Maintenance. 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term. 4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance. 4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:- (i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord. (ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract. 4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year. 4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts. 4.10.6 To ensure that:- (i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term. (ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates. (iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term. 4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any) 4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut 4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Maintenance. 4.10.1 On or before Lessee shall at its sole cost keep and maintain the date hereof Premises and appurtenances and every part thereof (except foundations which Lessor agrees to enter into contracts (the “Maintenance Contracts”repair), including windows and skylights, if not already existingany, for sidewalks adjacent to said Premises, the regular maintenance exterior roof and servicing exterior walls, and any storefront and interior of the space Premises in good, safe and water heating systems serving the Property sanitary order, condition and the other gas and electrical installations within the Property (“the Installations”) and repair, hereby waiving all right to make repairs at the Landlord’s sole expense of Lessor whether or not such right arises by operation of law or otherwise. In the event it becomes necessary to maintain repair or replace the exterior roof, any such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will work shall be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time performed in accordance with Lessor's specifications then in effect. Lessor shall have the appropriate legislation PROVIDED THAT any such works will be carried out entirely responsibility to paint the exterior walls of the Premises, at the Lessee's sole cost and expense of the Landlord expense, no more often than every five (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts5) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before years from the date of this Agreement then the following last such painting. Lessee agrees to promptly reimburse Lessor for all reasonable costs incurred in connection with such painting activity after Lessor shall apply:-
(i) The Landlord have given within notice of such costs to Lessee but in no event shall on or before such reimbursement be later than the due date of Lessee's next installment of rent. Except as expressly provided in this Agreement provide Lease, Lessor shall have no duty, obligation or liability whatsoever to care for or maintain the Tenant with full details Premises or the building of which the Premises may be a portion, including but not limited to structural or nonstructural portions of the contractor Premises and all adjacent sidewalks, landscaping maintenance, driveways, parking lots, fences and signs located in the areas which are adjacent to and included with the Premises. In the event that by any express provision of this Lease, Lessor agrees to care for, repair or contractors he has entered into the Maintenance Contracts withmaintain all, including providing the Tenant with copies or any part of the said contracts Premises or the building of which it is a part, such agreement on the part of Lessor shall constitute a covenant only, and proof that they no obligation or liability whatsoever shall exist on the part of Lessor to Lessee or any other person by reason thereof unless and until Lessee shall have each been fully paid for by the Landlord.
first served upon Lessor personally a prior thirty (ii30) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved day notice in writing by specifying with particularity the Tenant (such approval not provision of this Lease whereunder said duty on the part of Lessor is claimed to exist, together with the repairs required to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced made by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate Lessor in the appropriate form on or before performance of such duty. In the start of event Lessor fails to make the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged repairs required to do so be made by Lessor under the terms of any head Agreement then this Lease, Lessee may (but shall be under no obligation to procure compliance do so) make said repairs and offset the cost thereof against the next installment of rent together with interest at the obligations rate set forth in paragraph 34 below, from the date of Lessee's payments. In the event Lessee fails to make the repairs required to be made by Lessee under any superior Agreement the terms of this Lease, Lessor may (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing but shall be under no obligation to do so) enter upon the Premises and ▇▇▇▇▇▇) forming make said repairs and charge the cost thereof to Lessee as part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner next installment of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden rent together with interest at the Property tidy at all times during rate set forth in paragraph 34 below, from the Term date of Lessor's payments, and Lessee promises and agrees to keep all ▇▇▇▇▇▇ and grass at pay the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Termcost thereof.
Appears in 2 contracts
Sources: Modified Net Industrial Building Lease (Decrane Aircraft Holdings Inc), Modified Net Industrial Building Lease (Decrane Holdings Co)
Maintenance. 4.10.1 On or before (a) Subject to the date hereof to enter into contracts (provisions of Section 18, Tenant shall, at Tenant's sole cost and expense, during the “Maintenance Contracts”entire Term, keep and maintain in good order, condition and repair the Premises and every part thereof, including, but not limited to, all plumbing, sewage, fixtures, interior walls, storefront(s), all electrical facilities and equipment, lighting fixtures, lamp▇▇▇, ▇▇ns and electrical motors, all other appliances and equipment of every kind and nature, sprinkler equipment (if any), and any other mechanical systems in the Premises. Tenant's obligations shall include, but shall not already existingbe limited to, for the regular maintenance and servicing obligation to replace when necessary any of the space items required to be maintained by Tenant at its sole cost and water heating systems serving 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 Property Premises and put the same in good order, condition and repair and make such replacements as may be necessary, and the other gas cost thereof shall become due and electrical installations within payable as additional rent by Tenant to Landlord upon demand, but nothing in this sentence contained shall be deemed to impose a duty upon Landlord or affect in any manner the Property (“the Installations”) and at the Landlord’s sole expense obligations placed upon Tenant by this Section 11. Any such entry by Landlord shall not be deemed to maintain such contracts and make all payments due thereunder throughout the whole be an eviction of the TermTenant.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the (b) Tenant shall reasonably specify and be with contractors previously approved by the Tenant provide for (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the Tenant's cost and expense of as hereinafter set forth) the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start replacement of the Term heating, ventilating and thereafter will be serviced once during each year of air conditioning equipment (HVAC) in the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the TermPremises.
