casualty damage excepted, but excluding any items which are shall be the responsibility of Lessor pursuant TENANT) reasonably clean;
(b) maintain fixtures, furniture, hot water, heating, and A/C equipment;
(c) substantially comply with applicable federal, state, and local laws regarding safety, sanitation, and fair housing; and
(d) make all reasonable repairs, subject to Paragraph 9(b) below.
b. During TENANT’s obligation to pay for damages for which TENANT is liable. LANDLORD may temporarily turn off equipment and/or interrupt utilities to the TermUNIT and/or the PROPERTY to avoid property damage or to perform work requiring such interruption as determined in LANDLORD’s sole judgment. LANDLORD will not be liable for any inconvenience, Lessor shall maintaindiscomfort, in good operating condition disruptions, or interference with TENANT’s use of the UNIT or the PROPERTY because LANDLORD is making repairs, alterations, or improvements to the UNIT or the PROPERTY. If TENANT requests any repairs, and repairLANDLORD approves such request, the structural elements repairs will be done during LANDLORD’s usual working hours unless TENANT requests in writing that such repairs be done during other hours and such request is approved by LANDLORD. If LANDLORD approves an off-hours request TENANT will have to pay in advance any additional charges resulting from such request. TENANT agrees to take reasonable steps in order to prevent or minimize the growth of mold and mildew within the UNIT. To prevent or minimize the occurrence and growth of mold in the UNIT, TENANT hereby agrees to the following: TENANT is responsible for replacing the HVAC filter at least four times during the TERM at TENANT’s expense. TENANT may purchase filters from LANDLORD at a cost of $5.00 each. TENANT shall (a) remove any visible moisture accumulation in or on the UNIT, including on walls, windows, floors, ceilings, and bathroom fixtures, (b) mop up spills and thoroughly dry affected area as soon as possible after occurrence, (c) use exhaust fans in the kitchen and bathroom(s) when necessary, and (d) keep climate and moisture in the UNIT at reasonable levels. TENANT shall clean and dust the UNIT regularly, and shall keep the UNIT, particularly the kitchen and bathroom(s), clean and dry. Any water leak, excessive moisture, or standing water inside the UNIT or any Common Areas. Mold or mildew growth in or on the UNIT that persists after TENANT has tried to remove it with an appropriate household cleaning solution, such as Lysol or Pine-Sol disinfectants, Tilex Mildew Remover, or Clorox, or a combination of water and bleach. A malfunction in any part of the Building and the Premisesheating, and all Building systems (includingair-conditioning, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect system in the above within thirty UNIT. Pest infestations or the need for pest control treatment (30) days, which notice shall constitute permission to enter the UNIT for purposes of performing inspections or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of noticetreatments related thereto). If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof TENANT shall be payable liable to LANDLORD for damages sustained to the UNIT or the PROPERTY caused by Lessor TENANT’s failure to Lessee on demand together comply with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provisionParagraph 26, upon request and LANDLORD shall not be liable for any damages sustained to TENANT’s person or property as a result of any such failure. TENANT is responsible for all pest control, except that LANDLORD shall provide an initial pest control treatment if the need for such treatment is reported to LANDLORD in writing within 10 days after move-in. If LANDLORD incurs the cost of pest control in the UNIT or the PROPERTY as a result of the Lessoractions or inactions of any tenant in the UNIT, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on all tenants in the Property, hereinafter referred to as a “Relocation,” UNIT shall be responsible for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorcost thereof.
Appears in 1 contract
Sources: Residential Lease Agreement
Maintenance. a. During Tenant agrees that the TermPremises are accepted in their "as-is" condition as designated in the checklist specified in Section 6 above. Tenant agrees to keep the Premises, Lessee will maintain the non-structural portions including all buildings, landscaping, yard, lawn, and flower beds, in a neat and clean condition, and upon termination of this Agreement to leave the Premises in as good conditiona condition as at commencement, reasonable wear and tear and casualty damage excepted, but excluding any items which are . Without limiting the responsibility general obligations of Lessor pursuant Tenant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and maintain the Premises, Tenant agrees to: (1) properly dispose of all rubbish, garbage and other organic or flammable waste brought to or generated on the Premises, in a clean and sanitary manner at reasonable and regular intervals and to assume all Building systems costs of elimination and/or fumigation of any infestation caused during the term of the Agreement; (including2) properly use and operate all electrical, gas, heating, plumbing and other fixtures and appliances located in the Premises and supplied by the Landlord; (3) not to intentionally or negligently destroy, deface, damage, impair or remove any portion of the Premises, including but not limited toto any facilities, structure, appurtenance, equipment, furniture, furnishings and appliances located thereof or to permit any guest, invitee or any other person to do so; and (4) not to permit any nuisance or to maintain any waste on the foundationsPremises. It is understood that if the Premises are destroyed through intentional or malicious acts of the Tenant or any person acting under control of the Tenant, exterior wallsviolations may be prosecuted under RCW 9A.48. Upon vacation of the Premises, structural Landlord shall retain all or any portion of the security deposit as is required to reimburse Landlord for any repairs or restoration of the Premises to the condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect described in the above checklist, reasonable wear and tear excepted, and Landlord shall invoice Tenant for any additional amounts expended in said repairs or restoration. The security deposit, less any amount retained, together with an itemized list of any cleaning, repair or restoration charges shall be mailed to Tenant within thirty fourteen (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (514) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date termination of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s optionthis Agreement. In the event of an emergencyno forwarding address is provided by the Tenant, Lesseeany refunded security deposit, at its option, may make such repairs at Lessor’s expense, before giving together with any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to notices concerning the terms of this provision, upon request condition of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on Premises and the Property, hereinafter referred to as a “Relocation,” for costs incurred by the purpose of (i) Landlord in the case of a temporary relocation, Lessor performing maintenancecleaning, repair or similar work restoration of the Premises, will be available to Tenant upon request to the Landlord at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation address designated on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorsignature page hereof.
Appears in 1 contract
Sources: Residential Lease Agreement
Maintenance. a. During the TermLessor covenants and agrees, Lessee will at its expense and without ----------- reimbursement or contribution by Lessee, to keep and maintain the non-structural portions of the Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, and replace if necessary, (i) the structural elements systems of the Building including, without limitation, the roof, roof membrane, roof covering (including interior ceiling if damaged by leakage), load-bearing walls and floor slabs, and masonry walls and foundations, (ii) the Premisesexterior and below floor slab portions of the plumbing system, (iii) the below floor slab portions of the electrical system servicing the Building, and all conduits from the public utility transformer poles to the Building systems and (includingiv) the underground sprinkler mains. Notwithstanding the foregoing, but Lessee shall be responsible to perform repairs to any of the foregoing items which are necessitated solely as a result of the acts, omissions, or sole or negligence of Lessee, its agents, contractors, employees, licensees, concessionaires, subtenants, or customers, it being agreed that in the instance of concurrent negligence, Lessor and Lessee shall each bear their proportionate share of the costs of such repairs. In the event the described portions of the Leased Premises become out of repair, and not limited toin good working condition, due to either the foundationsfailure of Lessor to comply with the terms of this paragraph, exterior wallsor a latent defect, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. then Lessor shall repair perform or cause to be performed any defect in and all repairs necessary to restore the above Leased Premises to a state of good condition and repair. If, following Lessee's delivery to Lessor of written notice of such condition, Lessor fails to prosecute the repairs required hereunder diligently and continuously until completion within thirty (30) days, or days of such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency(provided, in which case the event such repairs are not susceptible to cure within such thirty (30) day period, then Lessor shall be permitted such time as is reasonably necessary to repair such items so long as Lessor commences such cure the defect as quickly as possiblewithin such thirty (30) day period, but not later than five (5) days after receipt diligently pursues such cure and, in fact, cures such condition within a reasonable period of notice. If Lessor fails to make such repairstime), Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make prosecute such repairs at Lessor’s expenseitself and, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇after submitting a final ▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the PropertyLessor for such work, hereinafter referred to as a “Relocation,” Lessor shall pay the ▇▇▇▇ for such repair work within thirty (30) days after the purpose of (i) Lessor receives the same. Notwithstanding the foregoing, in the case of a temporary relocationcasualty event which creates imminent danger to persons or property, as applicable to a portion of the Leased Premises for which Lessor is obligated to repair, Lessee shall provide Lessor with twenty-four (24) hours prior notice (which notice may be oral, but which must be immediately followed by written notice) of such event and the need for immediate repairs, and if Lessor fails to respond to Lessee's notice by initiating repair work as may be necessary within twenty-four (24) hours after Lessor receives such notice, Lessee shall have the right to prosecute any and all necessary repairs relating to such event, and, Lessor performing maintenance, repair or similar work at shall pay the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least such repair work within thirty (30) days written notice prior after the Lessor receives the same. Lessee agrees at its own expense to requiring Lessee keep the interior of the Leased Premises and Common Area immediately adjacent to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice the front entrance to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation clean and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorhealthy condition.
Appears in 1 contract
Maintenance. a. During TENANT agrees to accept the Term, Lessee will condition of the premises in ‘as is' condition with no warranties or promises expressed or implied. TENANT shall maintain the non-structural portions of premises in good, clean and tenantable condition throughout the Premises tenancy, keep all plumbing fixtures in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building use all electrical, plumbing, heating, cooling, appliances and the Premisesother equipment in a reasonable manner, removing all garbage in a clean and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s optionsanitary manner. In the event of an emergencyTENANT or TENANT'S guests or invitees cause any damage to the premises, Lessee, LANDLORD may at its optionoption repair same and TENANT shall pay for the expenses of same on demand or LANDLORD may require TENANT repair same, may make such repairs all charges incurred as additional rent after first 15 days of occupancy. TENANT shall be fully responsible for, and agrees to maintain and repair at Lessor’s TENANT'S expense, before giving the following: A/C FILTERS, DRAIN STOPPAGE, EXTERMINATION/PEST CONTROL INCLUDING RATS, MICE, ROACHES, FLEAS, ANTS, BEDBUGS, ETC. (EXCEPTION OF WOOD DESTROYING ORGANISMS), LAWN/SHRUBBERY, LOCKS/KEYS, SCREENING, SMOKE ALARM(S), WINDOW/DOOR GLASS, AND TRIPPED CIRCUIT/GFI BREAKERS. INSPECTIONS: LANDLORD may at their discretion schedule periodic property inspections. LANDLORD will provide reasonable notice of the date of the inspection by telephone, hand-delivery, mail, email or posting. It is not necessary that the TENANT be present for the inspection, only that the TENANT does not impede the completion of the inspection. If for any reason, the inspector is unable to complete the inspection on the scheduled date, TENANT will be charged a $75.00 reschedule fee. If any concerns are found upon review of the inspection TENANT will be notified, and given ten days to cure. The LANDLORD will provide reasonable notice of the date of the re-inspection to ensure the concern has been remedied; the TENANT will be charged a $75.00 re-inspection fee for this inspection. FREEZE DAMAGES: TENANT shall take reasonable precautions to protect the plumbing in the event of freezing temperatures and be responsible for damages as a result of freezing temperatures; including plumbing repairs necessitated as a result of tenant not taking proper precautions. SMOKE DETECTORS / ALARMS: TENANT agrees that they shall immediately test the smoke detector and shall maintain same, holding LANDLORD harmless in the event of failure of such devices. VACATING: Landlord or Tenant will give written notice, but Lessee shall notify Lessor in writing within three (3) business move out notice not less than 30 days following such emergency.
c. Subject prior to the terms end of this provisionlease. At the expiration of this agreement or any extension, TENANT shall peaceably surrender the premises and turn in all keys and any other property owned by LANDLORD leaving the premises in good, clean condition, ordinary wear and tear accepted. Upon vacating, the main breaker in the electrical panel must be in the OFF position. Failure to comply will result in a $75.00 fee. Property must be cleaned completely (including appliances/baths, etc.). Additional funds may be withheld for excessive wear and tear on the property or if property is left not clean. In the event all keys are not returned upon request move-out, there will be a minimum charge of the Lessor, ▇▇▇▇▇▇ $90.00. The tenant agrees to relocate its equipment on a temporary allow the agent to show the property to prospective tenants or permanent basis to another location on purchasers during the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty final (30) days written notice prior of tenancy and to requiring Lessee allow owner’s agent to relocate, provided that Lessor acknowledges and display a “For Rent” or “For Sale” sign on the property along with placing a lock box on the property. RETURN OF SECURITY DEPOSIT: Tenant agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify surrender the Building Premises in a manner that clean and rentable condition. Return of the security deposit is adverse subject to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessor.following conditions:
Appears in 1 contract
Sources: Lease Agreement
Maintenance. a. During 8.01 Other than as provided below in this section, Landlord agrees to keep in good order, condition and repair the Termfoundations, Lessee will maintain exterior walls (except glass and glass windows and the nonso-called store front), roof and structural portions of the demised premises, except for reasonable use and wear and any damage thereof caused by any act of negligence of "Tenant," its employees, agents, licensees or contracts.
8.02 Tenant agrees throughout the term hereof to keep and maintain the Premises and every part thereof (except as herein above provided) in good conditionorder, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, including without limitation, all plumbing facilities within the structural elements of the Building demised premises, fixtures and interior walls, floors ceiling, signs, air conditioning and heating equipment, all interior building appliances and similar equipment and the Premisessewer line from the Premises to its point of connection with the main sewer line maintained by Landlord to serve the Office/Warehouse. Tenant specifically agrees to replace all glass and glass windows in the demised premises which may be broken or cracked during this Lease at Tenant's sole cost, if broken from inside Tenants space.
8.03 Tenant shall not make any alterations, improvements or additions to the Premises without first obtaining, in each instance, the written consent of Landlord. Any and all alterations, additions, improvement, and all Building systems fixtures (includingother that the usual trade fixtures) which may be made or installed by either Landlord or Tenant upon the Premises and which in any manner are attached to the floors, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose walls or ceiling (including without limitation any linoleum or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving floor covering which may be cemented or otherwise adhesively attached to the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) daysfloor, or such shorter period air conditioning and heating systems) shall remain upon the Premises and at the termination of this Lease shall be surrendered with the Premises as may be required part thereof without disturbance, molestation or injury except for cabinets and light fixtures which have been paid for and installed by any governmental authority having jurisdiction, after receipt Tenant. Said cabinets shall remain the property of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do soTenant, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment Tenant may remove them at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Lawsany time, or, at Lessee’s option. In the event of an emergency, Lessee, at its Tenant's option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to a reasonable time after the terms termination of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by LessorLease.
Appears in 1 contract
Sources: Lease Agreement (Humatech Inc)
Maintenance. a. During the Term(a) Landlord’s Responsibilities. Landlord shall maintain in good order, Lessee will maintain the non-condition, and state of repair all exterior and structural portions of the Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundationsroof, exterior walls, structural condition of interior load bearing walls, exterior roof fire sprinkler and/or standpipe floors and hose 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 automatic fire extinguishing systemthird party) in effecting its repairs and maintenance hereunder, fire hydrantsprovided, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas)however, the common areas and cost of any item which, by standard accounting practice, should be capitalized, will not be included in Operating Expenses. Notwithstanding the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergencyforegoing, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt lieu of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, capital expenses for repairs or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject replacements to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” Property (including without limitation any upgrades for the purpose of reducing Operating Expenses or for the purpose of complying with applicable laws, codes and regulations), 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 (2%). 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 case payments of a temporary relocation, Lessor performing maintenance, repair or similar work 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 Property or in end of any calendar month. After Landlord has received the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible final statement for the LesseeOperating Expenses for the previous calendar year, Landlord will notify Tenant of the amount of Operating Expenses on which Tenant’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocationpro rata share is based, and that Lessor 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 not expand or otherwise modify receive a credit from Landlord for the Building excess against installments of Tenant’s pro rata share next becoming due to Landlord (in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocationcredit to the Tenant upon termination of the Lease, upon Tenant shall receive the completion 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 maintenanceyear, repair or similar work the following adjustments shall be made:
(a) if less than ninety-five percent (95%) of the Property rentable area shall have been occupied by Lessortenants at any time during such year, Lessee is permitted Operating Expenses shall be deemed for such year to return be an amount equal to its original location from the temporary location with all reasonable costs like expenses which Landlord reasonably determines would normally be incurred had such occupancy been ninety-five percent (95%) throughout such year (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 same being paid by Lessor; andperiod in question);
vi. In (b) if any tenant of the event of Property supplies itself with a permanent Relocationservice at any time during such year that Landlord would ordinarily supply without separately charging therefor, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location then Operating Expenses shall be paid deemed to 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 LessorLandlord 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 Operating Expenses incurred for the Property consist of shared costs and expenses with one or more other buildings or properties, whether pursuant to a reciprocal easement agreement, cost sharing agreement, common area agreement, or otherwise, the shared costs and expenses shall be equitably allocated by Landlord between the Property and such other buildings or properties.
Appears in 1 contract
Sources: Agreement of Sale (Lenox Group Inc)
Maintenance. a. During the TermA. Upon occupancy, Lessee will maintain the non-structural portions of T▇▇▇▇▇ accepts the Premises as being in good conditionand sanitary order, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, LesseeTenant, at its option, may make such repairs at Lessor’s sole cost and expense, before giving any written noticewill keep the Premises and every part thereof in good and sanitary condition and repair damage thereto by fire, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to earthquake, act of God or the terms of this provision, upon request of the Lessor, ▇elements excepted unless caused by Tenant's negligence or willful act. T▇▇▇▇▇ agrees to relocate carry out promptly all maintenance that at any time may become necessary to put and keep the Premises in as good and sanitary a condition as when received by Tenant from Landlord, reasonable wear and tear excepted, and, the preceding sentence notwithstanding, to replace immediately all interior glass now or hereafter installed in the Premises, however broken. Maintenance or repair required because of burglary or vandalism will be the sole responsibility of Tenant, unless required as a result of Landlord's grossly negligent or intentional misconduct.
B. If, during the Term, because of the Tenant's use of the Premises, any alterations or improvements to the Premises are required by law, whether or not such law was within the contemplation of the parties upon execution of this Lease, Tenant will be obligated to make such alterations or improvements at its equipment sole cost and expense. However, if such alterations are required on a temporary or permanent basis Building-wide basis, and are not related to another location on Tenant's particular use of the PropertyPremises, hereinafter referred Tenant's obligation under this Paragraph B will be limited to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, $5,000.
C. ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays hereby waives all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocationrights under, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse benefits of, Subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code, and under any similar law, permitting Tenant to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use make repairs at the Premises is not interrupted expense of Landlord or diminished during to terminate a lease by reason of the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on condition of the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorleased premises.
Appears in 1 contract
Sources: Office Lease (Bf Enterprises Inc)
Maintenance. a. During the Term, Lessee will The Lessor shall keep and maintain the non-structural portions foundation, outer walls, roof and buried conduits of the Premises premises in good conditionrepair, except that the Lessee shall make any such repairs occasioned by the negligence of Lessee, its agent, express or implied invitees, or employees.
b. The Lessee, at its sole expense, shall keep and maintain the demised premises, as now or hereafter constituted with all improvements made thereto, including glass, (reasonable wear and tear excepted), and casualty damage exceptedshall make all repairs, but excluding any items which replacements and renewals, whether ordinary or extraordinary, seen or unforeseen, including all structural repairs to the interior necessary to maintain the demised premies.
c. Lessee shall be responsible for the operation, upkeep, repair and replacement of the air-conditioning and heating system and plumbing, except where the repair or replacements are covered under a warranty running in favor of the responsibility Lessor.
d. If Lessee fails to repair property as required hereunder to the reasonable satisfaction of Lessor pursuant to Paragraph 9(b) below.
b. During the Termas soon as it is reasonably possible, after written request, Lessor shall maintainhereby have the right to enter the leased premises as is necessary to effect repairs and to make such repairs at Lessee's expense, in good operating condition and repairwithout liability for any loss or damage that may accrue to Lessee's merchandise, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose fixtures or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generatorproperty or to Lessee's business by reason thereof. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt Upon completion of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do soshall pay as additional rent Lessor's costs for making such repairs within ten (10) days of presentation of the ▇▇▇▇ therefor by Lessor, and the reasonable cost thereof which shall be payable conclusive evidence of the amount of such costs. Lessee's failure to make such repayment shall constitute a default under the terms of this Lease. Nothing herein shall imply any duty upon the part of the Lessor to do any such work and performance of such work by the 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 penalties, including reasonable attorney's fees, because of or due to Lessee's failure to comply with any of the provisions of this Lease, including Lessee's duty to repair. Lessee shall not call upon Lessor for any disbursement or outlay of money whatsoever in connection with such repairs and hereby expressly releases and discharges Lessor of an from any liability or responsibility whatsoever in connection therewith, including any repairs made by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject pursuant to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of Subsection (id) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorabove.
Appears in 1 contract
Sources: Business Lease (Triple a Homes Inc)
Maintenance. a. During HDOT shall operate and provide structural maintenance and repair of the TermBridge, Lessee will maintain Mauka Abutment, Makai Abutment and Makai Walkway.
i. Concrete structure ii. Railings
b. HDOT shall pay all utilities, including those for electricity usage for lighting and water usage for irrigation of the Walkways.
c. WVOA shall operate and provide non-structural portions maintenance and repair of the Premises in good conditionWalkways at WVOA’s expense, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundationsproviding custodial services, exterior landscape maintenance, and security patrols. WVOA shall also maintain non-structural planter walls, structural condition including any landscaping therein. WVOA responsibility for the landscape maintenance shall begin upon completion of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect Landscape Maintenance as described in the above within thirty (30) daysConstruction Contract. WVOA responsibility of custodial services and security patrols shall begin once the Bridge is open to the public.
d. Upon VWL’s transfer of ownership of the Mauka Walkway to WVOA, or WVOA shall operate the Mauka Walkway such shorter period as may be required by any governmental authority having jurisdictionthat it is open to the public without access restrictions, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. except:
i. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject as necessary to protect the terms of this provision, upon request health and/or safety of the Lessorpublic, and upon WVOA providing immediate notification to HDOT through the HDOT Tunnels Operation Center at (▇▇▇) ▇▇▇-▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property time the Mauka Walkway is being closed and at the time that it is or in will be reopened. HDOT reserves the Buildingright to determine whether the situation causing the closure rises to the level of an emergency necessary to protect the health and/or safety of the public, or (ii) in and also reserves the case right to direct reopening of a permanent relocationthe Mauka Walkway, Lessor expanding or otherwise modifying however, WVOA expressly disclaims liability for any damages arising from and/or attributable to any decision by HDOT to direct reopening of the Building, or (iii) Lessor requiring the Relocation in order Mauka Walkway pursuant to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;this paragraph; and
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ For temporary closures for and in connection with relocating Lessee’s equipment landscaping, non-structural maintenance or repairs to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving walkway. Any temporary closures for landscaping or non-structural maintenance or repairs to the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee walkway shall be approved by HDOT at least thirty (30) days written notice 2 weeks prior to requiring Lessee the closure.
e. If HDOT requires temporary closures of the walkways for structural maintenance or repairs, HDOT will inform the Parties in writing and the public at least 2 weeks prior to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorclosure.
Appears in 1 contract
Sources: Development Agreement
Maintenance. a. During 15.1 Unless occasioned by the Termmisconduct or negligence of Lessee or Lessee’s contractors or employees, Lessor shall, at its expense, repair the foundation and the exterior walls (excluding all glass windows, window frames and doors) and roof of the building of which the Demised Premises are a part; and provided further that Lessor’s duty to so maintain and repair shall not include repainting of the exterior of the Demised Premises which shall be included in Common Area Costs as hereinabove provided. Lessee will shall promptly notify Lessor in writing of any maintenance or repairs necessary pursuant to this paragraph.
15.2 All other repairs or maintenance to the Demised Premises shall be made by Lessee at Lessee’s expense, and Lessee agrees to maintain the non-structural portions of Demised Premises and all improvements, fixtures and equipment at any time located upon the Demised Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior surface of the floors and walls, structural plumbing, electrical wiring and fittings, sewer pipes, water pipes and heating pipes, and to keep the interior of the Demised Premises painted and clean, and to be responsible for all glass, ordinary wear and tear excepted, but in no event in better condition and repair that at the commencement of interior bearing this Lease. In the event it is necessary for Lessee to make any repairs, alterations, additions or improvements to the Demised Premises pursuant to this paragraph, Lessor may impose such requirements as Lessor may reasonably deem necessary, including without limitation thereto, the manner in which the work is done, a right of approval of the contractor by whom the work is to be performed, and the times during which it is to be accomplished. Lessor warrants to the best of Lessor’s knowledge that the floors, walls, exterior roof fire sprinkler and/or standpipe plumbing, electrical wiring and hose or other automatic fire extinguishing systemfittings, fire hydrantssewer pipes, parking lotswater pipes and heating pipes are in good working order and repair as of the commencement of this Lease. Lessor shall, walkwaysat its sole cost and expense, parkwayssubject to reimbursements by Lessee outlined in Schedule D, driveways, landscaping, fences, signs during the term of this Lease maintain a regularly scheduled preventative maintenance/service contract with a maintenance contractor for the servicing of the heating and utility air conditioning systems serving and equipment exclusively servicing the common areas)Demised Premises. Should Lessee perform such maintenance, the common areas maintenance contractor and contract must be approved by Lessor and must include servicing, replacement of filters, replacement or adjustment suggested by the Generatorequipment manufacturer. Lessor shall repair any defect keep the sidewalks in front of the above within thirty (30) daysDemised Premises free from ice and snow, or litter, debris, dirt and obstruction and Lessee shall be charged its prorata share of Common Area Maintenance for such shorter period as may be required by any governmental authority having jurisdictionservices, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possibleinitially calculated, but not later than five (5) days after receipt subject to change, as shown on Schedule D. All repairs necessitated by the negligence of notice. Lessee or Lessee’s agents, contractors or employees or by their use of the Demised Premises shall be repaired by Lessee at Lessee’s expense.
15.3 If Lessor Lessee fails to keep the Demised Premises in such good order and repair as required hereunder, ordinary wear and tear excepted, to the reasonable satisfaction of Lessor, Lessor may restore the Demised Premises to such good order and condition and make such repairs, Lessee may do sorepairs without liability to Lessor, and upon completion thereof. Lessee shall pay to Lessor, as additional rent, upon demand, the reasonable cost thereof of such restoration and repair, plus an amount equal to Lessor’s cost of overhead expense attributable to the making of such repairs (as is reasonably determined by Lessor), which amount shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) not exceed ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose costs of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorrepair.
Appears in 1 contract
Maintenance. a. During (a) Lessee shall keep the TermPremises in a reasonably clean and neat condition, repairing any damage to the Premises caused in whole or in part by Lessee will maintain or its agents, employees, customers, licensees, or invitees, or by the non-structural portions misuse of the Premises by Lessee or its agents, employees, customers, licensees, or invitees. The reasonable cost of any such repairs that are performed by Lessor at the request of Lessee, plus an administrative fee of eight percent (8%) of such costs, shall be reimbursed within ten (10) days following Lessor’s delivery to Lessee of written invoice therefor. Lessor will keep the Premises in a dry and tenantable condition and will maintain in a good conditionstate of repair, reasonable maintenance and condition the following items, excluding damages caused by normal wear and tear and casualty damage excepteddamages caused by persons other than Lessee or its agents, but excluding any employees, customers, licensees or invitees: (i) Building standard items which are located within the responsibility of Lessor pursuant Premises including without limitation, all exterior windows, interior light fixtures, doors, electrical and plumbing systems and mechanical installations and or systems and (ii) the Building corridors, lobbies, common areas and structural members and equipment used to Paragraph 9(b) belowprovide those services to Lessee and other tenants as set forth herein.
b. During the Term, (b) Lessor shall maintain, in good operating condition and repair, the structural elements be responsible for installation of the Building Remote Facility System in accordance with the Plans and shall assign to Lessee all warranties relating thereto; and Lessee shall be responsible for maintenance and repair of the Premises, Remote Facility System thereafter.
(c) Lessor agrees to furnish Lessee the following services: (i) central heat and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems air conditioning in season serving the common areas), the Building common areas and the Generator. Premises; (ii) electrical lighting service and Building standard bulb replacement for fixtures that are part of the Leasehold Improvements; (iii) janitorial services Mondays through Fridays, exclusive of normal and traditional business holidays, for similar buildings in Mobile, Alabama, including periodic cleaning of floors and carpeting as necessary, and otherwise in accordance with the written standards provided by Lessor shall repair any defect in the above within thirty to Lessee; and (30iv) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt Building standard amounts of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possibleelectrical current, but not later less than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to that as a “Relocation,” for the purpose of (i) specified in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International AirportPlans. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable All costs incurred by ▇▇▇▇▇▇ for Lessor in performing such maintenance and in connection with relocating Lessee’s equipment repairs shall (subject to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, provisions excluding certain operating expenses from Operating Costs in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessor.Section 2.02)
Appears in 1 contract
Sources: Office Lease Agreement (Banctrust Financial Group Inc)
Maintenance. a. During The Sublessor shall, at Sublessor’s expense, maintain and repair the Term, Lessee will maintain the non-structural portions of the Subleased Premises, except for repairs or damages caused by instances of Sublessee negligence. The structural parts of the Subleased Premises shall be defined as: building foundations, sidewalks, exterior walls (excluding glass and doors), aircraft parking ramps, automobile parking lot (excluding landscaping), and the roof (to the extent described in Section 12.a below).
a. Sublessor represents, and Sublesee hereby acknowledges, that hangar portion of Building 681 was constructed with a “Water Shedding” Roof that is designed to keep the floor space below the roof substantially dry. Consequently and dependent upon rain volume, wind speed, and wind direction, the hangar roof is expected to experience minor leakage. The Sublessor shall maintain and repair the roof to the extent required to ensure that no individual leaks exceed a flow rate of two gallons per hour.
b. Except for the excessive repair and maintenance necessitated solely by Sublessor’s activities, Sublessee shall at all times during the Term hereof and until surrender and termination, keep and maintain the Subleased Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition substantial order and repair, the structural elements and shall undertake all necessary repair and maintenance of the Building and Subleased Premises. Sublessee shall be responsible for all operating expenses associated with maintaining the Premises, and all Building systems (Subleased Premises including, but not limited to: cleaning; light bulb replacement; procurement of supplies and materials; preventative maintenance; repair; upkeep and emptying of emergency/hazardous spill trench drains and reservoir; signs; furniture and window cleaning; repairs to trade fixtures and/or equipment, the foundationsdoors, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrantsceilings, parking lotslot lighting; floors; interior and exterior painting, walkwayslandscaping of parking lot, parkwaysassociated fees, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergencyetc.
c. Subject Sublessee shall at all times during the Term hereof and until surrender and termination, perform all required preventative maintenance, inspection, servicing, and repair of the Subleased Premises mechanical, back flow prevention, electrical, lighting, plumbing, and similar systems. Sublessee agrees at Sublessee’s sole cost and expense to contract with a licensed HVAC contractor, and supply copies to Sublessor of service orders or invoices evidencing the performance of semi-annual inspections, servicing and preventative maintenance of HVAC equipment. Said semi-annual HVAC service shall be performed in July and January of each year. The aforementioned notwithstanding, the Sublessor covenants to perform all HVAC repairs, including replacement if needed and at Sublessor’s sole discretion, provided Sublessee performs maintenance in accordance with Section 12.c throughout the Term hereof, and Sublessee provides Sublessor with written quotations from its licensed HVAC contractor describing the source and nature of the repair in question; and if the Sublessor is first given the opportunity to make the repair or contract directly with Sublessor’s vendor of choice to perform the repair or replacement.
d. Sublessee agrees, at Sublessee’s sole cost and expense, to procure and maintain throughout the Term hereof, and supply copies to Sublessor, contracts for the inspection/servicing and maintenance, in accordance with applicable NFPA and local Fire Department guidance, of all fire extinguishing and suppression systems, fire alarms and/or smoke detection systems. Sublessee further agrees throughout the Term to supply copies of all life safety related certifications and/or inspection records to the terms Sublessor within 15 calendar days of this provisioncompletion. The aforementioned notwithstanding, upon request the Sublessor covenants to perform all fire suppression system repairs, provided Sublessee performs maintenance in accordance with Section 12.d throughout the Term hereof, and Sublessee contracts with a Fire Sprinkler contractor approved by the Sublessor, and Sublessee provides Sublessor written quotations from said approved Fire Sprinkler Contractor describing the source and nature of the Lessor, ▇▇▇▇▇▇ agrees repair in question; and the Sublessor is first given the opportunity to relocate its equipment on a temporary make or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” contract for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorrepair.
Appears in 1 contract
Sources: Sublease Agreement
Maintenance. a. During 13.1 The LESSEE shall keep the Term, Lessee will maintain the non-structural portions interior of the Premises PREMISES in good order and condition and hereby acknowledges, subject to the provisions of clause 12 above, that, on taking occupation, he received the PREMISES in a good and clean condition and free of insects and rodents. The LESSEE undertakes to leave the PREMISES in the same good order and condition, reasonable fair wear and tear and casualty damage excepted, but excluding on expiration, or prior termination of this AGREEMENT or the eventual vacation thereof. The LESSOR will be responsible for all maintenance to the exterior of the premises.
13.2 If the LESSEE fails to leave the PREMISES in the condition contemplated in sub-clause 13.1 at the expiration or prior termination of this AGREEMENT or the eventual vacation thereof, the LESSOR may have the necessary repairs effected or other work done to restore the PREMISES to the condition contemplated in sub- clause 13.1, only if the Lessee elects not to do so. The LESSEE shall forthwith on demand pay to the LESSOR all costs incurred or which may have to be incurred in terms of this sub-clause. A certificate signed by an authorised representative of the LESSOR stating the amount of the costs aforementioned (or the anticipated costs to be incurred), shall be prima facie proof of the amount due and payable by the LESSEE to the LESSOR. This provision shall not in any items which are way prejudice the responsibility of Lessor LESSOR’s rights pursuant to Paragraph 9(b) sub-clause 13.3 below.
b. During 13.3 If the TermLESSOR is prevented from letting the PREMISES due to the fact that repairs are being done to the PREMISES in terms of sub-clause 13.2, Lessor the LESSEE shall, not withstanding termination of this AGREEMENT, pay to the LESSOR an amount equal to the monthly rental and other monies (e.g. increase in rates and taxes, sanitation fees, etc.) which the LESSEE would have had to pay to the LESSOR had this AGREEMENT not been cancelled, multiplied with the period expressed in months during which the LESSOR is prevented from letting the PREMISES as a result of the work and repairs being done to the PREMISES.
13.4 The LESSEE shall maintainnot without the LESSOR’s prior written consent being had and obtained, in good operating condition which consent shall not be unreasonably withheld, bring any safe or other unusually heavy object onto the PREMISES and the LESSEE shall be responsible for the repair, to the structural elements satisfaction of the Building LESSOR, of any damage to the PREMISES or to the BUILDING, caused by such heavy objects.
13.5 The LESSEE shall at all times during the LEASE PERIOD keep and maintain in proper order and condition all lamps and fittings for electric light and power. Air-conditioning and ventilation fitted in the Premisesleased PREMISES will also be maintained by the LESSEE.
13.6 For the duration of the Lease the LESSOR shall not be liable for, and all Building systems (includingwhether wholly or in part, but not limited the replacement of, or repairs to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect floor covering in the above within thirty (30) daysPREMISES. The LESSEE shall be liable for the cost of replacement of, or such shorter period as may be required repairs to the floor covering, power and telephone outlets, defective fluorescent tubes, electric bulbs, starters and choking coils, broken or cracked partitions, plate glass, window frames and door panels, ventilation louvres and any other item supplied by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, LESSOR in which case Lessor shall cure or on the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergencyPREMISES.
c. Subject 13.7 The LESSEE shall not without the LESSOR’s prior consent being obtained, which consent shall not be unreasonably withheld, effect any repairs or permit repairs to be effected to the PREMISES and/or replace any equipment for which he is liable in terms of this provision, upon request clause. The LESSOR shall decide whether the LESSOR or the LESSEE or another party shall effect the repairs or replacement and shall determine the conditions which shall apply to the repair work and/or replacement. The repair work and/or replacement shall be executed to the satisfaction of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work LESSOR at the Property or in reasonable expense of the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:LESSEE.
i. 13.8 The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor LESSEE shall not expand or otherwise modify change the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have colour scheme of the PREMISES without the prior written consent of the LESSOR being had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorobtained.
Appears in 1 contract
Maintenance. a. During Lessee shall make all repairs to the TermPremises, Lessee will maintain the non-structural portions including repairs to and replacement of, if necessary, air conditioners and heating units, plumbing and electrical fixtures, roof, floors and walls, doors, locks and windows, maintenance of the Premises sidewalks, driveways, parking areas and other areas of the Property including grass and landscape maintenance and snow removal, as well as all repairs and replacement, if necessary, of any nature to any part of the Building necessitated by the use, act or neglect of Lessee. Lessee shall be responsible to develop and to implement a program of regular inspection and maintenance as required of the plumbing and electrical fixtures that is satisfactory to Lessor. Lessee shall be responsible for all HVAC equipment maintenance and will contract with a reputable firm in good conditionthe area for such purpose, reasonable wear such firm to he mutually satisfactory to Lessor and tear and casualty damage excepted, but excluding any items which are Lessee. Lessee shall obtain the responsibility written consent of Lessor pursuant prior to Paragraph 9(b) below.
b. During making any repairs to the Termroof, Lessor shall maintain, in good operating condition and repair, the walls or other structural elements of the Building and the Premisesbuilding, except in case of emergency repairs required to prevent property loss or personal injury, in which case, Lessee shall promptly notify Lessor of such repairs, and all Building systems (including, but not limited to, Lessor shall have the foundations, exterior walls, structural condition right to inspect such repairs to insure that they are performed properly and to require correction by Lessee if necessary. The Pittsburgh Technology Center Association shall assume responsibility for maintenance of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkwaysthe sidewalks, driveways, landscaping, fences, signs and utility systems serving the common areas), the common parking areas and other areas of the GeneratorProperty including grass and landscape maintenance and snow removal, and the employees and agents of the Association shall have access to the Property for said purposes. Lessor shall repair any defect in To the above within thirty (30) daysextent the Association performs said maintenance, Lessee is relieved of doing so. If Lessee refuses or neglects to make such repairs, or such shorter period as may be required by any governmental authority having jurisdictionfails to diligently prosecute the same to completion, after receipt of written notice from Lessee describing such defectLessor of the need therefor, unless and after the defect constitutes an expiration of a reasonable time thereafter in which to make the same, except in the event of emergency, in which case Lessor shall no notice and cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof period shall be payable by required, Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but the expense of Lessee and such expense shall be collectible as Additional Rent with interest thereon at the Late Rate. Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to keep the terms property and the exterior and interior of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until an orderly, clean and safe condition, and shall provide for its own janitorial services and rubbish disposal. Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at will keep the Premises is not interrupted or diminished during in such condition as the Relocation Board of Health and Lessee is allowed, if necessary, the Board of Fire Underwriters having authority in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessormatters may lawfully require.
Appears in 1 contract
Sources: Lease (Ansaldo Signal Nv)
Maintenance. a. During LANDLORD agrees to perform any maintenance or structural repairs that are needed to the TermUNIT. TENANT agrees to keep the UNIT clean, Lessee will maintain the non-structural portions neat and safe. LANDLORD shall act with customary due diligence to:
a) keep Common Areas of the Premises in good conditionPROPERTY (but not the UNIT, reasonable wear and tear and casualty damage excepted, but excluding any items which are shall be the responsibility of Lessor pursuant TENANT) reasonably clean;
b) maintain fixtures, furniture, hot water, heating, and A/C equipment;
c) substantially comply with applicable federal, state, and local laws regarding safety, sanitation, and fair housing; and
d) make all reasonable repairs, subject to Paragraph 9(b) below.
b. During TENANT’S obligation to pay for damages for which TENANT is liable. LANDLORD may temporarily turn off equipment and/or interrupt utilities to the TermUNIT and/or the PROPERTY to avoid property damage or to perform work requiring such interruption as determined in LANDLORD’S sole judgment. LANDLORD will not be liable for any inconvenience, Lessor shall maintaindiscomfort, in good operating condition disruptions or interference with TENANT’S or OCCUPANT’S use of the PROPERTY because LANDLORD is making repairs, alterations or improvements to the UNIT or the PROPERTY. If TENANT or OCCUPANT requests any repairs, and repairLANDLORD approves such request, the structural elements repairs will be done during LANDLORD’S usual working hours unless TENANT or OCCUPANT requests in writing that such repairs be done during other hours and such request is approved by LANDLORD. If LANDLORD approves such request, TENANT will have to pay in advance any additional charges resulting from such request. TENANT agrees to take reasonable steps in order to prevent or minimize the growth of mold and mildew within the Building UNIT. To prevent or minimize the occurrence and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition growth of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect mold in the above within thirty (30) daysUNIT, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless TENANT hereby agrees to the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of following:
(i) ten percent (10%) per annum, or TENANT is responsible for replacing the HVAC filter at least four times during the TERM at TENANT’S expense. TENANT may purchase filters from LANDLORD at a cost of $5.00 each.
(ii) TENANT shall (A) remove any visible moisture accumulation in or on the highest rate permitted by applicable LawsUNIT, orincluding on walls, windows, floors, ceilings, and bathroom fixtures, (B) mop up spills and thoroughly dry affected area as soon as possible after occurrence, (C) use exhaust fans in the kitchen and bathroom(s) when necessary, and (D) keep climate and moisture in the UNIT at Lessee’s option. In reasonable levels.
(iii) TENANT shall clean and dust the event of an emergencyUNIT regularly, Lesseeand shall keep the UNIT, at its optionparticularly the kitchen and bathroom(s), may make such repairs at Lessor’s expense, before giving any written notice, but Lessee clean and dry.
(iv) TENANT shall promptly notify Lessor LANDLORD in writing within three of the presence of any of the following conditions:
(3A) business days following such emergencyAny water leak, excessive moisture, or standing water inside the UNIT or any Common Area.
c. Subject (B) Mold or mildew growth in or on the UNIT that persists after TENANT has tried to remove it with an appropriate household cleaning solution, such as Lysol or Pine-Sol disinfectants, Tilex Mildew Remover, or Clorox, or a combination of water and bleach.
(C) A malfunction in any part of the heating or air-conditioning system in the UNIT. TENANT shall be liable to LANDLORD for damages sustained to the UNIT or the PROPERTY as a result of TENANT’S failure to comply with the terms of this provisionParagraph 26, upon request and LANDLORD shall not be liable for any damages sustained to TENANT’S, OCCUPANT’S or TENANT’S Guests’ person or property as a result of any such failure. TENANT is responsible for all pest control, except that LANDLORD shall provide an initial pest control treatment if the need for such treatment is reported to LANDLORD in writing within ten days after move-in. If LANDLORD incurs the cost of pest control in the UNIT or the PROPERTY as a result of the Lessoractions or inactions of any tenant in the UNIT, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on all tenants in the Property, hereinafter referred to as a “Relocation,” UNIT shall be responsible for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorcost thereof.
Appears in 1 contract
Sources: Residential Lease Agreement
Maintenance. a. During 22.1 Notwithstanding any additional maintenance obligations that may be imposed on the Term, Lessee will in this Lease Agreement (including any schedule to this Lease Agreement):
22.1.1 the Lessee shall keep and maintain the non-structural portions of the Leased Premises in good order and condition at its own cost to the satisfaction of the Lessor and, upon expiration or earlier termination of this Lease Agreement, shall deliver the Leased Premises to the Lessor in a good order and condition, reasonable fair wear and tear excepted;
22.1.2 the Lessee shall exercise reasonable care to prevent any blockage of sewers, water pipes or drains in, on or used in connection with the Leased Premises and casualty damage exceptedshall remove at its own cost any obstruction or blockage in any sewer, but excluding any items which are water pipe or drain serving the responsibility of Lessor pursuant to Paragraph 9(b) below.Leased Premises exclusively and, where necessary, repair the sewer, water pipe or drain concerned;
b. During 22.1.3 in the Term, Lessor shall maintain, in good operating condition and repair, the structural elements event of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose Lessee’s failure to replace or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall make good or repair any defect item for which it is responsible in the above within thirty terms of this Lease Agreement and if it remains in default for a period of 7 (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5seven) days after receipt of notice. If written notice has been made or given by the Lessor fails calling upon it to replace or make good or repair such repairsitem, Lessee may do so, and the reasonable cost thereof Lessor shall be payable by Lessor entitled, without prejudice to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annumany other rights, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation enter upon the following terms Leased Premises and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for replace or make good or repair such items at the Lessee’s use, in Lessee’s reasonable determinationcost;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building 22.1.4 in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocationburglary or attempted burglary on the Leased Premises, upon the completion Lessee shall at its own cost arrange for the repair of any maintenancedamage to the Leased Premises caused by such burglary or attempted burglary to the satisfaction of the Lessor;
22.1.5 in the event that the Lessee causes any damage to the Leased Premises (including any Improvement) the Lessee shall, repair or similar work by within 48 (forty eight) hours of it becoming aware of such damage, report such damage to the Lessor, Lessee is permitted in order to return enable the Lessor to its original location seek recourse from the temporary location relevant insurer. Notwithstanding the Lessee’s compliance with all reasonable costs this clause 22.1.5, the Lessee shall be responsible for the same being paid by Lessorpayment of any excess amount that may be applicable at the time of the occurrence that resulted in such damage; and
vi. In 22.1.6 in the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment that any civil and/or electrical maintenance is required to be undertaken at the new location Leased Premises, the Lessee shall, at its own cost, procure that such maintenance shall be performed by suitably qualified and registered specialists, to the satisfaction of the Lessor;.
22.2 The Lessor shall, subject to the provisions of clause 43 below, remain responsible for all structural repairs required to be effected to the Leased Premises and for the maintenance and upkeep of all Common Areas and/or Surrounding Property. It is operationalexpressly provided that (notwithstanding the aforegoing) all structural repairs required to be effected by reason of:
22.2.1 the failure by the Lessee to comply with its maintenance obligations in terms of this clause 22; or
22.2.2 the improper use of the Leased Premises by the Lessee; or
22.2.3 damage caused by the Lessee and/or third parties, any reasonable costs associated with removing or restoring shall be the original location responsibility of and shall be paid for by Lessorthe Lessee.
Appears in 1 contract
Sources: Lease Agreement
Maintenance. a. During the Term, Lessee will The TOWN may maintain the non-structural portions Property in such condition and repair as the TOWN, in its sole discretion, shall desire. The TOWN has no obligation to maintain the Property for the benefit of METRO. METRO, at its sole cost and expense, shall be required to maintain and repair the Premises Shelter in good condition, reasonable wear and tear and casualty damage exceptedworking order. Such maintenance shall include, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but may not be limited to, periodic cleaning generally and removal of litter and other debris from the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas Shelter and the Generatorarea immediately surrounding the Shelter. Lessor Maintenance shall also include removal of graffiti and removal and treatment of snow and ice inside and on the exterior of the Shelter. It shall be the sole responsibility of METRO to ensure that the cleaning, maintenance and repair obligations set forth herein are met; provided, however, that the TOWN may report to METRO when it becomes aware that any defect cleaning, maintenance or repair obligations as set forth in this Paragraph have not been met. In the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless event that METRO fails to maintain and repair the defect constitutes an emergency, Shelter in which case Lessor shall cure the defect as quickly as possible, but not later than good working order for five (5) days after receipt the TOWN delivers written notice to METRO of notice. If Lessor fails to make the need for such repairscleaning, Lessee maintenance or repair, the TOWN may do soundertake work on the Shelter, and the reasonable cost thereof shall be payable by Lessor deliver to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on METRO a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for cleaning, maintenance or repair costs, and in connection with relocating Lessee’s equipment within fifteen (15) days after receipt of such ▇▇▇▇ for such costs, METRO shall pay to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving TOWN the Relocation so that it is fully compatible for the Lessee’s use, costs set forth in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. such ▇▇▇▇▇▇’s use at . Regular repair and maintenance work must be (i) performed in good and workmanlike order by licensed (as applicable) and insured professionals, (ii) conducted between the Premises is not interrupted hours of 9:00 AM and 4:00 PM on weekdays and from 9:00 AM to 5:00 PM on weekends, unless otherwise agreed to by the TOWN in advance, (iii) completed to equal or diminished during the Relocation better than existing standards, and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation (iv) completed promptly after commencement. Any and all contractors performing work on the Property during any shall carry general liability insurance in amounts of not less than $400,000 and name the TOWN as an additional insured. Said contractors shall provide certificates of insurance to the TOWN prior to performing such Relocation;
v. In work. METRO shall provide the event TOWN with advance notice whenever it intends to access the Property for purposes of a temporary Relocationcleaning, upon maintenance or repair. Notification hereunder may be done by telephone or email to such person as may be designated by the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by LessorTOWN.
Appears in 1 contract
Sources: License Agreement
Maintenance. a. During the Term, Lessee will maintain the non-structural portions of the Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇▇▇ agrees to relocate its do any maintenance or structure repairs that are needed to the UNIT. TENANT agrees to keep the UNIT clean, neat and safe. LANDLORD shall act with customary due diligence to:
(a) keep common areas reasonably clean;
(b) maintain fixtures, furniture, hot water, heating, and A/C equipment;
(c) substantially comply with applicable federal, state, and local laws regarding safety, sanitation, and fair housing; and
(d) make all reasonable repairs, subject to TENANT’S obligation to pay for damages for which TENANT is liable. LANDLORD may temporarily turn off equipment on a temporary and/or interrupt utilities to TENANT’S UNIT, TENANT’S Building and/or the PROPERTY to avoid property damage or permanent basis to another location on perform work requiring such interruption as determined in LANDLORD’S sole judgment. LANDLORD will not be liable for any inconvenience, discomfort, disruptions or interference with TENANT’S use of the PropertyPROPERTY because LANDLORD is making repairs, hereinafter referred alterations or improvements to as a “Relocation,” for the purpose of (i) PROPERTY, the UNIT, the Building or the PROPERTY. If TENANT requests any repairs, and LANDLORD approves such request, the repairs will be done during LANDLORD’S usual working hours unless TENANT requests in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or writing that such repairs be done during other hours. If LANDLORD approves such request TENANT will have to pay in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation advance any additional charges resulting from such request. TENANT agrees to take reasonable steps in order to prevent or minimize the growth of mold and mildew within the UNIT. To prevent or minimize the occurrence and growth of mold in the UNIT, TENANT hereby agrees to the following: TENANT is responsible for replacing the HVAC filter at least four times during the lease TERM at TENANT’S expense. TENANTs may purchase filters from LANDLORD at cost of $5.00 each. TENANT shall (a) remove any visible moisture accumulation in or on the UNIT, including on walls, windows, floors, ceilings, and bathroom fixtures, (b) mop up spills and thoroughly dry affected area as soon as possible after occurrence, (c) use exhaust fans in kitchen and bathroom when necessary, and (d) keep climate and moisture in the UNIT at reasonable levels. TENANT shall clean and dust the UNIT regularly, and shall keep the UNIT, particularly the kitchen and bath, clean and dry. TENANT shall promptly notify LANDLORD in writing of the presence of any of the following conditions: A water leak, excessive moisture, or standing water inside the UNIT or any Common Areas. Mold or mildew growth in or on the UNIT that persists after TENANT has tried to remove it with household cleaning solution, such as Lysol or Pine-Sol disinfectants, Tilex Mildew Remover, or Clorox, or a combination of water and bleach. A malfunction in any part of the heating, air-conditioning, or ventilation system in the UNIT. TENANT shall be liable to LANDLORD for damages sustained to the UNIT or to TENANT’S person or property as a result of TENANT’S failure to comply with any requirement the terms of Federal, State this Section 26. If LANDLORD incurs the cost of pest control in TENANTS UNIT or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In the PROPERTY as a result of TENANT’S actions all cases, ▇▇▇▇▇▇ TENANTS in the UNIT shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible be responsible for the Lessee’s use, cost. TENANT is responsible for all pest control in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) its UNIT except for any treatments reported to LANDLORD within 10 days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorafter move-in.
Appears in 1 contract
Sources: Residential Lease Agreement
Maintenance. a. During Tenant shall, throughout the Termterm of this Lease, Lessee will maintain 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 in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are as well as the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements 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, and all Building systems (including, including but not limited to, plumbing, electrical and lighting systems (including the foundations, exterior walls, structural condition purchase and replacement of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areaslight bulbs), located within the common areas and the GeneratorDemised Premises. Lessor shall repair Tenant agrees to give prompt notice of any defect defective condition in the above within thirty (30) days, or such shorter period as Demised Premises for which Landlord may be required 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 governmental authority having jurisdictionportion of the Demised Premises or in and to the fixtures, after receipt of written notice from Lessee describing such defectappurtenances or equipment thereof, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make provided Landlord is prosecuting such repairs, Lessee may do soalterations, and the additions or improvements with reasonable cost thereof diligence. It is specifically agreed that Tenant shall not be payable entitled to any set off or reduction of rent by Lessor to Lessee on demand together with interest thereon from the date reason of payment at the greater any failure of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order Landlord to comply with the covenants of this or any requirement other article of Federalthis Lease. Tenant agrees that Tenant’s sole remedy at law in such instance will be by way of an action for damages for breach of contract. Upon the expiration or other termination of the term of this Lease, State or Local authorities and/or ensure safeTenant shall quit and surrender to Landlord the Demised Premises, prudent operations at Burlington International Airport. In all casesbroom-clean, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (includinggood order and condition, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocationordinary wear excepted, and that Lessor Tenant shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event remove all of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorproperty.
Appears in 1 contract
Sources: Lease (Curagen Corp)
Maintenance. a. During the Term, Lessee except as provided below, Provider will maintain be responsible for the non-structural portions condition, operation, repairs, replacements, maintenance and management of the Premises Premises, including all Technical Infrastructure, except to the extent caused by Epsilon, any Epsilon Representative or the Equipment. All repairs shall be completed in good conditiona prompt and workmanlike manner. However, reasonable wear should Provider not make repairs in a prompt and tear and casualty damage exceptedworkmanlike manner resulting in a material impact to Epsilon’s operations, but excluding Epsilon shall have the right to complete any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and necessary repair, the structural elements of the Building and without harming any other tenant in the Premises, 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 architecture of the Premises and agrees to comply with the provisions of this Agreement related to Epsilon contractors. All such repairs shall be performed in a diligent, competent and workmanlike manner and in a manner which will not impair the proper functioning of the Data Hall or Premises or void any manufacturers or installation warranties of equipment in the Premises. The provision of all Building systems (including, but not limited to, maintenance services performed pursuant to this subsection shall be provided at no charge to Epsilon. Provider shall maintain the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe Premises and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs Technical Infrastructure in efficient working order and utility systems serving the common areas), the common areas in accordance with its written maintenance standards and the Generator. Lessor Customer Support Guide as developed from the outline attached as Exhibit E. Provider shall repair any defect have sole responsibility, except in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt case of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails Epsilon needing to make such repairsrepairs as noted above, Lessee 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 do sonot comply with the specifications set forth in Exhibit B, and the reasonable cost thereof provided that a plan shall be payable developed along with Epsilon, which addresses ways to minimize disruption to the services provided by Lessor Epsilon to Lessee on demand together with interest thereon from its customers.
b. Provider will clean and carry out normal maintenance in the date 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 payment the Equipment including the building, maintenance and repair of the cages. Epsilon at its sole expense shall clean the greater of (i) ten percent (10%) per annumEquipment Space, or (ii) provided that Provider shall retain responsibility for sub-floor cleaning in the highest rate permitted by applicable LawsEquipment Space, or, at Lessee’s optionwhich it shall perform annually. In the event of an emergencyEpsilon desires to use a janitorial service or other similar contractor in the Equipment Space, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee Epsilon shall notify Lessor use a vendor approved in writing within three (3) business days following by Provider, such emergencyapproval not to be unreasonably withheld.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessor.
Appears in 1 contract
Maintenance. a. During (i) Tenant acknowledges that it has received the Term, Lessee will maintain the non-structural portions of the Demised Premises in good condition, reasonable wear repair and tear appearance. Tenant agrees that, at its expense, it shall keep and casualty damage exceptedmaintain the Demised Premises, but excluding including any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Termaltered, Lessor shall maintainrebuilt, additional or substituted buildings, roofs, structures and other improvements thereto, in good operating condition repair and repairappearance, the structural elements except for ordinary wear and tear. Tenant shall also make promptly, all foreseen and unforeseen, ordinary and extraordinary changes and repairs of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as every kind which may be required by to be made to keep and maintain the Demised Premises in such good condition, 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 governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless reciprocal easement or maintenance agreement to which it may at any time be a party or to which the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of noticeDemised Premises are currently subject. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, LesseeTenant shall, at its option, may make such repairs at Lessor’s expense, before giving use its best efforts to enforce compliance with any written noticereciprocal 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, but Lessee Landlord shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject not be required to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenancemaintain, repair or similar work 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 any way. Tenant hereby expressly waives the right to make repairs at the Property or expense of Landlord which may be provided for in the Building, or (ii) any law in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted time of the commencement of the Term or diminished during which may thereafter be enacted. If Tenant shall abandon the Relocation and Lessee is allowedDemised Premises, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location it shall be paid by Lessorgive Landlord immediate notice thereof.
Appears in 1 contract
Sources: Lease (Alpha Technologies Group Inc)
Maintenance. a. During 14.1. Except as otherwise provided in this Article, and the TermArticles titled "Destruction" and "Condemnation," Tenant shall, Lessee will at its sole expense, maintain the non-structural portions of the entire Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, any and all appurtenances thereto wherever located, including the foundations, 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.
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 consideration rendered to Landlord, 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 and Tenant's right to make repairs and deduct the expenses of such repairs from rent.
14.4. Tenant shall, at its sole cost, keep 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 interior bearing wallsthis 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 roof fire sprinkler and/or standpipe and hose surfaces of the Building or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, 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 serving the common areas)systems; personnel to implement such service, including, if Landlord deems necessary, the common areas cost of security guards and/or all costs and expenses pertaining to a security alarm system for the Generator. Lessor shall repair any defect tenants; police and fire protection services; personal property taxes levied on or attributable to personal property owned by Landlord which is consumed in the above within thirty operation or maintenance of the Project Enhancement Areas And Unit Shared Use Areas; depreciation and maintenance on operating machinery and equipment (30if owned) daysand 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 1942 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 shorter period 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 a clean, sanitary, and safe condition in accordance with all Laws.
14.13. Tenant shall, at its own expense, install and maintain such fire extinguishers and other fire protection devices (other than sprinkler systems) as may be required in the Premises from time to time by any governmental authority agency having jurisdiction, after receipt of written notice from Lessee describing such defect, unless jurisdiction and/or by the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in insurance underwriters insuring the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessor.
Appears in 1 contract
Sources: Net Industrial Lease (National Manufacturing Technologies)
Maintenance. a. During To assist in providing an efficient maintenance program, Resident shall adhere to the Termfollowing procedures:
A. Any Resident requesting maintenance should notify Landlord with contact information and explain the problem in detail.
B. If the work is to be done when Resident is not home, Lessee will maintain the non-structural portions of authorize Landlord’s maintenance personnel to enter the Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and Resident’s absence. After entering the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect maintenance personnel will leave a message in the above within thirty (30) daysPremises explaining what has been done, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowedand, if necessary, in Lessee’s reasonable determination, when maintenance will return to place a temporary installation on complete the Property during any such Relocation;job.
v. C. In the event of a temporary RelocationResident schedules an appointment for maintenance work to be done while Resident is present, upon and Resident is not present at the completion Premises at the scheduled time, then Resident will be responsible for reimbursing Landlord for any trip charge billed by the vendor or contractor who was unable to perform the maintenance work requested.
D. Damages caused by or attributable to Resident will be charged to Resident and included as Rent.
E. Resident acknowledges his or her responsibility to maintain the smoke detection alarm and carbon monoxide detector in Resident’s Premises in good and functioning condition and to notify Landlord of any maintenancemalfunction of either device promptly after Resident is aware of same.
F. Maintenance required by Resident: Tenant shall keep the Premises, repair including the Yard (Landscape and Maintenance Boundaries, Exhibit A) clean and sanitary at all times. Tenant shall regularly inspect the Premises as necessary to protect the public from safety hazards, including “trip and fall” or similar work by Lessorslippery obstacles or conditions, Lessee is faulty electrical wiring or connections (including unlawful use of extension cords, bare or broken and exposed wires, etc.) and the like. Tenant shall keep the area up to fifty (50’) feet outside of the Premises’ perimeter clean of rubbish and litter. No offensive materials, debris, support equipment or refuse matter nor any substance constituting any unnecessary, unreasonable or unlawful fire hazard or material detrimental to the public health shall be permitted to return to its original location on or near the Premises. The Tenant shall remove graffiti from the temporary location with all reasonable costs for the same being paid Premises within twenty four (24) hours of discovery by Lessor; and
vi. In the event of a permanent RelocationTenant or Complex, once the Relocation has been completed and Lesseeat Tenant’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorsole expense.
Appears in 1 contract
Sources: Lease Agreement
Maintenance. a. During Repair, Restoration, Prior Liens, Parking. The Mortgagor covenants that, so long as any portion of the TermIndebtedness remains unpaid, Lessee will maintain the non-structural portions Mortgagor will:
(a) promptly repair, restore or rebuild any useful Improvements now or hereafter on the Premises which hereafter may become damaged or destroyed to a condition substantially similar to the condition immediately prior to such damage or destruction, whether or not proceeds of insurance are available or sufficient for the purpose, provided that the Mortgagor shall not hereby be required to repair any existing condition or defect in the Improvements or Building Systems;
(b) keep the Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premiseswithout waste, and all Building systems (includingfree from mechanics’, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose materialmen’s or like liens or claims or other automatic fire extinguishing systemliens or claims for lien (subject to the Mortgagor’s right to contest liens as permitted by the terms of Section 28 hereof) , fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving provided that the common areas), the common areas and the Generator. Lessor Mortgagor shall not hereby be required to repair any existing condition or defect in the above within thirty Improvements or Building Systems;
(30c) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless pay when due the defect constitutes an emergency, Indebtedness in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together accordance with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request the Note and the other Loan Documents and duly perform and observe all of the Lessorterms, covenants and conditions to be observed and performed by the Mortgagor under the Note, this Mortgage and the other Loan Documents;
(d) pay when due any indebtedness which may be secured by a Permitted Exception or other charge on the Premises on a parity with, superior to or inferior to the lien hereof (other than the Subordinate Indebtedness, as such term is defined in that certain Subordination and Intercreditor Agreement dated as of even date (the “Subordination and Intercreditor Agreement”) among ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at , ▇▇▇▇ ▇. ▇▇▇▇▇▇ and the Premises is not interrupted or diminished during the Relocation and Lessee is allowedMortgagee, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location which Subordinate Indebtedness shall be paid by Lessorthe Mortgagor, or payment thereon deferred, only in accordance with the terms of the Subordination and Intercreditor Agreement), and upon request exhibit satisfactory evidence of the discharge of such lien to the Mortgagee (subject to the Mortgagor’s right to contest liens as permitted by the terms of Section 28 hereof);
(e) complete within a reasonable time any Improvements now or at any time in the process of erection upon the Premises;
(f) comply in all material respects with all requirements of law, municipal ordinances or restrictions and covenants of record with respect to the Premises and the use thereof;
(g) obtain and maintain in full force and effect, and abide by and satisfy the material terms and conditions of, all material permits, licenses, registrations and other authorizations with or granted by any governmental authorities that may be required from time to time with respect to the performance of its obligations under this Mortgage;
(h) make no material alterations in the Premises or demolish any material portion of the Premises without the Mortgagee’s prior written consent, except as required by law or municipal ordinance;
(i) suffer or permit no material change in the use or general nature of the occupancy of the Premises, without the Mortgagee’s prior written consent;
(j) pay when due all operating costs of the Premises;
(k) not initiate or acquiesce in any zoning reclassification with respect to the Premises, without the Mortgagee’s prior written consent;
(l) provide and thereafter maintain the existing parking areas for the Premises as may be required by law, ordinance or regulation (whichever may be greater), together with any driveways and other areas for ingress, egress and right-of-way to and from the adjacent public thoroughfares necessary for the use thereof; and
(m) comply, and cause the Premises at all times to be operated in compliance, in all material respects with all applicable federal, state, local and municipal environmental, health and safety laws, statutes, ordinances, rules and regulations.
Appears in 1 contract
Maintenance. a. During 8.1 The Lessor or any maintenance agency appointed by the Term, Lessee will maintain the non-structural portions of the Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, provide maintenance services in good operating condition and repair, the structural elements respect of the Building and the Premisesdescription of the maintenance services to be provided by the Lessor is more fully detailed in Annexure—V herein (“Maintenance Services”).
8.2 The Lessee agrees to pay a charge towards the Maintenance Services (“Maintenance Charges”) either to the Lessor or the maintenance agency (“Maintenance Agency”) appointed by the Lessor to provide Maintenance Services from the Rent Commencement Date.
8.3 Maintenance Charges shall be paid by the Lessee on actuals subject to the Lessor providing evidence of the same. The monthly Maintenance Charges are currently estimated at Rs. 6.50/- (Rupees Six and Fifty Paise Only) per square foot of the super built-up area of the Office Premises (plus applicable service taxes) per month and is subject to revision, and which revision shall be common to all Building systems (including, but not limited to, occupants/tenants of the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the GeneratorBuilding. Lessor Maintenance Charges shall repair any defect in the above within thirty (30) days, or be paid to such shorter period Maintenance Agency as may be required by any governmental authority having jurisdiction, after the Lessor.
8.4 The Maintenance Charges shall be paid monthly in advance within 7 (seven) days of receipt of written notice from invoice by the Lessee.
8.5 The Maintenance Charges shall be annually reviewed jointly by the Parties. The Lessee describing such defectreserves the right to inspect as to how the Maintenance Charges have been computed. For this purpose, unless the defect constitutes an emergency, in which case Lessor shall cure maintain the defect as quickly as possible, but not later than five (5) days after receipt books of notice. If Lessor fails to make such repairs, accounts on an open book Basis and Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject provided access to the terms of this provision, upon request necessary books and records of the Lessormaintenance contractor or sub-contractor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on whenever required. Any revision in Maintenance Charges as stipulated after review by the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location Parties shall be paid by Lessorthe Lessee. The revised Maintenance Charges shall also be referred to as ‘Maintenance Charges’.
8.6 Notwithstanding anything stated hereinabove, the Lessor agrees that the Maintenance Charges payable by the Lessee during the Term of the lease shall not be more than the Maintenance Charges being charged by the Lessor to other occupants/tenants of the Building for providing Maintenance Services.
8.7 It is clarified that the breach of the obligation to provide Maintenance Services by the Maintenance Agency in providing the Maintenance Services shall be treated as material breach of this Deed by the Lessee.
Appears in 1 contract
Sources: Lease Agreement (Amber Road, Inc.)
Maintenance. a. During LANDLORD agrees to do any maintenance or structure repairs that are needed to the TermUNIT. TENANT agrees to keep the UNIT clean, Lessee will maintain the non-structural portions neat and safe. LANDLORD shall act with customary due diligence to:
(a) keep Common Areas of the Premises in good conditionPROPERTY (but not the UNIT, reasonable wear and tear and casualty damage excepted, but excluding any items which are shall be the responsibility of Lessor pursuant the TENANT) reasonably clean;
(b) maintain fixtures, furniture, hot water, heating, and A/C equipment;
(c) substantially comply with applicable federal, state, and local laws regarding safety, sanitation, and fair housing; and
(d) make all reasonable repairs, subject to Paragraph 9(b) below.
b. During TENANT’S obligation to pay for damages for which TENANT is liable. LANDLORD may temporarily turn off equipment and/or interrupt utilities to the TermUNIT, Lessor shall maintainand/or the PROPERTY to avoid property damage or to perform work requiring such interruption as determined in LANDLORD’s sole judgment. LANDLORD will not be liable for any inconvenience, in good operating condition discomfort, disruptions or interference with TENANT’s use of the PROPERTY because LANDLORD is making repairs, alterations or improvements to the UNIT or the PROPERTY. If TENANT requests any repairs, and repairLANDLORD approves such request, the structural elements repairs will be done during LANDLORD’s usual working hours unless TENANT requests in writing that such repairs be done during other hours and such request is approved by LANDLORD. If LANDLORD approves such request TENANT will have to pay in advance any additional charges resulting from such request. TENANT agrees to take reasonable steps in order to prevent or minimize the growth of mold and mildew within the UNIT. To prevent or minimize the occurrence and growth of mold or mildew in the UNIT, TENANT hereby agrees to the following: TENANT is responsible for replacing the HVAC filter at least four times during the lease TERM at TENANT’s expense. TENANT may purchase filters from LANDLORD at a cost of $5.00 each. TENANT shall (a) remove any visible moisture accumulation in or on the UNIT, including on walls, windows, floors, ceilings, and bathroom fixtures, (b) mop up spills and thoroughly dry affected area as soon as possible after occurrence, (c) use exhaust fans in kitchen and bathroom when necessary, and (d) keep climate and moisture in the UNIT at reasonable levels. TENANT shall clean and dust the UNIT regularly, and shall keep the UNIT, particularly the kitchen and bath, clean and dry. Any water leak, excessive moisture, or standing water inside the UNIT or any Common Areas. Mold or mildew growth in or on the UNIT that persists after TENANT has tried to remove it with an appropriate household cleaning solution, such as Lysol or Pine-Sol disinfectants, Tilex Mildew Remover, or Clorox, or a combination of water and bleach. A malfunction in any part of the Building and the Premisesheating, and all Building systems (includingair-conditioning, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect ventilation system in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of noticeUNIT. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof TENANT shall be payable by Lessor liable to Lessee on demand together LANDLORD for damages sustained to the UNIT or the PROPERTY as a result of TENANT’s failure to comply with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provisionsection, upon request and LANDLORD shall not be liable for any damages sustained to TENANT’s person or property as a result of any such failure TENANT is responsible for all pest control, except that LANDLORD shall provide an initial pest control treatment if the need for such treatment is reported to LANDLORD in writing within 10 days after move-in. If LANDLORD incurs the cost of pest control in the UNIT or the PROPERTY as a result of the Lessoractions or inactions of any tenant in the UNIT, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on all tenants in the Property, hereinafter referred to as a “Relocation,” UNIT shall be responsible for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorcost thereof.
Appears in 1 contract
Sources: Residential Lease Agreement
Maintenance. a. During the TermTenant shall, Lessee will at Tenant's expense, keep and maintain the non-structural portions Wireless Facilities in commercially reasonable condition and repair during the term of the Premises in good conditionSLA, reasonable wear and tear and casualty damage from elements excepted, but excluding and, upon termination, shall remove the Wireless Facilities and repair any items which are damage caused by such removal. Landlord retains the responsibility right to inspect the property and Wireless Facilities of Lessor pursuant Tenant upon giving reasonable notice to Paragraph 9(bTenant during the term of the SLA and to enter the Premises (accompanied, at Tenant's option, by a representative of Tenant) below.
b. During for the Term, Lessor shall maintain, purposes of such inspection. In the event that Landlord determines in good operating condition and repair, the structural elements of the Building faith that Tenant has not maintained Tenant's property and the PremisesWireless Facilities in good order and repair according to industry standards, including applicable Law, Landlord shall so notify Tenant in writing, specifying the maintenance and all Building systems (including, but not limited to, repairs required to be performed by Tenant. In the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above event that within thirty (30) days, or days following such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing Tenant shall not have performed such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such maintenance and repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, LesseeLandlord may, at its sole option, may make such repairs at Lessor’s expenseas it deems reasonably necessary and any actual, before giving any written noticereasonable, but Lessee out-of-pocket amounts expended by Landlord therefor shall notify Lessor in writing be reimbursed to Landlord by Tenant within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor of Landlord's demand therefor. Landlord shall not expand be liable for inconvenience, disturbance, loss of business or otherwise modify other damage to Tenant by reason of repairing the Building in a manner that is adverse property and Wireless Facilities of Tenant which Tenant has failed to Lessee’s communications facility until Lessee properly maintain. Landlord shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at maintain and repair its Improvements on the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessarySite, in Lessee’s commercially reasonable determinationcondition and repair, reasonable wear and tear and damage from the elements excepted. No work shall be done by Landlord (or any third party under Landlord's control) that could reasonably be expected to place a temporary installation on adversely impact the Property during 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 such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessoradverse impact.
Appears in 1 contract
Sources: Master Lease Agreement (Dobson Communications Corp)
Maintenance. a. During Tenant shall, during the Termterm of this Lease, Lessee keep said Premises and appurtenances (including all appliances and facilities, doors and doorways, windows, window frames, plate glass, and the heating and air conditioning system) in good order and condition and will make or pay for its proportionate share of all necessary repairs thereto, and further, with respect to the heating and air conditioning system, while Landlord will make available to Tenant any warranties with respect to said equipment which Landlord receives, Tenant will be responsible at the expiration of the warranty period, if any, for maintaining a maintenance contract on said equipment with a heating/air conditioning contractor acceptable to Landlord. While Tenant is responsible for keeping its Premises in good order and repair, Landlord specifically agrees that it will make any necessary repairs to the exterior walls of the building of which the Premises are a part and to the roof of said building, and further, that Landlord will maintain the non-structural portions plumbing and electrical systems serving said building to the point of entry into the Premises, after being notified of the need for such repairs by Tenant, and provided that none of the required repairs have been caused by the negligent act or omission of Tenant, its employees or agents. Landlord may enter the Tenant's Premises at all reasonable times to make repairs required hereunder, or to inspect the Premises in order to ascertain that Tenant is carrying out its obligations with respect to maintenance/repair. Tenant will also not obstruct any walkways made available to it. The Tenant will, at the expiration of the term or at the sooner termination thereof by any forfeiture or otherwise, deliver up the Premises in the same good conditionorder and condition as they were at the beginning of the tenancy, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessor.
Appears in 1 contract
Sources: Lease Agreement (Avesis Inc)
Maintenance. a. During Notwithstanding anything to the Termcontrary contained in the Lease, Lessee will maintain the non-structural portions as of the date of this Fourth Amendment, the maintenance and repair obligations for the Premises in good condition, reasonable wear shall be allocated between Landlord and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor Tenant as set forth on Exhibit B attached hereto. The maintenance obligations allocated to Tenant pursuant to Paragraph 9(bExhibit B (the “Tenant Maintenance Obligations”) below.
b. During shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the Term, Lessor shall maintainprocurement and maintenance of contracts, in good operating condition form and repairsubstance 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 respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the structural elements scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the Building and applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in the Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall 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 all Building systems (includingLandlord 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 for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of the Lease, Landlord shall have the right, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determinationobligation, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location provide Tenant with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessor.written
Appears in 1 contract
Maintenance. a. During the TermREPAIRS, Lessee will REPLACEMENTS, ADDITIONS, ALTERATIONS, INSTALLATIONS
15.1 The Tenant shall, at its own cost and expense, keep and maintain the non-structural portions of 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 wear notice, to enter and tear examine the state of repair, maintenance, and casualty damage excepted, but excluding any items order of the Premises. The Landlord may give notice to the Tenant requiring that the Tenant perform all maintenance and effect all repairs and replacements to which are the responsibility of Lessor it is obliged pursuant to Paragraph 9(b) belowthe terms hereof. Failure of the Landlord to give such notice shall not, however, relieve the Tenant from its obligations under section 14.
b. During 1. In the Termevent that the Tenant fails to commence such maintenance, Lessor shall maintainrepairs, in good operating condition or replacements within fifteen (15) days of the Landlord's notice and repairto complete the same with reasonable diligence, the structural elements of Landlord shall have the Building and the Premises, and all Building systems (includingright, but not limited tothe obligation, to elect, at its sole discretion, to cause the foundationsrepairs, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) daysmaintenance, or such shorter period as may replacements to be required by any governmental authority having jurisdictionundertaken, after receipt of written notice from Lessee describing such defectand to charge the Tenant thereof, unless acting reasonably. Notwithstanding the defect constitutes an emergencyforegoing, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written noticethe Landlord shall have the immediate right, but Lessee shall notify Lessor in writing within three (3) business days following not the obligation, without prior notice to the Tenant, to cause such emergencyrepairs, maintenance, or replacements to be undertaken, and to charge the Tenant thereof acting reasonably.
c. Subject 15.3 The Tenant shall not make additions, installations, alterations, improvements, changes or additions to the terms of this provision, upon request Premises or any part thereof (collectively the "Improvements") without prior written consent of the LessorLandlord, ▇▇▇▇▇▇ agrees which shall not be unreasonably withheld. As a condition precedent to relocate its equipment on a temporary or permanent basis obtaining the Landlord's consent, the Tenant shall submit to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditionsLandlord:
i. The Relocation is similar 15.3.1 the plans and specifications relating to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determinationthe Improvements;
ii. Lessor pays 15.3.2 all reasonable costs incurred by ▇▇▇▇▇▇ for necessary permits from the appropriate public authorities;
15.3.3 the name of its contractor and in connection with relocating Lessee’s equipment proof, satisfactory to the Relocation (includingLandlord, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it such contractor is fully compatible for the Lessee’s use, in Lessee’s reasonable determinationadequately insured against risks which a prudent contractor would normally insure against;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessor.
Appears in 1 contract
Sources: Lease (Total Entertainment Inc)
Maintenance. a. During A. Subject to Section 8.B below, Tenant shall keep the TermDemised Premises and the fixtures and equipment therein in clean, Lessee will maintain safe and good operating condition, ordinary wear and tear excepted, and shall at its sole cost and expense, promptly make all repairs and perform all maintenance, in and to the non-structural portions of Demised Premises that are necessary to keep the Demised Premises in good order and repair and in a safe and rentable condition, reasonable ordinary wear and tear and casualty damage excepted, but excluding any Tenant shall not be responsible for maintenance items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required expressly assumed by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to Landlord under the terms of this provision, upon request of Lease or maintaining the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on Demised Premises in a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” manner that is inconsistent with Tenant’s maintenance standards for the purpose of (i) in Demised Premises prior to the case of a temporary relocationEffective Date. In no event shall Landlord or Tenant have any obligation to make any changes, Lessor performing maintenance, repair upgrades or similar work at other improvements to the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation Demised Premises in order to comply with any requirement present or future laws, ordinances, regulations or orders of Federalany governmental authorities having jurisdiction over the Demised Premises, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airportsubject 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 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 by the negligence or willful misconduct of 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 casesother furniture, ▇▇▇▇▇▇ finishes and equipment of Tenant and any Alterations (hereinafter defined) made by Tenant shall only agree be the sole responsibility of Tenant. In the event that Tenant requests that Landlord and/or its agents perform such work and Landlord agrees to a Relocation upon do so, Tenant shall reimburse Landlord promptly for the actual cost of the same.
B. Landlord shall repair and maintain (and replace as necessary, subject to the terms of this Lease) the following terms in good order, condition and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building repair in a manner that is adverse comparable to Lesseethe Building’s communications facility until Lessee shall have had a reasonable opportunity current condition: (a) the base Building systems serving the Demised Premises; (b) the common areas of the Building (including but not limited to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during parking garage); (c) the Relocation foundations, and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on (d) exterior walls and roof of the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
viBuilding. In addition, Landlord shall comply with the event of a permanent Relocation, once the Relocation has been completed operational and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessormaintenance standards and services set forth on Exhibit B attached hereto.
Appears in 1 contract
Sources: Lease Agreement (Intelsat S.A.)
Maintenance. a. During Without limiting Tenant’s maintenance obligations set forth elsewhere in this Lease, Tenant, at its sole cost and expense, shall maintain all of the TermPremises, Lessee will maintain excepting the non-structural portions of Public Improvements, in good order and repair and in a clean, usable, orderly, attractive, safe and sanitary condition at all times and in compliance with the Legal Requirements. Tenant shall make all necessary repairs and replacements to keep the Premises in good conditioncondition and repair and to keep the Tennis Facility as a state of the art facility. Any unsightly or hazardous waste, reasonable wear trash or equipment on the Premises is strictly prohibited. All refuse generated by the operation of the Tennis Facility and tear any other Improvements, excepting the Public Improvements, shall be disposed of in accordance with all Legal Requirements in an expeditious and casualty damage excepteda sanitary manner. All refuse retained on the Premises shall be confined within secured sanitary confines, but excluding any items which are out of public view and maintained in such manner as to prevent noxious or unpleasant odors, and the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor Public Restrooms shall maintain, be kept clean and in good operating condition working order, adequately stocked with soap and repairall 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 structural elements remainder of the Building and 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 Building systems (including, but not limited to, related invoices submitted by the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above County to Tenant for such costs within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater 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 (i) ten percent (10%) per annuman Unavoidable Delay, or (ii) as defined below, then Tenant shall have the highest rate permitted by applicable Lawsright 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, or, at Lessee’s optionguests and invitees. In the event that Tenant exercises its rights of an emergencyrepair of the Access Road pursuant to this Section 5.9, Lessee, at its option, Tenant may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three offset the actual reasonable costs it incurs for the repair from the fifty percent (350%) business days following such emergency.
c. Subject share of the costs that Tenant owes to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” County for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ the County to maintain the Access Road. All of Tenant’s exterior maintenance shall be in accordance with the County’s then current standards. Tenant may propose a general landscaping plan for and in connection with relocating Lessee’s equipment to approval by the Relocation (includingCounty, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor which approval shall not expand be unreasonably withheld, conditioned or otherwise modify delayed. Tenant’s compliance with the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location general landscaping plan shall be paid by Lessordeemed satisfaction of Tenant’s day-to- day landscaping obligations.
Appears in 1 contract
Sources: Ground Lease Agreement
Maintenance. a. During the period between the Commencement Date and ----------- December 31, 1998, Sublessor shall maintain in full force all of Sublessor's existing contracts (as distinguished from contracts entered into by Landlord) with respect to maintenance of the 2831 Building, such as elevator maintenance, HVAC maintenance, life safety systems monitoring, recharging of fire extinguishers, landscape irrigation and the like (and Sublessee shall pay its proportionate share thereof pursuant to paragraph 3(b)(iii)); provided, however, Sublessee agrees that Sublessor shall terminate (as of the Commencement Date) Sublessor's existing contracts for garbage and rubbish removal and for security services (and Sublessee shall procure replacement contracts therefor on or before the Commencement Date). Commencing on January 1, 1999 and continuing throughout the remainder of the Sublease Term, Lessee will Sublessee shall enter into and maintain in full force service contracts covering the nonmaintenance obligations previously performed by Sublessor. During the period commencing on January 1, 1999 and ending on June 30, 1999, Sublessor shall pay to Sublessee twenty-structural five percent (25%) of the costs incurred by Sublessee pursuant to such contracts, which payments shall be made within ten (10) days after Sublessee delivers to Sublessor invoices for the maintenance obligations incurred during such period. During the Sublease Term, each party, at its own cost, shall procure janitorial services for the portions of the Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are 2831 Building occupied by such party. Sublessee shall procure janitorial services for the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repairCafeteria, the structural elements cost of which shall be borne equally by the Building and the Premisesparties, and all Building systems Sublessor shall pay its half thereof to Sublessee within ten (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (3010) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt days of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergencyrequest for payment.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessor.
Appears in 1 contract
Sources: Sublease (Exodus Communications Inc)
Maintenance. a. During 25.1 Owner shall have the Term, Lessee will maintain right to (or cause Contractor to) curtail or temporarily discontinue the non-structural portions operation of the Premises Vessel, in good conditionwhole or in part, reasonable wear in order to carry out planned maintenance or works required due to Change in Law Required Actions only during periods where Charterer is undertaking maintenance on Charterer’s Facilities, and tear Owner shall, and casualty damage exceptedshall procure that Contractor shall, but excluding any items which are use best endeavours to ensure that no curtailment or interruption of the responsibility of Lessor pursuant LNG regasification service shall be required.
25.2 Charterer shall cause to Paragraph 9(b) belowbe provided to Owner as soon as the same become available all planned outage schedules for the relevant Charterer’s Facilities referred to in Clause 25.1.
b. During 25.3 Owner shall adhere to a maintenance programme throughout the TermCharter Period which ensures that the Vessel is repaired and maintained to International Standards and can be operated safely, Lessor effectively and reliably hereunder throughout the Charter Period and Charterer shall maintainprovide all reasonable cooperation to enable Owner to adhere to such maintenance programme, in good operating condition and repairincluding providing access to all parts of the Vessel, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do socargo tanks, and the reasonable cost thereof jetty and access for underwater surveys.
25.4 Owner shall have the right at any time to cause Contractor to undertake maintenance on a continuing basis to ensure that the Vessel is in every way fit for service under this Charter and the OSA, but subject always to the provisions of this Clause 24.3.
25.5 The Vessel will remain on-hire and in-service during any maintenance and:
(a) during any period where Owner is required for purposes of a Class renewal survey or otherwise by applicable Law to take one or more tanks out of service, the warranties in Clauses 15.2, 15.3 and 15.4 shall be payable by Lessor suspended but the warranty in Clause 15.1 shall continue to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessorapply; and
vi. In (b) during any other period of maintenance, all the event warranties in Clause 15 shall continue to apply, provided that, for the avoidance of a permanent Relocationdoubt, once where maintenance or repairs constitute Change in Law Required Actions (including any Implementation Requirements) that are not Applicable Jurisdiction Change in Law Required Actions, Owner shall not be entitled to receive Hire at any time during the Relocation has been completed and Lessee’s equipment at period of such maintenance or repairs but the new location is operational, any reasonable costs associated with removing or restoring Vessel shall not be treated as being Off-Hire (including for the original location shall be paid by Lessorpurposes of Clause 14.3).
Appears in 1 contract
Sources: International Charter Agreement (Hoegh LNG Partners LP)
Maintenance. a. During the Term, Lessee will maintain the non-structural portions of the Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇▇▇ agrees to relocate its do any maintenance or structure repairs that are needed to the UNIT. TENANT agrees to keep the UNIT clean, neat and safe. LANDLORD shall act with customary due diligence to:
(a) keep Common Areas of the PROPERTY (but not the UNIT, which shall be the responsibility of TENANT) reasonably clean;
(b) maintain fixtures, furniture, hot water, heating, and A/C equipment;
(c) substantially comply with applicable federal, state, and local laws regarding safety, sanitation, and fair housing; and
(d) make all reasonable repairs, subject to TENANT’S obligation to pay for damages for which TENANT is liable. LANDLORD may temporarily turn off equipment on a temporary and/or interrupt utilities to the UNIT and/or the PROPERTY to avoid property damage or permanent basis to another location on perform work requiring such interruption as determined in LANDLORD’s sole judgment. LANDLORD will not be liable for any inconvenience, discomfort, disruptions or interference with TENANT’s use of the PropertyPROPERTY because LANDLORD is making repairs, hereinafter referred alterations or improvements to as a “Relocation,” for the purpose of (i) UNIT or the PROPERTY. If TENANT requests any repairs, and LANDLORD approves such request, the repairs will be done during LANDLORD’s usual working hours unless TENANT requests in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or writing that such repairs be done during other hours and such request is approved by LANDLORD. If LANDLORD approves such request TENANT will have to pay in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation advance any additional charges resulting from such request. TENANT agrees to take reasonable steps in order to prevent or minimize the growth of mold and mildew within the UNIT. To prevent or minimize the occurrence and growth of mold in the UNIT, TENANT hereby agrees to the following: TENANT is responsible for replacing the HVAC filter at least four times during the lease TERM at TENANT’s expense. TENANT may purchase filters from LANDLORD at a cost of $5.00 each. TENANT shall (a) remove any visible moisture accumulation in or on the UNIT, including on walls, windows, floors, ceilings, and bathroom fixtures, (b) mop up spills and thoroughly dry affected area as soon as possible after occurrence, (c) use exhaust fans in kitchen and bathroom when necessary, and (d) keep climate and moisture in the UNIT at reasonable levels. TENANT shall clean and dust the UNIT regularly, and shall keep the UNIT, particularly the kitchen and bath, clean and dry. Any water leak, excessive moisture, or standing water inside the UNIT or any Common Areas. Mold or mildew growth in or on the UNIT that persists after TENANT has tried to remove it with an appropriate household cleaning solution, such as Lysol or Pine-Sol disinfectants, Tilex Mildew Remover, or Clorox, or a combination of water and bleach. A malfunction in any part of the heating, air-conditioning, or system in the UNIT. TENANT shall be liable to LANDLORD for damages sustained to the UNIT or the PROPERTY as a result of TENANT’s failure to comply with the terms of this section, and LANDLORD shall not be liable for any requirement damages sustained to TENANT’s person or property as a result of Federalany such failure. TENANT is responsible for all pest control, State except that LANDLORD shall provide an initial pest control treatment if the need for such treatment is reported to LANDLORD in writing within 10 days after move-in. If LANDLORD incurs the cost of pest control in the UNIT or Local authorities and/or ensure safethe PROPERTY as a result of the actions or inactions of any tenant in the UNIT, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ tenants in the UNIT shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible be responsible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorcost thereof.
Appears in 1 contract
Sources: Residential Lease Agreement
Maintenance. a. During the Term, Lessee will maintain the non-structural portions All expenses of maintenance of the Leased Premises in good conditionand additions thereto shall be borne solely by Tenant; provided, reasonable wear and tear and casualty damage exceptedhowever, but excluding that as to any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Termmajor structural or other capital repairs or replacements, Lessor Tenant shall maintain, in good operating condition and repair, the structural elements only be responsible for a percentage of the Building cost equal to the ratio between the remaining term of this lease and the Premisesuseful life of such capital repair or replacement. All maintenance and repairs performed by Landlord or Tenant shall be performed in accordance with all applicable laws. In the event during the term of this lease Landlord reasonably determines that repairs should, from time to time be made, and all Building systems gives notice of such needed repairs to Tenant in writing, Tenant agrees promptly to make (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect commence in the above event such repairs cannot reasonably be completed within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, days in which case Lessor event such repairs shall cure the defect be completed as quickly as reasonably possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms a period of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written 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 Tenant of its default in failing to make such repairs. No mechanics’ liens shall be placed against the Leased Premises on account of any improvement made, or labor or materials furnished incident thereto as to the request of 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 cost thereof from the other party pursuant to the terms hereof, prior to requiring Lessee to relocate, provided that Lessor acknowledges making such repair or replacement the party making such repair or replacement shall provide in writing an itemized cost estimate and agrees that Lessee will require longer advance notice to effect a permanent Relocation, scope of work therefor and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had provide such other party a reasonable opportunity to effect a Relocation as described herein;
ivreview and minimize such cost. ▇▇▇▇▇▇’s use at Upon the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during performance of any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work replacement by Lessor, Lessee a party hereto for which such party is permitted entitled to return to its original location receive reimbursement for all or part of the cost thereof from the temporary location with all reasonable costs for other party hereto, the same being paid by Lessor; and
vi. In party performing such repair or replacement shall provide a written invoice to the event other party, which party shall pay the amount invoiced in full within fifteen (15) days of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessordelivery of such invoice.
Appears in 1 contract
Maintenance. a. During Except for maintenance and repairs performed by the TermAssociation, Lessee will all maintenance and repairs respecting the Leased Premises shall be performed by Tenant at Tenant's expense. Tenant shall, at all times, keep the Leased Premises (including maintenance of its entrances and all glass except to the extent same is maintained by the Association) and Please Initial: -------------- Landlord: [SIGNATURE ILLEGIBLE] ---------------------- Tenant: [SIGNATURE ILLEGIBLE] ------------------------ all interior partitions, doors, fixtures and equipment in good order, condition and repair, except for those portions maintained by the Association. Tenant further agrees to replace promptly at its own expense with glass of a like kind and quality and plate glass or window glass of the Leased Premises which may become cracked or broken by reason of Tenant's negligence; not to place or maintain articles in the non-vestibule or entry of the Leased Premises, in the hallway adjacent thereto or elsewhere on the exterior thereof; not to permit accumulations of garbage, trash, rubbish and other refuse, and to keep such refuse in proper containers (or in trash room maintained by Tenant) in the interior of the Leased Premises until removed; not to use or permit the use of any apparatus for sound reproduction or transmission or of any musical instrument in such manner that the sound so reproduced, transmitted or produced shall be audible beyond the interior of the Leased Premises; to keep all mechanical apparatus free of vibration and noise which may be transmitted beyond the confines of the Leased Premises; not to cause or permit objectionable odors to emanate or be dispelled from the Leased Premises; to comply with all laws and ordinances and all valid rules and regulations of any Federal, State, Municipal or public authority or the Association having jurisdiction over the Leased Premises and Landlord, and all recommendations of any public or private agency having authority over insurance rates with respect to the use or occupancy of the Leased Premises by Tenant; and to conduct its business in the Leased Premises in all respects in a dignified manner and in accordance with high standards of office operation. In the event Landlord or the Association is required to make repairs to structural portions of the Leased Premises in good conditionby reason of Tenant's negligent acts or omissions to act, reasonable wear and tear and casualty damage excepted, but excluding any items which are Landlord may charge the responsibility actual cost of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee to Tenant and such cost shall notify Lessor in writing within three (3) business days following such emergencythereafter become due as Additional Rent.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessor.
Appears in 1 contract
Sources: Lease Agreement (Tamboril Cigar Co)
Maintenance. a. During the Term, Lessee will maintain the non-structural portions of the Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇▇▇ agrees to relocate its perform any maintenance or structural repairs that are needed to the UNIT. TENANT agrees to keep the UNIT clean, neat and safe. LANDLORD shall act with customary due diligence to:
a) keep Common Areas of the PROPERTY (but not the UNIT, which shall be the responsibility of TENANT) reasonably clean;
b) maintain fixtures, furniture, hot water, heating, and A/C equipment;
c) substantially comply with applicable federal, state, and local laws regarding safety, sanitation, and fair housing; and
d) make all reasonable repairs, subject to TENANT’S obligation to pay for damages for which TENANT is liable. LANDLORD may temporarily turn off equipment on a temporary and/or interrupt utilities to the UNIT and/or the PROPERTY to avoid property damage or permanent basis to another location on perform work requiring such interruption as determined in LANDLORD’S sole judgment. LANDLORD will not be liable for any inconvenience, discomfort, disruptions or interference with TENANT’S or OCCUPANT’S use of the PropertyPROPERTY because LANDLORD is making repairs, hereinafter referred alterations or improvements to as a “Relocation,” for the purpose UNIT or the PROPERTY. If TENANT or OCCUPANT requests any repairs, and LANDLORD approves such request, the repairs will be done during LANDLORD’S usual working hours unless TENANT or OCCUPANT requests in writing that such repairs be done during other hours and such request is approved by LANDLORD. If LANDLORD approves such request, TENANT will have to pay in advance any additional charges resulting from such request. TENANT agrees to take reasonable steps in order to prevent or minimize the growth of mold and mildew within the UNIT. To prevent or minimize the occurrence and growth of mold in the UNIT, TENANT hereby agrees to the following:
(i) in TENANT is responsible for replacing the case HVAC filter at least four times during the TERM at TENANT’S expense. TENANT may purchase filters from LANDLORD at a cost of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or $5.00 each.
(ii) TENANT shall (A) remove any visible moisture accumulation in or on the UNIT, including on walls, windows, floors, ceilings, and bathroom fixtures, (B) mop up spills and thoroughly dry affected area as soon as possible after occurrence, (C) use exhaust fans in the case of a permanent relocationkitchen and bathroom(s) when necessary, Lessor expanding or otherwise modifying and (D) keep climate and moisture in the Building, or UNIT at reasonable levels.
(iii) Lessor requiring TENANT shall clean and dust the Relocation UNIT regularly, and shall keep the UNIT, particularly the kitchen and bathroom(s), clean and dry.
(iv) TENANT shall promptly notify LANDLORD in order writing of the presence of any of the following conditions:
(A) Any water leak, excessive moisture, or standing water inside the UNIT or any Common Area.
(B) Mold or mildew growth in or on the UNIT that persists after TENANT has tried to remove it with an appropriate household cleaning solution, such as Lysol or Pine-Sol disinfectants, Tilex Mildew Remover, or Clorox, or a combination of water and bleach.
(C) A malfunction in any part of the heating or air-conditioning system in the UNIT. TENANT shall be liable to LANDLORD for damages sustained to the UNIT or the PROPERTY as a result of TENANT’S failure to comply with the terms of this Paragraph 26, and LANDLORD shall not be liable for any requirement damages sustained to TENANT’S, OCCUPANT’S or TENANT’S Guests’ person or property as a result of Federalany such failure. TENANT is responsible for all pest control, State except that LANDLORD shall provide an initial pest control treatment if the need for such treatment is reported to LANDLORD in writing within ten days after move-in. If LANDLORD incurs the cost of pest control in the UNIT or Local authorities and/or ensure safethe PROPERTY as a result of the actions or inactions of any tenant in the UNIT, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ tenants in the UNIT shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible be responsible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorcost thereof.
Appears in 1 contract
Sources: Residential Lease Agreement
Maintenance. a. During Unless otherwise expressly set forth in this Lease, the Term, Lessee will maintain LESSOR shall be responsible for the non-structural portions maintenance of the Premises Building as follows: : repairing any structural damages to the Building; undertaking any damages or leakages with respect to the main plumbing lines or electrical lines in good conditionthe Building; maintenance of air conditioning equipment, reasonable wear and tear and casualty damage exceptedDG Sets, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Termelevators, Lessor shall maintainelectrical transformer, in good operating condition and repair, the structural elements firefighting equipment; External security of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), for the common areas on 24X7 basis; Cleaning and maintenance of common areas; Sewage maintenance; External lighting and its maintenance; and General upkeep of the Generatorexternal portion of the Building. Lessor The LESSOR shall keep the common areas in good and clean condition. The LESSOR shall also ensure that all major structural repairs in relation to the Demised Property that may have to be carried out from time to time in order to repair any defect leaks in the above within thirty (30) daysroof, corrosion of water pipes, defective sewage lines etc, are carried out promptly and to the reasonable and commercial extent possible. The LESSOR shall endeavor to cause as little disturbance as possible to the peaceful possession and enjoyment of the Demised Property by the LESSEE. The LESSEE shall issue a written notice to the LESSOR intimating of any defect, damage or repair or other maintenance to be carried out. In the event of failure of the LESSOR to initiate necessary and commensurate action required to carry out such repair or such shorter period as may be required by any governmental authority having jurisdiction, after other maintenance work within ten (10) days of receipt of written notice from Lessee describing the LESSEE, the LESSEE may carry out such defect, unless pending repairs or maintenance work and deduct the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt cost of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon repairs from the date Lease Consideration payable to the LESSOR. For such purpose, the LESSEE shall provide sufficient documentary evidence/proof as requested by the LESSOR to ascertain the costs incurred by the LESSEE towards carrying out such repair/maintenance work. Provided however that, if any major structural repairs are occasioned on account of payment at negligence of the greater of (i) ten percent (10%) per annumLESSEE, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, LesseeLESSEE shall, at its optionown cost, may make carry out such repairs at Lessor’s expense, before giving any written notice, but Lessee repairs. The LESSEE shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject adhere to the terms of this provision, upon request current aesthetics of the Lessor, ▇▇▇▇▇▇ agrees Building and shall not carry out any alteration to relocate its equipment on a temporary the Demised Property which may spoil or permanent basis to another location on negatively affect the Property, hereinafter referred to as a “Relocation,” current aesthetics of the Building. The LESSEE shall be solely and entirely responsible for the purpose maintenance of (i) in the case terrace which is allocated for the use of a temporary relocationthe LESSEE under this Deed. The LESSOR shall have the right of access to the terrace area for inspection and routine maintenance of equipment installed by the LESSOR for water supply, Lessor performing maintenancefire fighting purposes, repair as well as the lift motor rooms. The LESSEE shall be responsible for the maintenance of the interiors of the Demised Property and also to carry out any minor electrical and/or sanitary repairs or similar work at replacement of the Property or in fit-outs, electrical and plumbing fixtures, caused due to mishandling of the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms fittings and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred fixtures by ▇▇▇▇▇▇ ▇’S personnel. The LESSEE shall solely be responsible and liable for the interior, including any fixture, fit-outs and equipment installed and used by the LESSEE in connection with relocating Lessee’s the Demised Property, and if required, the LESSEE shall take out adequate insurance to cover such equipment and installations. The LESSEE shall pay the maintenance charges as set out under Clause 4 in respect of the Demised Property promptly. It is clarified that the LESSEE shall have a right of action or claim against the LESSOR, in respect of any maintenance or repair to be carried out, subject to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving LESSEE having promptly paid the Relocation so that it is fully compatible for maintenance charges as part of the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify Lease Consideration within the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessortime period set out under Clause 4.
Appears in 1 contract
Sources: Lease Agreement
Maintenance. a. During Lessee shall maintain the Termleasehold improvements of whatever nature situated on the Leased Premises at its own expense. Lessee shall at all times maintain the Leased Premises in a safe, neat and orderly manner; free from trash, debris or other unsafe, unsightly or unsanitary matter. Should Lessee fail to maintain the Leased Premises in a safe, neat and orderly 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 will maintain has the non-structural portions of right to make any and all repairs to the Leased Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which or the supporting improvements that are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Termcorrect conditions that immediately and significantly threaten its leasehold improvements, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) dayswarehouse contents, or operations thereof. Lessee shall notify Lessor of any such shorter period as may intended repair action at least fifteen (15) days prior to the work being performed unless said work must be required by any governmental authority having jurisdictionperformed immediately to address an emergency situation (i.e., after receipt to prevent the threat of written notice from Lessee describing such defect, unless the defect constitutes an emergencyimminent property damage or personal injury or a material interruption of Lessee's business operations), in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, event Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date perform such work immediately without notice or expiration of payment at the greater of a waiting period (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor of such repair work as soon as practicable following initiation of emergency repair efforts). Notwithstanding the foregoing, in writing within three (3) 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 days following such emergencyoperation. If Lessee undertakes repairs that are the responsibility of Lessor, upon approval of Lessor, Lessor shall reimburse Lessee for the reasonable and necessary costs and expenses incurred by Lessee therefore.
c. Subject to the terms of this provision, upon request 12. Section 23 of the Lessor, ▇▇▇▇▇▇ agrees Original Agreement is hereby amended in its entirety to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditionsread:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessor.
Appears in 1 contract
Sources: Lease Agreement
Maintenance. a. During (a) Subject to the Termprovisions of Section 18, Lessee will Tenant shall, at Tenant's sole cost and expense, during the entire term, keep and maintain the non-structural portions of in good order, condition and repair the Premises in good conditionand every part thereof, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundationsall plumbing, exterior sewage, fixtures, interior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areasStorefront(s), the common areas showcases, skylights, all electrical facilities and the Generator. Lessor shall repair equipment, lighting fixtures, lamp▇▇▇, ▇▇ns and electrical motors, all other appliances and equipment of every kind and nature, sprinkler equipment (if any), and any defect other mechanical systems in the above within thirty (30) daysPremises. Tenant's obligations shall include, or 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 shorter period replacements as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do sonecessary, and the reasonable cost thereof shall become due and payable as additional rent by Tenant to Landlord upon demand, but nothing in this sentence contained shall be payable deemed to impose a duty upon Landlord or affect in any manner the obligations placed upon Tenant by Lessor this Section 11. Any such entry by Landlord shall not be deemed to Lessee on demand together with interest thereon from the date be an eviction of payment Tenant.
(b) Tenant shall provide for (at the greater of (i) ten percent (10%) per annum, or (iiTenant's cost and expense as hereinafter set forth) the highest rate permitted by applicable Lawsmaintenance, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request repair and replacement of the Lessorheating, ▇▇▇▇▇▇ agrees to relocate its ventilating and air conditioning equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (iHVAC) in the case of a temporary relocation, Lessor performing Premises. Tenant shall perform or contract with independent contractors for such maintenance, repair or similar work and replacement,
(c) Tenant shall furnish (at Tenant's costs and expense as hereinafter set forth) trash and garbage receptacles and the Property or in removal of trash and garbage from said receptacles and the Buildingremoval of trash and garbage from said receptacles. Tenant shall itself furnish, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply shall contract with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms independent contractors for such receptacles and conditions:
i. The Relocation is similar to Lessee’s existing location in size trash and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorgarbage removal.
Appears in 1 contract
Sources: Lease Agreement (Dominion Homes Inc)
Maintenance. a. During LESSEE acknowledges it has inspected the TermLeased Premises and agrees to maintain, Lessee will at its sole cost and expense, the grounds and 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 non-structural portions of the Leased Premises in good condition, reasonable wear and tear its improvements and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, 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 structural elements Airport, or due to any act or neglect of any tenant or occupant of the Building 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 the Lease and requires repair or replacement in order to maintain the Leased Premises, and all Building systems (includingimprovements, but not limited toaircraft ramp, the foundationsstructural integrity or appearance of any structure(s), including without limitation any doors, roof and/or exterior walls, structural condition of interior bearing wallsLESSEE will promptly undertake and complete such repairs or replacements at its expense. In the event LESSEE fails to perform its obligations hereunder, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing systemLESSOR may, fire hydrantsat its sole option, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within after thirty (30) daysdays notice, undertake and complete any such maintenance, repairs or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possiblereplacements, but not later than five (5) days after receipt of notice. If Lessor fails will have no obligation to make such repairs, Lessee may do so, and the reasonable cost thereof shall will be payable deemed additional rent and will be paid by Lessor LESSEE to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least LESSOR no later than thirty (30) days written notice prior after the date of invoice from LESSOR to requiring Lessee 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 relocate(a) all applicable federal, provided that Lessor acknowledges state and agrees that Lessee will require longer advance notice to effect a permanent Relocationlocal statutes, ordinances and that Lessor shall not expand or otherwise modify building codes, (b) all applicable rules and regulations promulgated by LESSOR including the Building in a manner that is adverse to LesseeSAA Rules and Regulations (c) the SAA’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is alloweddesign standards, if necessaryany, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid Airport, as promulgated by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by LessorLESSOR from time to time.
Appears in 1 contract
Sources: Aeronautical Hangar Lease Agreement
Maintenance. a. During the Term, Lessee will maintain the non-structural portions of the Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor Tenant shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and make all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, alterations and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation replacements (including, without limitation, legal costsall ordinary, engineering feesextraordinary, permit fees foreseen and construction costsunforeseen repairs, alterations and replacements) necessary to operate and improving maintain the Relocation so entire Premises in good condition and repair and in compliance with all applicable laws, ordinances, rules and regulations and any recorded covenants, conditions or restrictions relating to the Premises, and shall surrender the Premises when required by this Lease in good condition, reasonable use and wear excepted. Additionally, Landlord and Tenant hereby acknowledge receipt of that it is fully compatible for certain Property Condition Report prepared by ▇▇▇▇▇ Management Services Corporation, dated September 19, 2013 (the Lessee’s use“Property Condition Report”). Landlord and Tenant shall review on an annual basis the “Deferred Maintenance Items” set forth in the Property Condition Report and shall reasonably and mutually agree upon those Deferred Maintenance Items that Tenant shall perform and the times upon which Tenant shall complete such Deferred Maintenance Items. In the event that Tenant fails to complete such agreed upon Deferred Maintenance Items within the agreed upon times, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least then, upon thirty (30) days written notice prior to requiring Lessee to relocateTenant, provided that Lessor acknowledges Landlord may perform such agreed upon Deferred Maintenance Items and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work all costs so incurred by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location Landlord shall be paid by LessorTenant as Additional Rent utilizing a capitalization rate of ten percent (10%) over the remaining Term of the Lease. Notwithstanding anything to the contrary contained herein, Landlord acknowledges that the Property Condition Report identifies certain maintenance required in connection with the windows of the Premises, that Tenant has filed an insurance claim in connection with such windows, and that Landlord shall reasonably cooperate with Tenant is the settlement of such insurance claim and performance of the maintenance of such windows.
Appears in 1 contract
Maintenance. a. During the Term, Lessee will maintain the non-structural portions of the Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇▇▇ agrees to relocate its do any maintenance or structure repairs that are needed to the UNIT. TENANT agrees to keep the UNIT clean, neat and safe. LANDLORD shall act with customary due diligence to:
(a) keep Common Areas of the PROPERTY (but not the UNIT, which shall be the responsibility of TENANT) reasonably clean;
(b) maintain fixtures, furniture, hot water, heating, and A/C equipment;
(c) substantially comply with applicable federal, state, and local laws regarding safety, sanitation, and fair housing; and
(d) make all reasonable repairs, subject to TENANT’S obligation to pay for damages for which TENANT is liable. LANDLORD may temporarily turn off equipment on a temporary and/or interrupt utilities to the UNIT and/or the PROPERTY to avoid property damage or permanent basis to another location on perform work requiring such interruption as determined in LANDLORD’S sole judgment. LANDLORD will not be liable for any inconvenience, discomfort, disruptions or interference with TENANT’S use of the PropertyPROPERTY because LANDLORD is making repairs, hereinafter referred alterations or improvements to as a “Relocation,” for the purpose of (i) UNIT or the PROPERTY. If TENANT requests any repairs, and LANDLORD approves such request, the repairs will be done during LANDLORD’S usual working hours unless TENANT requests in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or writing that such repairs be done during other hours and such request is approved by LANDLORD. If LANDLORD approves such request TENANT will have to pay in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation advance any additional charges resulting from such request. TENANT agrees to take reasonable steps in order to prevent or minimize the growth of mold and mildew within the UNIT. To prevent or minimize the occurrence and growth of mold in the UNIT, TENANT hereby agrees to the following: TENANT is responsible for replacing the HVAC filter at least four times during the lease TERM at TENANT’S expense. TENANT may purchase filters from LANDLORD at a cost of $5.00 each. TENANT shall (a) remove any visible moisture accumulation in or on the UNIT, including on walls, windows, floors, ceilings, and bathroom fixtures, (b) mop up spills and thoroughly dry affected area as soon as possible after occurrence, (c) use exhaust fans in kitchen and bathroom when necessary, and (d) keep climate and moisture in the UNIT at reasonable levels. TENANT shall clean and dust the UNIT regularly, and shall keep the UNIT, particularly the kitchen and bath, clean and dry. Any water leak, excessive moisture, or standing water inside the UNIT or any Common Areas. Mold or mildew growth in or on the UNIT that persists after TENANT has tried to remove it with an appropriate household cleaning solution, such as Lysol or Pine-Sol disinfectants, Tilex Mildew Remover, or Clorox, or a combination of water and bleach. A malfunction in any part of the heating, air-conditioning, or system in the UNIT. TENANT shall be liable to LANDLORD for damages sustained to the UNIT or the PROPERTY as a result of TENANT’S failure to comply with the terms of this section, and LANDLORD shall not be liable for any requirement damages sustained to TENANT’S person or property as a result of Federalany such failure. TENANT is responsible for all pest control, State except that LANDLORD shall provide an initial pest control treatment if the need for such treatment is reported to LANDLORD in writing within 10 days after move-in. If LANDLORD incurs the cost of pest control in the UNIT or Local authorities and/or ensure safethe PROPERTY as a result of the actions or inactions of any tenant in the UNIT, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ tenants in the UNIT shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible be responsible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorcost thereof.
Appears in 1 contract
Sources: Residential Lease Agreement
Maintenance. a. During Lessor, at its sole cost and expense, shall maintain and keep in good repair the Termexterior walls of the Premises, its roof, foundation and the concrete walkways and parking surface, provided such repair is not necessitated because of negligence on the part of Lessee, its agents and employees. Lessee, at its sole cost and expense, shall maintain the interior of the Premises, including plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the maintenance of the heating and air conditioning system in said Premises. Lessee further agrees to replace the whole or any portion of the sewerage and sanitary fixtures should the need arise, at its sole cost and expense. Upon expiration or termination of this Agreement, Lessee will maintain the non-structural portions shall redeliver possession of the Premises in as good conditioncondition as the commencement of the term of this Agreement, reasonable wear and tear only excepted. Any and casualty damage excepted, but excluding any items which are all signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee shall cause to be removed from said Premises any and all signs so placed at the termination of this Agreement so that the Premises will be in the same condition as before said signs were placed thereon. All signs shall be approved by Lessor pursuant prior to Paragraph 9(b) below.
b. During placement on the TermPremises and, Lessor shall maintain, be in good operating condition and repair, accordance with any regulatory requirements if it relates to the structural elements operation of video draw poker devices. Lessee shall be responsible for keeping the paved parking area of the Building Premises clean and free of debris. Lessee shall also be responsible for the painting and maintenance of any parking stripes that may be placed on said parking surface, and for the upkeep of the grass on the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergencykeep the entire Premises free of debris.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessor.
Appears in 1 contract
Sources: Property Lease Agreement (Petro Stopping Centers L P)
Maintenance. a. During Landlord shall not be called upon and shall have no obligation to make any repairs, improvements or alterations whatsoever to the TermPremises except that during the term of this Lease, Lessee will Landlord shall at Landlord's sole cost and expense, repair and maintain the non-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 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 extent caused by the negligence or willful misconduct of Landlord, Landlord's employees, agents, contractors, invitees or licensees, Tenant shall repair, service, keep and maintain the remaining portions of the Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building repair and the Premises, and shall replace all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect glass in the above within thirty (30) days, or such shorter period windows and doors broken during the Lease term. Tenant agrees to make repairs promptly as they may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of noticeneeded at Tenant's expense. If Lessor Tenant fails to make prosecute such repairsmaintenance and repairs diligently and continuously until completion, Lessee Landlord may do so, prosecute such maintenance and repairs itself and Tenant shall reimburse Landlord for the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any within seven (7) days of receiving written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request notice of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorsame.
Appears in 1 contract
Maintenance. a. During Facilities and furnishings and equipment provided to LESSEE by the TermLESSOR shall remain the property of LESSOR. The ongoing and routine operations and maintenance (including landscaping, Lessee will maintain the non-structural portions grounds maintenance and custodial services) of the Premises in good condition, reasonable wear PREMISES and tear furnishings and casualty damage excepted, but excluding any items which equipment are the responsibility of Lessor LESSEE. LESSEE is only responsible for ongoing and routine operations and maintenance for LESSEE’S exclusive use space and LESSEE’S portion of the shared use space on the premises. Projects eligible to be included in LESSOR’S deferred maintenance plan established pursuant to Paragraph 9(b) below.
b. During Education Code section 17582 and the Termreplacement of furnishings and equipment supplied by the LESSOR in accordance with LESSOR schedules and practices shall remain the responsibility of LESSOR. For purposes of this section, Lessor “major maintenance” includes the major repair or replacement of plumbing, heating, ventilation, air conditioning, electrical, roofing, and floor systems, exterior and interior painting, and any other items considered deferred maintenance under Education Code section 17582. With the permission of LESSOR, LESSEE may perform major maintenance and offset the cost of such maintenance against future payments of rent or pro- rata share. LESSEE may purchase operations and maintenance services from LESSOR as provided in a separate written agreement. In no event shall maintain, in good operating condition LESSOR perform routine and repair, the structural elements ongoing maintenance for LESSEE without a written agreement that provides for full reimbursement of costs. LESSEE shall be solely responsible for reimbursing LESSOR for all supplies necessary for maintenance and use of the Building PREMISES, as well as all restroom supplies, which cost shall be paid to LESSOR on a per-pupil basis. LESSEE shall be responsible for repairs or corrections required as the result of damage caused by LESSEE, its students, employees, agents, representatives or invitees. Should LESSEE desire LESSOR to perform the operations and maintenance services, all requests for maintenance and repairs must be submitted and approved through the PremisesLESSOR’s online maintenance request system, and all Building systems (including, but not limited to, LESSOR shall complete the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period requests as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as reasonably quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee LESSEE may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, complete any maintenance request at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing sole cost if LESSOR is unable to perform the work within three (3) business days following such emergency.
c. Subject the timeframe requested by LESSEE. The definition of routine maintenance activities is attached to the terms this Agreement as Exhibit B. Failure of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order LESSEE to comply with any requirement the tasks described on Exhibit B shall constitute grounds for termination of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airportthis Agreement. In all casesaddition, ▇▇▇▇▇▇ should LESSEE’s failure to maintain the PREMISES in accordance with Exhibit B cause the necessity for major maintenance by LESSOR that otherwise would not have been required, LESSEE shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible reimburse LESSOR for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify additional cost of the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any major maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessor.
Appears in 1 contract
Sources: Facilities Use and Lease Agreement
Maintenance. a. (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 foregoing must be by written agreement executed by Landlord and Tenant. During the Term, Lessee will maintain the non-structural portions term of the Lease, Tenant shall keep the Premises and every part thereof in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, at Tenant's sole cost and expense. The Tenant agrees on the structural elements last day of the Building term hereof, or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair with all interior walls cleaned, 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 cleaned, and all floors cleaned and waxed. 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 ascertain from Landlord within thirty (30) 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 its personal property and trade fixtures from the Premises, and all Building systems (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, but not limited towithout limitation, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required claims made by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing succeeding Tenant founded on such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergencydelay.
c. Subject to (b) Notwithstanding the terms provisions of this provision, upon request of the Lessor, ▇▇▇▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property▇▇(▇), hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇▇▇ shall only agree repair and maintain the roof, exterior walls, and foundation of the Building, and plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord, and parking and landscaped areas and all other common areas appurtenant to a Relocation upon the following terms Building, as provided in Paragraph 7(b), unless such maintenance and conditions:
i. The Relocation is similar to Lessee’s existing location repairs are necessitated in size and is fully compatible for Lessee’s usepart or in whole by the act, neglect, fault or omission of any duty by Tenant, or its agents, servants, employees or invitees, in Lessee’s reasonable determination;which case Tenant shall pay to Landlord the entire cost of such maintenance and repairs.
ii(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. Lessor pays all reasonable costs incurred Except as provided in Paragraph 23 hereof, there shall be no abatement of rent and no liability of Landlord by ▇▇▇▇▇▇ for and in connection reason of any injury or interference with relocating Lessee’s equipment Tenant's business arising from the making of any repairs, alterations or improvements to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify any portion of the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at or the Premises is not interrupted or diminished during the Relocation to fixtures, appurtenances and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessortherein.
Appears in 1 contract
Sources: Office Lease (Salix Holdings LTD)
Maintenance. a. During the Term, Lessee will maintain the non-structural portions of the Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b(a) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems The following facilities (including, 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 foundationsOffice Space.
(ii) Housekeeping shall be carried out and limited to common areas (Lobbies, exterior wallsFire Escape Stairs, structural condition of interior bearing wallsInternal Staircases, exterior roof fire sprinkler and/or standpipe Parking, Roads, Pathways, Courtyard, fountains & landscape gardens). The Lessee shall carry out housekeeping inside the Office Space.
(iii) General Pest and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), rodent Control measures shall be carried out in the common areas and around the GeneratorBuildings. Lessor Lessee shall repair any defect in arrange for carrying out General Pest and rodent control activities inside the above within thirty Office Space.
(30iv) daysCivil Maintenance of the structures, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, roads and the reasonable cost thereof pathways shall be payable by Lessor carried out from time to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annumtime or as and when required to maintain them for regular use. Such maintenance shall normally include waterproofing, or (ii) the highest rate permitted by applicable Lawspainting, orplastering, at Lessee’s optionflooring, plumbing etc. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify be responsible for any damages caused to structure by the Building in a manner that is adverse to Lessee’s communications facility until Lessee . Such damages shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use be rectified at the Premises is not interrupted or diminished during cost of Lessee to be included as Reimbursements.
(v) Maintenance of all the Relocation Equipment provided by the Lessor as part of facilities and amenities in the Rent. This includes preventive maintenance, routine maintenance, annual maintenance, spares etc. The Lessor will ensure minimum breakdown of the equipment and restore the services at the earliest.
(vi) Regular maintenance in respect of electrical installations provided by the Lessor as part of facilities and amenities in the Rent. The work generally includes replacement of electrical consumables, replacement of light fittings and consumables etc. The Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs responsible for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorhis demised premises.
Appears in 1 contract
Maintenance. a. During the Term, Lessee will maintain the non-structural portions of the Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b(a) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems The following facilities (including, 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 foundationsOffice Space.
(ii) Housekeeping shall be carried out and limited to common areas (Lobbies, exterior wallsFire Escape Stairs, structural condition of interior bearing wallsInternal Staircases, exterior roof fire sprinkler and/or standpipe Parking, Roads, Pathways, Courtyard, fountains & landscape gardens). The Lessee shall carry out housekeeping inside the Office Space.
(iii) General Pest and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), rodent Control measures shall be carried out in the common areas and around the GeneratorBuildings. Lessor Lessee shall repair any defect in arrange for carrying out General Pest and rodent control activities inside the above within thirty Office Space.
(30iv) daysCivil Maintenance of the structures, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, roads and the reasonable cost thereof pathways shall be payable by Lessor carried out from time to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annumtime or as and when required to maintain them for regular use. Such maintenance shall normally include waterproofing, or (ii) the highest rate permitted by applicable Lawspainting, orplastering, at Lessee’s optionflooring, plumbing etc. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify be responsible for any damages caused to structure by the Building in a manner that is adverse to Lessee’s communications facility until Lessee . Such damages shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use be rectified at the Premises is not interrupted or diminished during cost of Lessee, to be included as Reimbursements.
(v) Maintenance of all the Relocation Equipment provided by the Lessor as part of facilities and amenities in the Rent. This includes preventive maintenance, routine maintenance, annual maintenance, spares etc. The Lessor will ensure minimum breakdown of the equipment and restore the services at the earliest.
(vi) Regular maintenance in respect of electrical installations provided by the Lessor as part of facilities and amenities in the Rent. The work generally includes replacement of electrical consumables, replacement of light fittings and consumables etc. The Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs responsible for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorhis demised premises.
Appears in 1 contract
Maintenance. a. During This Section shall apply with respect to the TermCars.
A) Lessee shall, Lessee will at its expense, perform or have performed all inspections of, maintenance and repairs to, and servicing of the Cars as shall be necessary to maintain the non-structural portions of the Premises Cars in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are operating condition as specified in the responsibility of Lessor pursuant Interchange Rules ("Maintenance"). Lessee shall be required to Paragraph 9(b) below.
b. During preserve the Term, Lessor shall maintain, Cars in good operating condition and repair, in conformance with AAR and FRA rules governing the structural elements interchange of freight cars at all times while the Building Cars are covered by this Agreement. Lessee shall use reasonable efforts to minimize any damage to the Cars and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergencyof any maintenance required, pursuant to AAR Interchange Rule 107.
c. Subject 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) Lessee shall pay the first $5,000 in Required Modification costs; (ii) Lessor shall pay the excess Required Modification costs, up to $10,000 (for a combined total Required Modification cost of $15,000); (iii) the portion 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 (iv) in the event the cost of the Required Modifications will exceed $15,000, Lessor may elect to permanently remove such Cars from Lessee's service, and in such 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. No rental credit will be issued on Cars entering the shop for any Required Modification for the first fifteen (15) days and, thereafter, Lessee shall not be obligated in respect to rent on such Cars until the Required Modifications are completed and such Cars are returned to service.
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 and remain with Lessor.
D) Lessee shall use the Cars in compliance with the terms of this provisionAgreement, upon request of the Lessorin a careful and prudent manner, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) solely in the case of use, service and manner for which the Cars were designed and at no time shall be used in a temporary relocation, Lessor performing maintenance, repair service in which the Cars will be subjected to hazardous or similar work at the Property or in the Buildingcorrosive substances, or (ii) in the case of a permanent relocationto thaw, Lessor expanding heat, open flames or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment other unloading practices damaging to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocateCars, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor this Subsection 6(D) shall not expand be deemed to prohibit that transportation of hazardous or otherwise modify corrosive substances in the Building Cars in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation accordance with applicable Interchange Rules and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed applicable environmental laws and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorregulations.
Appears in 1 contract
Maintenance. a. During Lessor agrees to keep in good order, condition and repair the Termroof, Lessee will maintain (but not the non-inside surface thereof), foundations and structural portions of the Premises premises, to the extent the same were originally constructed by Lessor, excepting any glass in good conditionthe leased premises and any condition in the premises caused by any act or neglect of the Lessee or any employee, reasonable wear and tear and casualty damage exceptedagent, but excluding any items which are the responsibility servant or contractor of Lessor pursuant to Paragraph 9(b) below.
b. During the TermLessee. Without limitation, Lessor shall maintainnot be responsible for the making of any improvements or repairs in the premises other than as expressly provided herein. Further, Lessor shall never be liable for any failure to make repairs which, under the provisions of this section or elsewhere in good operating condition and repairthis lease, the structural elements Lessor has undertaken to make unless Lessee has given notice to Lessor of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails need to make such repairs, Lessee may do so, or of a condition of the premises requiring repair and the reasonable cost thereof shall be payable by Lessor has failed to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may commence to make such repairs within a reasonable time after receipt of such notice. Lessee agrees to maintain at Lessor’s expenseits expense all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this Lease, before giving any written noticenormal wear and tear and damage by fire or other casualty only excepted, but and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. Lessee will properly control or vent all solvents, degreasers, or other similar substances, and shall not cause the areas surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. Lessee shall notify Lessor not permit the leased premises to he overloaded, damaged, stripped or defaced nor suffer any waste and will not keep animals in writing within three (3) business days following such emergency.
c. Subject to the terms leased premises. Any maintenance which is necessitated by some specific aspect of this provision, upon request Lessee's use of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location premises shall be paid by Lessorat Lessee's expense.
Appears in 1 contract
Sources: Lease Agreement (Presstek Inc /De/)
Maintenance. a. During Lessor has three levels of service, which are described below. The applicable level of service is indicated in the TermAgreement, or in the absence of such indication is deemed to be Net. Under all service levels, Lessee will maintain is solely responsible for checking the non-structural portions hub oil level of the Premises in good conditionTrailer daily and adding oil as required. In the event that Lessor performs repairs for which Lessee is responsible hereunder, reasonable wear Lessee shall pay for such services at a rate of $75 per hour for labor and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the GeneratorLessor’s then current prices for parts. Lessor shall repair any defect in have the above within thirty (30) days, right to inspect all maintenance or such shorter period as may be required repairs performed on the Trailer by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later anyone other than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do soLessor, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, orcorrect, at Lessee’s optionsole cost and expense, all defects in materials or workmanship that, in Lessor’s sole discretion, result from the Lessee’s use operation, maintenance and /or repair of the Trailer. In If Lessee replaces any parts, accessories or tires, such replacement item(s) shall be comparable in quality to the event item(s) being replaced as of an emergency, the time when the Trailer was first accepted by Lessee, and shall become the property of Lessor immediately upon attachment to the Trailer. Lessee shall maintain all records relating to the maintenance, repairs and use of the Trailer at its optionprincipal place of business and Lessor, may make such repairs at upon request, shall be permitted to examine said records and/or inspect the Trailer during normal business hours. To the extent Lessee is unable to return the Trailer to Lessor’s expensedesignated facility due to exigent circumstances, before giving any written notice, but Lessee shall notify contact Lessor in writing within three to locate an acceptable third-party vendor to perform the necessary maintenance and/or repair. Under no circumstances will Lessor be obligated to pay, or otherwise credit/reimburse, Lessee for any maintenance and/or repair performed by any non-Lessor party (3including Lessee and all third parties) business days following such emergency.
c. Subject without Lessor’s prior written approval and consent to the terms of this provisionsaid repair, upon request of the Lessormaintenance and associated charges. Moreover, ▇▇▇▇▇▇ agrees under no circumstances shall Lessor be obligated to relocate its equipment on a temporary pay, or permanent basis otherwise credit/reimburse, Lessee for any expenses relating to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of any maintenance and/or repair: (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms that does not constitute normal wear and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (tear including, without limitation, legal costsdamage; and/or (ii) performed by, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in caused by, services provided by a manner that is adverse to Lesseenon-Lessor party without Lessor’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation prior written consent and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorapproval.
Appears in 1 contract
Sources: Trailer Rental Agreement
Maintenance. a. During 15.1 Notwithstanding any additional maintenance obligations that may be imposed on the Term, Lessee will LESSOR in this Lease Agreement;
15.1.1 The LESSOR shall keep and maintain the non-structural portions of the Leased Premises in good condition, reasonable wear order and tear and casualty damage excepted, but excluding any items which are condition at its own cost to the responsibility satisfaction of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintainLESSEE and, in good operating condition and repair, the structural elements terms of the Building tender 37-14/15 and the PremisesSpecial Conditions of this agreement;
15.1.2 The LESSOR shall exercise great care to prevent any blockage of sewers, water pipes or drains in, on or used in connection with the Leased Premises and all Building systems (includingshall remove at his own cost any obstruction or blockage in any sewer, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose water pipe or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems drain serving the common areas)Leased premises exclusively and, where necessary, repair the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) dayssewer, water pipe or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. drain concerned;
15.1.3 In the event of an emergency, Lessee, at its option, may the LESSOR’s failure to replace or make such repairs at Lessor’s expense, before giving good or repair any written notice, but Lessee shall notify Lessor item for which he is responsible in writing within three (3) business days following such emergency.
c. Subject to the terms of this provisionLease Agreement and if he remains in default for a period of 7 (seven) days after written notice has been made or given by the LESSOR calling upon him to replace or make good or repair such item, the LESSEE shall be entitled, without prejudice to any other rights, to enter upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary Leased Premises and replace or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, make good or repair or similar work such items at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to LesseeLESSOR’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determinationcost;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. 15.1.4 In the event of a temporary Relocationburglary or attempted burglary on the Leased Premises, upon the completion LESSOR shall at his own cost arrange for the repair of any maintenance, repair damage to the Leased Premises caused by such burglary or similar work by Lessor, Lessee is permitted attempted burglary to return to its original location from the temporary location with all reasonable costs for satisfaction of the same being paid by Lessor; andLESSEE;
vi. 15.1.5 In the event of a permanent Relocationany damage to the Leased Premises (including any Improvement) the LESSEE shall, once within 24 (twenty four) hours of it becoming aware of such damage, report such damage to the Relocation has been completed and Lessee’s equipment LESSOR, in order to enable the LESSOR to seek recourse from the relevant insurer.
15.1.6 In the event that any civil and/or electrical maintenance is required to be undertaken at the new location is operationalLeased Premises: the LESSOR shall, any reasonable costs associated with removing or restoring the original location at its own cost, procure such maintenance which shall be paid performed by Lessorsuitably qualified and registered specialists.
Appears in 1 contract
Sources: Lease Agreement
Maintenance. a. During 1. Tenant will, at its sole cost, keep the Term, Lessee will maintain the non-structural portions of the Leased Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building normal wear and the Premisestear, insured casualty and all Building systems (includingcondemnation excepted. Tenant's responsibility under this Paragraph IV.C.
1. will include, but will not be limited to, maintenance and repair of all interior and exterior windows and doors, hardware, locks, light fixtures, pipes, plumbing, and electrical connections.
2. Landlord, at its sole cost and expense but which shall be reimbursed to Landlord to the foundationsextent part of Common Area Expenses, shall maintain the Base Building, the structural exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe walls (excluding the windows and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areasdoors), downspouts and roof of the common areas Leased Premises, as long as such maintenance is not required because of the acts or omissions of Tenant or its representatives, agents, employees, or visitors, in which event such maintenance shall be done by Landlord at Tenant's sole cost.
3. Tenant will not commit or suffer any waste of the Leased Premises and will assume responsibility for all maintenance and repair, regardless of the Generatornature, pertaining to the heating and/or air conditioning equipment. Lessor shall repair any defect Tenant will secure and maintain during the Lease Term, a full service contract on such mechanical equipment with a company reasonably acceptable to Landlord and providing at least the services outlined on the attached Exhibit H. Tenant must deliver a copy of such service contract to Landlord upon the commencement of the Lease Term and whenever a change of company or a change in such contract occurs. At the expiration of the Lease Term, Tenant must also deliver to Landlord a certification from the company regularly maintaining the mechanical systems in the above Leased Premises, which certification must be based on an inspection conducted within thirty (30) daysdays of the termination date of the Lease and which must state that all such systems are in good operating order and be in substantially the form attached as EXHIBIT I. Landlord or Landlord's representatives may enter the Leased Premises at any reasonable time and in the presence of an escort designated by Tenant to verify Tenant's compliance with this Lease, or such shorter period as may be required by any governmental authority having jurisdictionprovided that notwithstanding anything to the contrary in this Lease, after receipt except in case of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in Landlord shall provide notice of not less than twenty-four (24) hours, which case Lessor shall cure may be verbal, prior to entering the defect as quickly as possibleLeased Premises under any provision of this Lease affording any rights to Landlord of repair, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, entry or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s optioninspection. In the event of an emergencyTenant fails to maintain the mechanical equipment as provided in this Paragraph IV.C.3., Lessee, at its option, may make such repairs at Lessor’s expense, before giving Tenant will be liable to Landlord for any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for Landlord in maintaining or repairing such mechanical equipment.
4. At the expiration or termination of the Lease, Tenant will leave the Leased Premises clean and at least in connection with relocating Lessee’s equipment the same good condition (reasonable wear and tear excepted) as when the Lease Term began. Tenant will remove all of its property and possessions from the Leased Premises except to the Relocation (including, without limitation, legal costs, engineering fees, permit fees extent provided by Paragraph IV.B. above. Any items of Tenant's personalty remaining in the Leased Premises after the termination of the Lease shall be deemed abandoned by Tenant and construction costs) and improving become the Relocation so that it is fully compatible for sole property of Landlord. Notwithstanding the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operationalforegoing, any reasonable costs associated with removing or restoring incurred by Landlord in storing and/or disposing of such abandoned property shall remain the original location sole obligation of Tenant, which obligation shall be paid by Lessorsurvive the termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Genvec Inc)
Maintenance. a. During Lessee hereby agrees to use its best efforts to cause Holdings, as Seller, to fulfill all of its obligations under the Term, Lessee will maintain the non-structural portions of the Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the GeneratorPurchase Agreement. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, shall operate, maintain, manage and monitor, or cause to be operated, maintained, managed and monitored, the Satellite and Buyer’s Transponders in good working order and repair, ordinary wear and tear excepted, (i) consistent with operations procedures in effect from time to time for other satellites, in active use, owned, leased or operated by Lessee; (ii) in accordance with the manufacturer’s recommended use, as Lessee and the manufacturer may agree to amend from time to time; (iii) in compliance with all Applicable Laws (other than Applicable Laws as to which noncompliance would not reasonably be expected to have an Adverse Effect); and (iv) in accordance with all applicable requirements of any insurance policy then in effect that is required by Section 9 hereof. The foregoing notwithstanding, if Lessee is unable temporarily to perform its maintenance obligations hereunder due to any Force Majeure Event, then, provided such temporary failure to perform does not cause a permanent, material diminution in the value (including the expected residual value), utility or useful life of Buyer’s Transponders and is capable of cure before giving any written noticesuch permanent, but material diminution in value would result, such failure shall not constitute a breach of Lessee’s obligations under this Lease. Without limiting the generality of the foregoing, at any time during the Lease Term, Lessee may arrange for and enter into agreements for the provision of services required to comply with this Section 7 (the “Substitute Service Agreement”) with a sound and reputable service provider, which may or may not be the Outsource Service Provider or an Affiliate of Outsource Service Provider or Lessee (the “Substitute Service Provider”), and which provider, if other than Outsource Service Provider, shall be reasonably acceptable to Lessor; provided, however, that Lessee shall notify remain primarily liable to Lessor in writing within three (3) business days following such emergency.
c. Subject to for the performance of all of the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment Lease to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall same extent as if such Substitute Service Agreement had not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorentered into.
Appears in 1 contract
Maintenance. a. During Notwithstanding anything to the Termcontrary contained in the Lease, Lessee will maintain the non-structural portions as of the date of this First Amendment, the maintenance and repair obligations for the Premises in good condition, reasonable wear shall be allocated between Landlord and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor Tenant as set forth on Exhibit A attached hereto. The maintenance obligations allocated to Tenant pursuant to Paragraph 9(bExhibit A (the “Tenant Maintenance Obligations”) below.
b. During shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the Term, Lessor shall maintainprocurement and maintenance of contracts, in good operating condition form and repairsubstance 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 respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the structural elements scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the Building and applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in the Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall 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 all Building systems (includingLandlord 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 for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of the Lease, Landlord shall have the right, but not limited tothe obligation, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of to provide Tenant with written notice from Lessee describing such defect, unless thereof and to assume the defect constitutes an emergency, in which case Lessor shall Tenant Maintenance Obligations if Tenant does not cure the defect as quickly as possible, but not later than five (5) Tenant’s failure within 15 days after receipt of such notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessor.
Appears in 1 contract
Maintenance. a. During The Lessor warrants that the Term, Lessee will maintain the non-structural portions of the Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundationsfoundation, exterior walls, structural condition of interior bearing walls, exterior and wood roof fire sprinkler and/or standpipe structure shall be free from defects in material and hose workmanship until such times as any of these structural systems have been altered or other automatic fire extinguishing systemmodified by Lessee. In the event, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs of the occurrence of any such defect during the warranty period and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after upon receipt of written notice from Lessee describing Lessee, Lessor shall promptly commence and diligently prosecute to completion such repairs as are necessary to correct such defect, unless . Except for the defect constitutes an emergency, in which case aforegoing Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairswarranties, Lessee may do soshall maintain and preserve the Demised Premises, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal coststhe interior and exterior of the Building thereon in good and clean condition making all repairs, engineering feesreplacements and restorations necessary for such maintenance and preservation: including, permit fees without limitation, tuckpointing, painting, glass replacement, glazing, caulking and construction costs) the repair, replacement and improving restoration of the Relocation so that it is fully compatible for the Lessee’s useroof covering, docks, landscaping and, parking areas. All repairs, replacements and restorations shall be in Lessee’s reasonable determination;
iii. Lessor gives Lessee quality at least thirty (30) days 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 notice prior evidence satisfactory to requiring 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 termination of this Lease, by lapse of time or otherwise, Lessee shall deliver the Demised Premises to relocatethe Lessor in good condition and repair as obtained therein at the commencement of the term of this Lease subject, provided that however, to the loss or damage due to any casualty to the extent actually recovered by Lessor acknowledges under insurance policies to be obtained and agrees that maintained by Lessee as herein set forth and normal wear and tear. Anything herein to the contrary, notwithstanding, Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation suffer any waste t@-occur on the Property during any such Relocation;
v. In Demised Premises and will make every reasonable effort to prevent the event Demised Premises from falling into disrepair; including, without limitation, the prompt performance of a temporary Relocationall repair, upon the completion replacement and restoration obligations of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessoras herein set forth.
Appears in 1 contract
Maintenance. a. During the Termterm of this Lease, Lessee will shall maintain the non-structural portions interior of the Premises in good conditiona first class condition except for damage occasioned by the act of Lessor, reasonable wear and tear and casualty damage exceptedits employees, but excluding any items which are agents or invitees; provided, however, Lessee shall not be excused from its obligations to maintain the responsibility Premises as a result of the act of Lessor pursuant or its employees, agents or invitees if the same is subject to Paragraph 9(b) below.
b. During insurance coverages maintained by Lessee (or insurance coverages that would normally and customarily be carried by a lessee). Notwithstanding anything to the Termcontrary contained herein (except the application of Sections 4 and 5 herein relating to the assessment and payment of Operating Costs including those costs associated with the following), Lessor shall maintain, in good operating condition be solely responsible for maintenance and repairrepair of the Common Areas, the exterior of the Building including the roof, foundation and all structural elements of the Building and the PremisesBuilding; provided, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairshowever, Lessee may do soshall be responsible to reimburse Lessor for the costs associated with the same in accordance with the terms and conditions as generally set forth within Sections 4 and 5 herein, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s optionfollowing sentence. In the event of an emergencyit becomes necessary to replace the roof, Lessee, at its option, may foundation or structural elements or make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject major repair to the terms roof, foundation or structural elements, the cost of this provisionwhich would normally be amortized under generally acceptable accounting principles, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in this Section 9, the case cost of such replacement or repair shall be amortized over the estimated useful life of the replacement or the repair as reasonably determined by the outside accountants for Lessor, and Lessee shall only be obligated to pay that portion of the cost of the replacement or repair attributable to the remainder of the then applicable term, and upon exercise of a temporary relocationsubsequent renewal term, that renewal term. Further, Lessor performing maintenanceshall warrant all improvements on the Premises (exclusive of tenant improvements constructed by Lessee) for a term of one year after the Commencement Date and shall make all repairs resulting from defective design, repair workmanship or similar work materials during that period. Further, Lessor shall, at the Property or in the Buildingrequest of Lessee, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with process any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorwarranty claims under applicable warranties.
Appears in 1 contract
Maintenance. a. During LANDLORD agrees to do any maintenance or structure repairs that are needed to the TermUNIT. TENANT agrees to keep the UNIT clean, Lessee will maintain the non-structural portions neat and safe. LANDLORD shall act with customary due diligence to:
(a) keep Common Areas of the Premises in good conditionPROPERTY (but not the UNIT, reasonable wear and tear and casualty damage excepted, but excluding any items which are shall be the responsibility of Lessor pursuant TENANT) reasonably clean;
(b) maintain fixtures, furniture, hot water, heating, and A/C equipment;
(c) substantially comply with applicable federal, state, and local laws regarding safety, sanitation, and fair housing; and
(d) make all reasonable repairs, subject to Paragraph 9(b) below.
b. During TENANT’S obligation to pay for damages for which TENANT is liable. LANDLORD may temporarily turn off equipment and/or interrupt utilities to the TermUNIT and/or the PROPERTY to avoid property damage or to perform work requiring such interruption as determined in LANDLORD’s sole judgment. LANDLORD will not be liable for any inconvenience, Lessor shall maintaindiscomfort, in good operating condition disruptions or interference with TENANT’s use of the PROPERTY because LANDLORD is making repairs, alterations or improvements to the UNIT or the PROPERTY. If TENANT requests any repairs, and repairLANDLORD approves such request, the structural elements repairs will be done during LANDLORD’s usual working hours unless TENANT requests in writing that such repairs be done during other hours and such request is approved by LANDLORD. If LANDLORD approves such request TENANT will have to pay in advance any additional charges resulting from such request. TENANT agrees to take reasonable steps in order to prevent or minimize the growth of mold and mildew within the UNIT. To prevent or minimize the occurrence and growth of mold in the UNIT, TENANT hereby agrees to the following: TENANT is responsible for replacing the HVAC filter at least four times during the lease TERM at TENANT’s expense. TENANT may purchase filters from LANDLORD at a cost of $5.00 each. TENANT shall (a) remove any visible moisture accumulation in or on the UNIT, including on walls, windows, floors, ceilings, and bathroom fixtures, (b) mop up spills and thoroughly dry affected area as soon as possible after occurrence, (c) use exhaust fans in kitchen and bathroom when necessary, and (d) keep climate and moisture in the UNIT at reasonable levels. TENANT shall clean and dust the UNIT regularly, and shall keep the UNIT, particularly the kitchen and bath, clean and dry. Any water leak, excessive moisture, or standing water inside the UNIT or any Common Areas. Mold or mildew growth in or on the UNIT that persists after TENANT has tried to remove it with an appropriate household cleaning solution, such as Lysol or Pine-Sol disinfectants, Tilex Mildew Remover, or Clorox, or a combination of water and bleach. A malfunction in any part of the Building and the Premisesheating, and all Building systems (includingair-conditioning, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect system in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of noticeUNIT. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof TENANT shall be payable liable to LANDLORD for damages sustained to the UNIT or the PROPERTY caused by Lessor TENANT’s failure to Lessee on demand together comply with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provisionsection, upon request and LANDLORD shall not be liable for any damages sustained to TENANT’s person or property as a result of any such failure. TENANT is responsible for all pest control, except that LANDLORD shall provide an initial pest control treatment if the need for such treatment is reported to LANDLORD in writing within 10 days after move-in. If LANDLORD incurs the cost of pest control in the UNIT or the PROPERTY as a result of the Lessoractions or inactions of any tenant in the UNIT, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on all tenants in the Property, hereinafter referred to as a “Relocation,” UNIT shall be responsible for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorcost thereof.
Appears in 1 contract
Sources: Residential Lease Agreement
Maintenance. a. During the Term(a) Except for Lessor Capital Repair Items as defined in Section 8.2(c), Lessee will maintain shall make and perform all day-to-day maintenance and repairs at the nonProperty (including the Improvements). Such day-structural portions to-day maintenance and repair shall include by way of illustration and not limitation maintenance and repair of the Premises 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 all such repairs to the Property (including the Improvements) and shall keep the Property clean, neat, safe, sanitary, and in good order, repair and condition, reasonable 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 and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant . Any service contracts entered into by Lessee with respect to Paragraph 9(bLessee’s maintenance obligations under this Section 8.2(a) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s optionsole 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 that any Lessee Capital Repair Item has reached the end of an emergencyits functional or economic life and is in need of being replaced rather than repaired or maintained, Lesseethen the same shall be replaced, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.as set forth below:
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in If the case replacement of a temporary relocationLessee Capital Repair Item occurs during the Base Term of this Lease, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until then Lessee shall have had a reasonable opportunity arrange for such work to effect a Relocation as described herein;
iv. be timely performed and at ▇▇▇▇▇▇’s use sole cost and expense.
(ii) If the replacement of a Lessee Capital Repair Item occurs after the Base Term of the Lease, then the same 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 complete the Premises repairs and replacements of Lessee Capital Repair Items for which it is not interrupted 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 diminished during the Relocation potential interference with ▇▇▇▇▇▇’s business, provided that Lessee shall cause such repairs and Lessee is allowed, if necessary, replacements to be done in a good and worker-like manner and in compliance with all Applicable Laws (subject to Lessee’s reasonable determination, right to place a temporary installation on contest the Property during applicability of any such Relocation;
v. In the event law or regulation). Lessee shall from time to time notify Lessor of a temporary Relocation, upon the completion of Lessee Capital Repair Items that have been repaired or replaced.
(c) Lessor shall be responsible, at its cost, for any maintenance, repair or similar work replacement (of the whole 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, as set forth in Section 8.2(b) above, in 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 footings of the Improvements. Lessee shall 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 Lessor, Lessee is permitted an Inspecting Party set forth in Section 15.1) to return the Property to its original location from enable Lessor to evaluate the temporary location with all reasonable costs need for the same being paid repair or replacement identified by ▇▇▇▇▇▇. If Lessor does not agree that any such Lessor Capital Repair Item is in need of repair or replacement or that such item is not a Capital Repair, then Lessor shall so notify Lessee in writing within ten (10) days of Lessor; and
vi. In the event ’s receipt of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at notice, including the new location is operational, any reasonable costs associated with removing reasons therefor. If Lessee and Lessor cannot reach agreement as to the repair or restoring replacement of the original location shall be paid by Lessor.Lessor Capital Repair Item in question or as to the nature of the repair (i.
Appears in 1 contract
Sources: Lease Agreement
Maintenance. a. During Tenant shall, during the Termterm of this Lease, Lessee keep said Premises and appurtenances (including all appliances and facilities, doors and doorways, windows, window frames, plate glass, and the beating and air conditioning system) in good order and condition and will make or pay for its proportionate share of all necessary repairs thereto, and further, with respect to the heating and air conditioning system, while Landlord will make available to Tenant any warranties with respect to said equipment which Landlord receives, Tenant will be responsible at the expiration of the warranty period, if any, for maintaining a maintenance contract on said equipment with a heating/air conditioning contractor acceptable to Landlord. While Tenant is responsible for keeping its Premises in good order and repair, Landlord specifically agrees that it will make any necessary repairs to the exterior wills of the building of which th▇ ▇▇emises are a part and to the roof of said building, and further, that Landlord will maintain the non-structural portions plumbing and electrical systems serving said building to the point of entry into the Premises, after being notified of the need for such repairs by Tenant, and provided that none of the required repairs have been caused by the negligent act or omission of Tenant, its employees or agents. Landlord may enter the Tenant's Premises at all reasonable times to make repairs required hereunder, or to inspect the Premises in order to ascertain that Tenant is carrying out its obligations with respect to maintenance/repair. Tenant will also not obstruct any walkways made available to it. The Tenant will, at the expiration of the term or at the sooner termination thereof by any forfeiture or otherwise, deliver up the Premises in the same good conditionorder and condition as they were at the beginning of the tenancy, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessor.
Appears in 1 contract
Maintenance. a. During Lessee, at Lessee's sole cost and expense, shall keep and maintain the Termentire 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 will shall at all times maintain the non-structural portions 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 condition, appearance and repair, reasonable wear and tear and casualty damage excepted. Notwithstanding the foregoing, but excluding any items which are however, if requested by the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three six (36) business days following such emergency.
c. Subject months after termination of this Lease for any reason, Lessee shall demolish and remove the Improvements and all trash and debris, grade the Leased Premises and deliver the Leased Premises to the terms Lessor in a neat, clean, graded, level and safe condition. Lessee’s obligations under this Section shall survive the termination of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International AirportLease. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessor.DRAFT
Appears in 1 contract
Sources: Ground Lease
Maintenance. a. During The provisions of Section 10B of the TermLease to the contrary notwithstanding, Lessee will Sublessor shall maintain in effect the non-structural portions HVAC service contract and shall make any repairs required in connection therewith, Sublessee shall pay to Sublessor Sublessee's Prorata Share of any costs arising in connection with the maintenance or repair of the HVAC within fifteen (15) days following receipt of written demand for payment from Sublessor. The reference to Landlord in the last paragraph of Section 10B of the Lease shall refer to "Lessor". The provisions of the Lease to the contrary notwithstanding, (a) Sublessee shall not make any alterations, additions, or modifications to the Premises without the prior written consent of Sublessor, and (b) Except as expressly agreed in this Sublease, Sublessor shall have no obligation to repair or replace all or any part of the Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which it being understood by the parties that such obligations are Lessors under the responsibility of Lease or Sublessee's under this Sublease. In the event Lessor pursuant fails to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, repair or otherwise provide those services required to be performed by Lessor under the structural elements of the Building and Lease with respect to the Premises, and all Building systems (includingSublessor, but not limited tofollowing written notice by Sublessee, shall request such performance by Less▇▇. In the foundationsevent Sublessor incurs any costs in connection with the replacement of the HVAC as provided in Section 10C of the Lease, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor Sublessee shall repair any defect in the above pay to Sublessor within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make billing, as Additional Rent, its Prorata Share of a portion of the cost of the HVAC replacement, which portion shall be calculated by multiplying such repairs, Lessee may do so, replacement cost by a percentage expressed as a fraction the numerator of shall be the number of calendar months remaining in the Sublease Term at the time of replacement of the HVAC and the reasonable cost thereof denominator shall be payable by Lessor to Lessee on demand together with interest thereon from the date number of payment at calendar months in the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject useful life to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessor.HVAC
Appears in 1 contract
Sources: Consent of Landlord to Proposed Sublease (Ag Associates Inc)
Maintenance. a. During the TermTenant(s) shall properly use, Lessee will maintain the non-structural portions of the Premises in good conditionoperate and safeguard Premises, reasonable wear including if applicable, any landscaping, furniture, furnishings and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premisesappliances, and all Building systems (includingmechanical, but not limited toelectrical, gas and plumbing fixtures, and keep them and the foundationsPremises clean, exterior wallssanitary and well ventilated. Tenant(s) shall be 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, structural condition in writing, of interior bearing wallsany problem, exterior roof fire sprinkler and/or standpipe malfunction or damage. Tenant(s) shall be charged for all repairs or replacements caused by Tenant(s), pets, guests or licensees of Tenant(s), excluding ordinary wear and hose tear. 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 other automatic fire extinguishing systemstoppages, fire hydrants, parking lots, walkways, parkways, drivewaysunless caused by defective plumbing parts or tree roots invading sewer lines.
A. ☐ Landlord ☐ Tenant(s) shall water the garden, landscaping, fencestrees and shrubs, signs except:
B. ☐ Landlord ☐ Tenant(s) shall maintain the garden, landscaping, trees and utility systems serving 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 common areas), right to hire someone to perform such maintenance and charge Tenant(s) to cover the common areas and the Generator. Lessor shall repair any defect cost of such maintenance.
E. The following items of personal property are included in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but Premises without warranty and Landlord will not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenancemaintain, repair or similar work replace them during Residents’ tenancy. However, these items must stay on the premises in the working, or otherwise, condition in which they were at the Property time of Tenant(s) move in date. Removal or in disposal of items is prohibited. Any such actions will warrant the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order Landlord to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment make an estimate as to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocationfair market value of said items, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location their cost for replacing will be deducted from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessor.Tenant(s) security deposit:
Appears in 1 contract
Sources: Residential Lease Agreement
Maintenance. a. During the Term, Lessee will Lessor shall maintain the non-structural portions foundation, outer walls, and roof of the Premises Building in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, except that Landlord shall not be required to make any repairs occasioned by the structural elements negligent act or omission of Lessee or Lessee's agents or employees. Lessee shall make all repairs and replacements to the Building Premises not expressly assumed by Lessor under this Lease, and shall keep all portions of the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal coststhe interior of the Premises and the wiring and plumbing systems and conduits, engineering feesexterior doors, permit fees windows and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s usewindow 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 directives, rules, and regulations of governmental agencies having jurisdiction over the Premises or Lessee’s reasonable determination;
iii's use thereof. Lessor gives Notwithstanding anything contained herein to the contrary, Lessee shall, at least its sole cost and expense, maintain and keep the heating, ventilating and air conditioning systems, apparatus and equipment (the "HVAC Systems") in good condition and repair during the entire term of this Lease. Within thirty (30) days written notice prior of the date Lessee takes possession of the Premises, Lessee shall enter into a maintenance contract, requiring at least bimonthly service with a reputable and licensed full service HVAC maintenance firm, for the routine maintenance and servicing of the HVAC Systems. Lessee shall furnish Lessor with a copy of the then current maintenance contract. Lessor shall have the specific right to requiring Lessee annually inspect, or have inspected, the HVAC equipment, and if in Lessor's reasonable judgment such equipment is not being properly maintained, Lessor shall have the right to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance give notice to effect a permanent RelocationLessee of such, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use may, at the Premises is not interrupted or diminished during expense of the Relocation and Lessee is allowedLessee, if necessary, undertake to make such repairs as are necessary to put the HVAC equipment in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorgood condition.
Appears in 1 contract
Sources: Lease Agreement (Neogen Corp)
Maintenance. a. During the Termterm of this lease, Lessee will Lessee, at its own cost and expense, shall keep and maintain the non-structural portions of the Leased Premises in good condition, reasonable wear and tear all buildings and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintainimprovements thereon, in good operating order, condition and repair, hereby waiving all rights to make repairs at the structural elements 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 Building Leased Premises in the event said replacements are necessary. Lessee shall have the right at its sole cost and 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, provided, however, that no structural alterations shall be made without first obtaining the written consent and all Building systems (includingapproval of the Lessor as to the proposed plans and specifications, but which consent and approval Lessor agrees will not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe be unreasonably withheld and hose further provided that any alterations or improvements shall be done expeditiously and in a good and workmanlike manner. Lessee agrees to provide Lessor with a performance bond or other automatic fire extinguishing systemsecurity 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, fire hydrantsreplacements, parking lotsor maintenance as herein provided, walkwaysLessor, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within after giving Lessee thirty (30) days' written notice, or such shorter period as may be required shall have the right to do the same and all amounts so expended by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure be deemed additional rental, to be due and owing at the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make time the next rental payment is due following the date that such repairs, Lessee may do soreplacements, or maintenance have been done by the Lessor. Any and all alterations, repairs, replacements, and additions that are made by either party shall immediately become the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request property of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessor.
Appears in 1 contract
Sources: Net Lease (United Auto Group Inc)
Maintenance. a. During the TermThe upkeep, Lessee will maintain the non-structural portions maintenance and management of the Premises in good condition, reasonable wear building and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), maintenance, operation and upkeep of plant and machinery shall be organized by the DEVELOPER or its nominated Maintenance Agency. All such costs, expenses (hereinafter referred as “CAM”) common areas area maintenance, accruals to or provisions shall be borne and paid by the Generator. Lessor shall repair any defect VENDEE to the extent of its share in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of noticesaid building. If Lessor fails to make such repairs, Lessee may do so, The charges so fixed and the reasonable cost thereof payable every month shall be payable apportioned per square feet by Lessor the DEVELOPER to Lessee on demand together with interest thereon from which the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s optionVENDEE hereby agrees to accept as final and binding. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject Such charges would be billed to the terms VENDEE by the DEVELOPER/Maintenance Agency every month at actuals. The charges so fixed shall be reviewed annually. It is clarified that Maintenance Charges shall be exclusive of this provisionwater, upon request of electricity and other consumables for which separate bills shall be raised by the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms DEVELOPER/Concerned Agency/Department/ Maintenance company and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorthe VENDEE/Lessee as stipulated herein.
(I) DEVELOPER OR its Nominee shall maintain the building from amounts received as CAM charges from the owners and occupiers of building. DEVELOPER at any time, can make a maintenance association of owners and occupiers of building and hand over the maintenance of the building to the same.
(II) All expenses of consumable nature shall be billed every month as per actual consumption to each VENDEE and the same shall become payable within 7 days of its intimation.
(III) The VENDEE shall enter into a separate maintenance agreement (The “Maintenance agreement”) with maintenance agency as may be designated in this regard (the “Designated Mainnatnece Agency”) by the DEVELOPER, in accordance with the provisions of applicable Law, for the maintenance of common areas and facilities in the said building. VENDEE shall pay necessary charges including security deposit for such maintenance and such arrangement will continue untill service are handed over to Residents Welfate Association (RWA). The VENDEE further undertakes to sign and execute the Maintenance agreement and to abide by the terms and conditions of the same. Till the time same is not executed Allottee is bound by the terms and conditions of maintenance to the unit as mentioned in this agreement. The intending VENDEE agree and consent
Appears in 1 contract
Sources: Agreement to Sale
Maintenance. a. During the Term, Lessee will Tenant(s) shall use and maintain the non-structural portions Premises in accordance with applicable police, sanitation, and all other regulations imposed by governmental authorities. Tenant(s) also shall maintain the Premises in a neat and orderly manner. Tenant(s) will observe all reasonable regulations and requirements of underwriters concerning use and condition of the Premises tending to reduce fire hazard and insurance rates. Tenant(s) shall indemnify the Landlord(s) for the repair of all damages to the Premises and structure of which they are a part, including fire and flood damage, caused by Tenant(s), their guests or invitees; they shall reimburse Landlord(s) for all permit, inspection, and certification costs it incurs because of their noncompliance with this lease or applicable laws; and they shall reimburse Landlord(s) for all damages resulting from not reporting the need for repair or maintenance in good condition, reasonable wear a reasonably timely manner. Nothing in this clause shall waive or lessen Landlord(s)’s obligation to maintain and tear and casualty damage exceptedrepair the Premises under Michigan law, but excluding Landlord(s) is not liable for any items which are loss that accrues to Tenant(s) because of Landlord(s)’s actions in reasonably fulfilling its obligations hereunder. It shall be Tenant(s)’ responsibility to clear all snow and ice from the driveway, porch steps and sidewalk and maintain the same free from all ice and snow during a reasonable time after an accumulation of two inches of snow or an accumulation of ice; this would include the Tenant’s duty to salt and shovel all paved areas and sidewalks on or adjacent to the Premises. Landlord may agree to provide some snow removal services, but the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During maintain safe conditions in or around the Term, Lessor Premises shall maintain, in good operating condition and repair, be the structural elements exclusive responsibility of the Building Tenant. Any failure to maintain the Premises in a safe manner that results in injury to tenants, occupants, guests or invitees shall be the sole responsibility of the Tenant to the extent that Landlord is not insured for any loss. Tenant(s) assume all liability with respect to snow and ice accumulation on the Premises and any other dangerous conditions permitted to remain by them on the Premises. As indicated here, Tenant shall be required to pay for maintenance and repairs for the first $125 of each occurrence and the PremisesLandlord shall be responsible for any repair expense over said designated sum unless the cause of the repair is caused by the tenant(s)’ conduct, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areasaction(s), inaction(s), failure to timely notify of an obvious condition necessitating expeditious notification to Landlord of the common areas need for maintenance or repair of a condition; if the latter circumstance(s) exist, tenant(s) shall be responsible for the entirety of the maintenance or repair expense. If the contractor is engaged by the Tenant, it must be pre-approved by the Landlord unless exigent circumstances exist. In order for tenant to be entitled to reimbursement for any payments advanced by tenant, tenant must obtain and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after furnish a receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject performed work to the terms of this provisionLandlord and have written pre- approval by landlord. Tenant authorizes Landlord to register tenant as a responsible party for any trash, upon request litter, weed or grass cutting code violations. Any code violation that was caused by the Tenant is grounds for termination of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorlease.
Appears in 1 contract
Sources: Residential Lease Agreement (Wahed Real Estate Series 1 LLC)
Maintenance. a. During Tenant shall, at its sole cost and expense, keep the Term, Lessee will maintain the non-structural portions of the Premises Generator in good condition, reasonable wear working order and tear repair in accordance with recognized industry standards for comparable equipment and casualty damage excepted, but excluding any items which are keep the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During Generator Site neat and clean. Tenant shall contract with the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose manufacturer or other automatic fire extinguishing systemqualified vendor approved by Landlord, fire hydrantswhich approval shall not be unreasonably withheld, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving to perform the common areas), the common areas and required maintenance for the Generator. Lessor Tenant must provide Landlord with records of all maintenance performed on the Generator, including, without limitation, all test results and run conditions, copies of the results of all inspections and tests, routine or otherwise, and reports of any preventative maintenance, repairs, or upgrades to the Generator. Tenant must cause the manufacturer or other qualified vendor approved by Landlord to inspect the Generator no less than once per calendar year and must provide Landlord with a copy of the results of such inspection. Landlord may observe all maintenance, repairs, or upgrades to the Generator. Tenant shall repair conduct its business and use commercially reasonable efforts to control its agents, representatives, and contractors in such manner as not to create any defect nuisance, or interfere with, annoy or disturb users of the parking areas or any other tenant of the Project or Landlord in its operation of the above Project. Landlord shall have no obligation to license, maintain, operate or safeguard the Generator. If Landlord notifies Tenant of any necessary repairs and Tenant does not make such repairs within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, days after Tenant’s receipt of written notice from Lessee describing such defectnotice, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to Landlord may make such repairs, Lessee may do so, and Tenant shall pay Landlord for the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction including labor costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least within thirty (30) days written notice prior of receipt of an invoice from Landlord; however, if Tenant has commenced, but is unable to requiring Lessee to relocatecomplete, provided that Lessor acknowledges curing such deficiencies within the thirty (30) day period and agrees that Lessee will require longer advance notice to effect is diligently pursuing a permanent Relocationcure, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee Tenant shall have had a reasonable opportunity period of time thereafter in which to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any cure such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessordeficiency.
Appears in 1 contract
Maintenance. a. During (A) It is the Termintention of the parties that this is a "triple net" lease; that is, Lessee will maintain the non-shall pay any and all taxes, assessments, costs of insurance, costs of repairs including interior and exterior [excluding those structural portions of the Leased Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are to be maintained by Lessor in accordance with Section 8 (B) hereof, provided such structural repairs are not necessitated because of Lessee's acts] and all operating and maintenance expenses and costs with respect to the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Leased Premises, including taxes, assessments, costs and expenses of every nature except as specifically otherwise provided for in this Lease. Except for items of maintenance covered by the guarantees provided for in this Lease and except for structural repairs which are to be made by Lessor, as hereafter provided in Section 8 (B) hereof (unless necessitated by Lessee's acts), Lessee agrees, at its own expense, to make all Building systems (includingnecessary repairs to the Buildings, including but not limited to, all interior and exterior portions thereof and to do all other necessary maintenance in connection with the foundationsLeased Premises while this Lease is in effect (commencing on [*]) to the end that the Leased Premises are kept and maintained in a good and safe condition at all times. Lessee also agrees, from and after [*], to perform and pay for all maintenance and repair expenses with respect to all lawn, yard, shrubbery, snow removal and sprinkler system charges. Lessee further agrees at its own expense to maintain or replace all minor and major components of or entire systems of the Leased Premises, such as the plumbing, electrical, heating and air conditioning, if any, to the end that such components and systems are in good operating condition at all times. Notwithstanding the foregoing to the contrary, Lessor warrants that with respect to the existing roofs, plumbing, electrical, heating, dock doors, air conditioning and other operating systems and building and site components which are not to be replaced by Lessor pursuant to Section 1 hereof, the same shall be in good working condition as of [*], and the parties shall conduct a walk-through on or about [*], in order to prepare a punch list of any defects in such systems that will be promptly repaired by Lessor. [*] omitted, confidential material, which material has been filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment.
(B) Lessor shall, during the entire term of this Lease and at its sole cost and expense, keep and maintain in good order, condition and repair the roofs, exterior walls, foundations and other structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request portions of the LessorBuildings unless necessitated by the acts or negligence of Lessee or Lessee's employees, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary agents, invitees, sublessees or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorcontractors.
Appears in 1 contract
Sources: Lease Agreement (Amazon Com Inc)
Maintenance. a. During TENANT agrees that they have fully inspected the Term, Lessee will premises and accepts the condition of the premises in "as is" condition with no warranties or promises express or implied. TENANT shall maintain the non-structural portions of premises in good, clean and tenantable condition throughout the Premises tenancy, keep all plumbing fixtures in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building use all electrical, plumbing, heating, cooling, appliances and the Premisesother equipment in a reasonable manner, removing all garbage in a clean and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s optionsanitary manner. In the event of an emergencyTENANT or TENANT'S guests or invitees cause any damage to the premises, Lessee, LANDLORD may at its optionoption repair same and TENANT shall pay for the expenses of same on demand or LANDLORD may require TENANT repair same, may make such repairs all charges incurred as additional rent. TENANT shall be fully responsible for, and agrees to maintain and repair at Lessor’s TENANT'S expense, before giving the following: A/C FILTERS, EXTERMINATION, LOCKS/KEYS, SCREENING, SMOKE ALARM(S), LIGHT BULBS, PLUMBING BACKUPS CAUSED BY TENANT. In the event a major repair to the premises must be made which will necessitate the TENANT'S vacating the premises, LANDLORD may at its option terminate this agreement and TENANT agrees to vacate the premises holding LANDLORD harmless for any damages suffered if any. TENANT shall notify LANDLORD immediately of any maintenance needed or repair in writing. TENANT agrees that they shall immediately test the smoke detector and shall maintain same. TENANT shall be required to vacate the premises on 7 days' written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provisionif neccessary, upon request for extermination. When vacation of the Lessorpremises is required for extermination, ▇LANDLORD shall not be liable for damages but shall ▇▇▇▇▇ agrees to relocate its equipment on a temporary the rent. A fee will be charged if LANDLORD must remove trash, furniture or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location other debris from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorpremises.
Appears in 1 contract
Sources: Lease Agreement
Maintenance. a. During (a) Subject to the provisions of Section 18, Tenant shall, at Tenant's sole cost and expense, during the entire Term, Lessee will keep and maintain the non-structural portions of in good order, condition and repair the Premises in good conditionand every part thereof, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundationsall plumbing, exterior sewage, fixtures, interior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areasstorefront(s), the common areas all electrical facilities and the Generator. Lessor shall repair equipment, lighting fixtures, lamping, fans and electrical motors, all other appliances and equipm▇▇▇ ▇▇ every kind and nature, sprinkler equipment (if any), and any defect other mechanical systems in the above within thirty (30) daysPremises. Tenant's obligations shall include, or 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 shorter period replacements as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do sonecessary, and the reasonable cost thereof shall become due and payable as additional rent by Tenant to Landlord upon demand, but nothing in this sentence contained shall be payable deemed to impose a duty upon Landlord or affect in any manner the obligations placed upon Tenant by Lessor this Section 11. Any such entry by Landlord shall not be deemed to Lessee on demand together with interest thereon from the date be an eviction of payment Tenant.
(b) Tenant shall provide for (at the greater of (i) ten percent (10%) per annum, or (iiTenant's cost and expense as hereinafter set forth) the highest rate permitted by applicable Lawsmaintenance, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request repair and replacement of the Lessorheating, ▇▇▇▇▇▇ agrees to relocate its ventilating and air conditioning equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (iHVAC) in the case Premises.
(c) Tenant shall furnish (at Tenant's costs and expense as hereinafter set forth) trash and garbage receptacles and the removal of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms trash and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location garbage from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessorsaid receptacles.
Appears in 1 contract
Sources: Lease Agreement (Dominion Homes Inc)
Maintenance. a. During Notwithstanding Section 8 of the Termrental contract, Lessee will the following provisions shall apply:
8.1. The tenant shall continuously maintain the non-structural portions rental property in a condition that corresponds to orderly management. The tenant shall carry out the maintenance (inspection, maintenance and repair) of the Premises following items at their own expense: a) inspection of the electrical equipment installed by the tenant or by the landlord at the request of the tenant in good conditionaccordance with the relevant German Association of Electrical Engineers (VDE) regulations every 4 years in the case of fixed installations and every 2 years in the case of portable electrical devices. b) items that the landlord has installed at the request of the tenant or the tenants themselves; c) glass panels, reasonable wear mirrors and tear light sources; d) all systems belonging to the rental property (in particular windows, sun protection systems; doors, locks and casualty damage exceptedlocking systems; b▇▇▇, door intercom and door opening systems; power and lighting systems; supply and disposal lines; washing and toilet facilities; heating and cooking facilities, boilers, intermediate meters, shut-off valves and hands wheels on the radiators and other facilities), whereby the tenant shall bear the costs of inspection and maintenance work in full. In the case of maintenance and repair work, the tenant shall bear the costs insofar as the individual measure does not exceed € 1000.00 net and the total individual measures does not exceed € 50,000.00 net, but excluding any items not more than 9% of the annual net rent per calendar year. The tenant shall contribute to major repairs of the aforementioned installations, which are the responsibility of Lessor pursuant the landlord, in the amount specified in Section 7 (1) of the rental contract. These amounts shall increase to Paragraph 9(b) belowthe same extent as the rent.
b. During 8.2. In the Termcase of faults whose remedy is the responsibility of the tenant, Lessor they shall maintainadditionally bear the costs of finding the fault; otherwise the landlord shall reimburse the tenant for these costs.
8.3. The tenant shall carry out their maintenance measures immediately. If they fail to comply with this obligation within a reasonable period despite a written reminder, in good operating condition and the landlord may have the necessary work carried out at the expense of the tenant. No reminder or deadline is required to eliminate existing risks.
8.4. Insofar as the tenant is responsible for the repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor landlord shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject assign to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and tenant claims against third parties in connection with relocating Lessee’s equipment to the Relocation (includingrepair services.
8.5. If necessary, without limitationthe tenant shall carry out cosmetic repairs at regular intervals. The work must meet the quality standard of the relevant specialist trade. Cosmetic repairs include in particular the painting or wallpapering and painting of ceilings and walls, legal coststhe interior painting of windows and the painting of doors/frames, engineering feesradiators, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowedsurface-mounted water pipes and, if necessary, any built-in Lessee’s reasonable determination, to place a temporary installation furniture. Depending on the Property during any such Relocation;pre-treatment, natural wood may only be waxed, oiled or painted with transparent varnish or glaze.
v. In 8.6. The landlord shall carry out the event of a temporary Relocationcosmetic repairs in the sanitary facilities that may be made available for joint use as required, upon generally every three years. The tenant has to bear the completion of any maintenance, repair or similar costs proportionately with the other users entitled to joint use. Paragraphs 1 and 7 shall apply mutatis mutandis to the maintenance in these premises with the provision that the work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid carried out by Lessorthe landlord, whereby the tenant shall bear the costs proportionately.
8.7. The tenant shall have the water heaters in the premises which they have rented serviced, cleaned and descaled annually by a specialist company. The tenant must provide evidence of this on request of the landlord.
8.8. If damage or unusual contamination is caused by the tenant, their relatives, employees, suppliers, customers or agents in the building, courtyard, thoroughfare, corridors, stairways, elevators, service areas or similar, the tenant must carry out the necessary cleaning or repair without being asked or is obliged to pay the costs if the landlord carries out the work.
Appears in 1 contract
Sources: Rental Contract for Commercial Premises (CureVac B.V.)
Maintenance. a. During Lessee covenants throughout the TermTerm of this Lease, Lessee will at its sole cost and expense, to keep and maintain the non-structural portions Leased Premises and all fixtures, equipment and systems therein, including all plumbing, backflow preventers, neutralization tank(s) (subject to Paragraph 29 hereof), sprinkler, heating, air conditioning, electrical and gas fixtures, systems and equipment, all ceiling, doors and door frames, window glass and window frames, carpeting and flooring, inside walls of the Premises Leased Premises, in good repair and condition, reasonable subject to ordinary wear and tear and damage by casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant (subject to Paragraph 9(b) below.
b. During 19 hereof), making all repairs thereto as may be required. Lessor will deliver the Term, Lessor shall maintain, Leased Premises in good operating condition order on the Commencement Date, subject, however, to ordinary wear and repairtear by the current tenant Zycos, Inc. and by Lessee, as Zycos, Inc.'s subtenant. With respect to the structural elements heating, ventilating and air conditioning ("HVAC") systems and equipment, Lessee shall obtain and maintain in force during the Term of this Lease a maintenance contract with a reputable HVAC service contractor so as to insure that the Building HVAC systems and the Premisesequipment are maintained on a regular, and all Building systems (preventive basis, including, but not limited to, regular changes of filters and belts, and regular preventive maintenance checks of refrigerant and pumps. Lessee shall not permit the foundationsLeased Premises to be overloaded, exterior wallsdamaged, structural condition punctured, stained, stripped or defaced, nor suffer any waste. Lessee shall obtain Lessor's written consent before erecting any sign on the Leased Premises, except that Lessor agrees that Lessor will provide to Lessee signage space on the existing signage board(s) located outside the Building and shall reimburse Lessee for Lessee's reasonable one-time cost of interior bearing wallsinstalling Lessee's sign on the front of the Building. All of Lessee's signage shall conform to the existing signage styles. Notwithstanding the above, exterior roof fire sprinkler and/or standpipe Lessee and hose or other automatic fire extinguishing systemLessor shall share equally (50/50) the entirety of any capital expenditure related to plumbing, fire hydrantsBuilding backflow preventers, parking lotssprinkler, walkwaysheating, parkwaysair conditioning, drivewayselectrical and gas fixtures, landscapingsystems and equipment (excluding (a) regular maintenance and repair, fences(b) replacement items which cost less than $500.00, signs and utility systems serving (c) items under maintenance contracts) which cost in the common areas)aggregate up to ten thousand and 00/100 dollars ($10,000.00) per year, the common areas with Lessor paying any excess over ten thousand dollars and the Generator00/100 ($10,000.00) per year. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, oragrees, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s 's sole cost and expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to maintain and repair the terms roof and structure of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that the same condition as it is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted commencement of the Term or diminished as it may be put NOVIRIO LEASE AUGUST 21, 2001 in during the Relocation Term of this Lease, reasonable tear and Lessee is allowedwear, if necessaryexcepted, in Lessee’s reasonable determination, and damage by fire and other casualty excepted subject to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by LessorParagraph 19 hereof.
Appears in 1 contract
Maintenance. a. During Subtenant shall, at all times during the Term, Lessee will at its sole cost and expense, promptly perform all maintenance and repairs to the interior of the Third Floor Space that are not Master Landlord’s, Sublandlord’s or Tenant’s express responsibility under the Master Lease, Sublease or this Agreement, and shall maintain the non-structural portions interior of the Premises Third Floor Space, including, without limitation, the FF&E, in good conditioncondition and repair, reasonable wear and tear and damage caused by casualty damage 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 excluding 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 items which are the responsibility injury or interference with Subtenant’s business arising from any performance or nonperformance of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and any repair, the structural elements maintenance, alteration or improvement in and to any portion of the Building and the Subleased Premises, and all Building systems 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, (includingi) Tenant, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after upon its receipt of written notice from Lessee describing such defectSubtenant, unless shall use reasonable efforts to enforce all repair and maintenance obligations of Sublandlord under the defect constitutes an emergency, in which case Lessor shall cure Sublease and Master Landlord under the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do soMaster Lease, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) if for any reason Tenant shall be entitled to receive under the highest rate permitted Sublease an abatement of rent as to the Third Floor Space (applicable to any period during the Term) and 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 Third Floor Space or Building caused by applicable Lawsa casualty or condemnation, orSubtenant shall not have the right to terminate this Agreement, at Lessee’s optionand Subtenant shall not be relieved from the performance of any covenant or agreement in this Agreement by reason thereof. In the event of an emergency, Lessee, at Subtenant hereby waives ad releases its option, may right to make such repairs at LessorTenant’s expenseexpense under Sections 1932(1), before giving 1933(4), 1941 and 1942 of the California Civil Code or any written noticesimilar or successor law now or hereinafter in effect. At the end of the Term or earlier termination of this Agreement, but Lessee Subtenant’s surrender obligations under this Agreement shall notify Lessor be deemed satisfied if Subtenant shall deliver the Third Floor Space to Tenant in writing within three (3) business days following such emergency.
c. Subject broom clean condition, free of its personal property, and shall have no obligation to remove any of the FF&E or any Alterations or Tenant Improvements made to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary Third Floor Space by Sublandlord or permanent basis to another location on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation and Lessee is allowed, if necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by LessorTenant.
Appears in 1 contract
Sources: Sub Sublease (Glu Mobile Inc)
Maintenance. a. During the Term(a) Except for Lessor Capital Repair Items as defined in Section 8.2(c), Lessee will maintain shall make and perform all day-to-day maintenance and repairs at the nonProperty (including the Improvements). Such day-structural portions to-day maintenance and repair shall include by way of illustration and not limitation maintenance and repair of maintenance of the Premises HVAC and mechanical systems of the Improvements, the retention pond, private roads, surface and deck parking lots, driveways and walkways and landscaping, 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 good order, repair and condition, reasonable 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 and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant . Any service contracts entered into by Lessee with respect to Paragraph 9(bLessee’s maintenance obligations under this Section 8.2(a) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s optionsole cost. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify also comply with an asbestos operations and maintenance plan adopted by Lessor in writing within three (3) business days following such emergency.
c. Subject as required by Lender with respect to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇ agrees to relocate its equipment on a temporary or permanent basis to another location certain asbestos issues on the Property, hereinafter referred to as a “Relocation,” for the purpose of (i) Property identified in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation in order to comply with any requirement of Federal, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred Environmental Report prepared by ▇▇▇▇▇▇ for Environmental, Inc. dated September 20, 2005 and in connection with relocating Lessee’s equipment referred to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee at least thirty (30) days written notice prior to requiring Lessee to relocate, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocation, and that Lessor shall not expand or otherwise modify the Building in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at ▇ Project #669, provided that such plan is provided to Lessee and reasonably acceptable to Lessee.
(b) Lessor and Lessee anticipate that the Premises is not interrupted or diminished items identified on Schedule 8.2 (the “Lessee Capital Repair Items”) may need repair and/or replacement during the Relocation Base Term, and Lessee is allowedshall repair and/or replace, if necessaryas the case may be, such Lessee Capital Repair Items during the Lease Term (with the expectation that Lessee shall use commercially reasonable efforts to cause such items to be completed during the Base Term), provided that Lessee shall not be obligated to expend more than seven million dollars ($7,000.000) in the aggregate for the repair and/or replacement of all Lessee Capital Repair Items (including without limitation amounts heretofore incurred or expended for any Lessee Capital Repair Item) (the “Cost Limit”). Lessee has commenced and shall complete the repair or replacement of the Lessee Capital Repair Items identified with an asterisk on such Schedule. Lessee shall accomplish such other repairs and replacements of Lessee Capital Repair Items 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 Lessee’s reasonable determinationbusiness, provided that Lessee shall cause such repairs and replacements to place be done in a temporary installation on good and worker-like manner and in compliance with all Applicable Laws (subject to Lessee’s right to contest the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion applicability of any maintenance, repair law or similar work by Lessor, regulation). Lessee is permitted shall from time to return to its original location from time notify Lessor of the temporary location with all reasonable costs for Lessee Capital Repair Items that have been repaired or replaced and the same being paid by Lessor; and
vicost 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 (including reasonable supporting documentation) 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 Lessee 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 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 Lessee, and Lessor shall reimburse or pay to Lessee for the Excess within ten (10) Business Days thereof. If Lessor 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 Lessor (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 permanent Relocationcapital nature a (“Capital Repair”) not identified on Schedule 8.2 (the “Lessor Capital Repair Items”), once including without limitation the Relocation roofs (except to the extent included in the roof repairs currently being undertaken and identified on Schedule 8.2), foundations and footings of the Improvements. Lessee shall give Lessor written notice of any Lessor Capital Repair Item that Lessee has been completed 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 repair or replacement identified by Lessee. If Lessor does not agree that any such Lessor Capital Repair Item is in need of repair or replacement or that such item is not a Capital Repair, then Lessor shall so notify Lessee in writing within ten (10) days of Lessor’s receipt of Lessee’s equipment at notice, including the new location is operational, any reasonable costs associated with removing reasons therefor. If Lessee and Lessor cannot reach agreement as to the repair or restoring replacement of the original location shall be paid by Lessor.Lessor Capital Repair Item in question or as to the nature of the repair (i.
Appears in 1 contract
Sources: Real Estate Sale Contract (Inland American Real Estate Trust, Inc.)
Maintenance. a. During the Term, Lessee will maintain the non-structural portions of the Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of Lessor pursuant to Paragraph 9(b) below.
b. During the Term, Lessor shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas), the common areas and the Generator. Lessor shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from Lessee describing such defect, unless the defect constitutes an emergency, in which case Lessor shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If Lessor fails to make such repairs, Lessee may do so, and the reasonable cost thereof shall be payable by Lessor to Lessee on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws, or, at Lessee’s option. In the event of an emergency, Lessee, at its option, may make such repairs at Lessor’s expense, before giving any written notice, but Lessee shall notify Lessor in writing within three (3) business days following such emergency.
c. Subject to the terms of this provision, upon request of the Lessor, ▇▇▇▇▇▇▇▇ agrees to relocate its do any maintenance or structure repairs that are needed to the UNIT. TENANT agrees to keep the UNIT clean, neat and safe. LANDLORD shall act with customary due diligence to:
(a) keep Common Areas of the PROPERTY (but not the UNIT, which shall be the responsibility of TENANT) reasonably clean;
(b) maintain fixtures, furniture, hot water, heating, and A/C equipment;
(c) substantially comply with applicable federal, state, and local laws regarding safety, sanitation, and fair housing; and
(d) make all reasonable repairs, subject to TENANT’S obligation to pay for damages for which TENANT is liable. LANDLORD may temporarily turn off equipment on a temporary and/or interrupt utilities to the UNIT and/or the PROPERTY to avoid property damage or permanent basis to another location on perform work requiring such interruption as determined in LANDLORD’s sole judgment. LANDLORD will not be liable for any inconvenience, discomfort, disruptions or interference with TENANT’s use of the PropertyPROPERTY because LANDLORD is making repairs, hereinafter referred alterations or improvements to as a “Relocation,” for the purpose of (i) UNIT or the PROPERTY. If TENANT requests any repairs, and LANDLORD approves such request, the repairs will be done during LANDLORD’s usual working hours unless TENANT requests in the case of a temporary relocation, Lessor performing maintenance, repair or similar work at the Property or writing that such repairs be done during other hours and such request is approved by LANDLORD. If LANDLORD approves such request TENANT will have to pay in the Building, or (ii) in the case of a permanent relocation, Lessor expanding or otherwise modifying the Building, or (iii) Lessor requiring the Relocation advance any additional charges resulting from such request. TENANT agrees to take reasonable steps in order to comply with any requirement prevent or minimize the growth of Federalmold and mildew within the UNIT. To prevent or minimize the occurrence and growth of mold in the UNIT, State or Local authorities and/or ensure safe, prudent operations at Burlington International Airport. In all cases, ▇▇▇▇▇▇ shall only agree to a Relocation upon the following terms and conditions:
i. The Relocation is similar to Lessee’s existing location in size and is fully compatible for Lessee’s use, in Lessee’s reasonable determination;
ii. Lessor pays all reasonable costs incurred by ▇▇▇▇▇▇ for and in connection with relocating Lessee’s equipment TENANT hereby agrees to the Relocation (including, without limitation, legal costs, engineering fees, permit fees and construction costs) and improving following: TENANT is responsible for replacing the Relocation so that it is fully compatible for the Lessee’s use, in Lessee’s reasonable determination;
iii. Lessor gives Lessee HVAC filter at least thirty four times during the lease TERM at TENANT’s expense. TENANT may purchase filters from LANDLORD at a cost of $5.00 each. TENANT shall (30a) days written notice prior to requiring Lessee to relocateremove any visible moisture accumulation in or on the UNIT, provided that Lessor acknowledges and agrees that Lessee will require longer advance notice to effect a permanent Relocationincluding on walls, windows, floors, ceilings, and that Lessor shall not expand or otherwise modify the Building bathroom fixtures, (b) mop up spills and thoroughly dry affected area as soon as possible after occurrence, (c) use exhaust fans in a manner that is adverse to Lessee’s communications facility until Lessee shall have had a reasonable opportunity to effect a Relocation as described herein;
iv. ▇▇▇▇▇▇’s use at the Premises is not interrupted or diminished during the Relocation kitchen and Lessee is allowed, if bathroom when necessary, in Lessee’s reasonable determination, to place a temporary installation on the Property during any such Relocation;
v. In the event of a temporary Relocation, upon the completion of any maintenance, repair or similar work by Lessor, Lessee is permitted to return to its original location from the temporary location with all reasonable costs for the same being paid by Lessor; and
vi. In the event of a permanent Relocation, once the Relocation has been completed and Lessee’s equipment at the new location is operational, any reasonable costs associated with removing or restoring the original location shall be paid by Lessor.
Appears in 1 contract
Sources: Residential Lease Agreement