(iic) If Tenant shall furnish (at Tenant's costs and expense as hereinafter set forth) trash and garbage receptacles and the Installations have not been serviced within the period removal of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for trash and obtain the garbage from said certificatesreceptacles.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 2 contracts
Sources: Lease Agreement (Dominion Homes Inc), Lease Agreement (Dominion Homes Inc)
Maintenance. 4.10.1 On REPAIR, AND GENERAL RULES Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this South Carolina Lease Agreement and any renewal thereof. Tenant shall be financially responsible for all repairs caused by negligence or abuse by tenant, and shall make and pay for all repairs necessary to restore the Premises in and to as good condition as when received, normal wear and tear excepted. Landlord shall have the right to designate the person or entity to make any such repair to the Premises. Tenant shall notify landlord immediately by filing a maintenance request in the event the Premises, or any part thereof, need repairs or maintenance. In the event tenant fails to make any repairs or restorations required hereunder of tenant, landlord may, but shall not be obligated to, make the same at tenant’s expense, the cost thereof shall be immediately payable as additional rental by tenant to landlord. Landlord will change/check air filters once a quarter and tenant will be notified through e-mail at least 24 hours before this service is performed. Without limiting the date hereof to enter into contracts (generality of the “Maintenance Contracts”)foregoing, Tenant shall:
A. Not obstruct the driveways, sidewalks, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only;
B. Keep all windows, glass, doors, locks and hardware in good, clean order and repair; Tenants are responsible for providing their own window treatments including blinds, if not already existingdesired;
C. Not obstruct the windows or doors;
D. Not leave windows or doors in an open position during any inclement weather causing damage;
E. Replace batteries in smoke detectors and lightbulbs as needed. The exception to this would be fluorescent lights or light bulbs requiring a ladder to change. Should a tenant be unwilling to perform these tasks, ▇▇▇▇▇ Rentals maintenance can do so for a service fee of $25.
F. Not hang any laundry, clothing, sheets, etc., from any window, rail, porch or balcony nor air or dry any of same within any yard area or space;
G. Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord;
H. Be responsible for all pest control treatments related to fleas or bedbugs;
I. Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the regular maintenance and servicing of the space and water heating systems serving the Property purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the other gas cost of clearing stopped plumbing resulting from hair clogs or misuse (such as allowing foreign or improper objects in ) shall be borne by Tenant;
J. Use clothes washer and electrical installations within dryer in proper manner according to manufacturer’s instructions and maintain it in good order. Any repairs resulting from the Property (“misuse of these appliances will be borne by tenant.
K. Tenant's family and guests shall at all times maintain order in the Installations”) Premises and at all places on the Landlord’s sole expense Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents; tenants are not allowed any alcohol-related parties with guests;
L. Keep all radios, televisions, stereos, etc., turned down to maintain such contracts a level of sound that does not annoy or interfere with other residents or the public;
M. Deposit all trash, garbage, rubbish or refuse in the receptacles provided and make shall not allow any trash, garbage, rubbish or refuse to accumulate on the exterior of any building; tenants are responsible for keeping the exterior of their residence (including any porches) free of litter at all payments due thereunder throughout the whole of the Termtimes. A FINE OF $25 OR MORE CAN BE LEVIED FOR EACH OCCURRENCE OF LITTERING.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into N. Abide by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved bound by any and all rules and regulations affecting the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur Premises as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for determined necessary by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations O. Keep dryer in good working order at all times during by changing the Term but only dryer lint between each use. Damage to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable machine due to fair wear negligence and tear, defect or bad workmanship at failure to follow this procedure will result in any time during charges for repair being borne by the Termtenant.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Maintenance. 4.10.1 On 7.1 Lessor shall not be obligated to maintain or before make any repairs or replacements to the date hereof Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants and agrees to assume all responsibility of repair and maintenance of the Premises.
7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with all applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into contracts (the “Maintenance Contracts”), if not already existing, a contract approved by Lessor for the regular maintenance of all heating, ventilating, and servicing of the space and water heating systems air conditioning equipment located in or serving the Property and Premises. At all times the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will Premises shall be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time kept in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement standards then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved prevailing in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ Creek and grass at the Property regularly trimmed and cut
4.10.9 To all such maintenance, repair, renew replacement and work performed pursuant to this section shall be performed in accordance with such standards.
7.3 At the expiration or replace other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted.
7.4 Nothing in this Section 7 shall be deemed to relieve Lessee from any liability which Lessee may have to Lessor under the terms of this Lease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Furniture or furnishings which have become unusable due to fair wear Lessee Parties.
7.5 As used in this Section 7, "repair and tearmaintenance" shall include repairs and replacements, defect or bad workmanship at any time during and the Termstandard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.
Appears in 2 contracts
Sources: Lease (Clarus Corp), Lease (SQL Financials International Inc /De)
Maintenance. 4.10.1 On Subtenant shall, at its sole cost and expense, keep, maintain, repair and replace the Sublease Premises as required by Section 6.01(a) of the Master Lease, except for those items to be maintained by Sublandlord as provided in subsection 7.c below.
a. Subtenant shall be responsible for repairing any damage to the Sublease Premises or before the date hereof Building caused by Subtenant or its employees, agents or contractors which is beyond normal wear and tear, and Sublandlord shall have no liability therefore.
b. The waiver of liability provided in the last sentence of Section 6.0l(b) of the Master Lease shall apply to enter into contracts Sublandlord’s obligation to repair and maintain the Sublease Premises, and is incorporated herein by reference, with references to “Lessor” therein deemed to refer to Sublandlord and references to “Lessee” therein deemed to refer to Subtenant.
c. Except for those items to be repaired, maintained, or replaced by Master Landlord under the Master Lease, and except for the Sublease Premises (the “Maintenance Contracts”which shall be maintained by Subtenant), if not already existing, Sublandlord shall be responsible for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part replacement of the Building, if it is including the Building Systems (as defined in Section 1.c above) and the Building Common Areas (as hereinafter defined), subject to Subtenant’s obligation to reimburse Sublandlord for Subtenant’s Percentage Share of the Building Maintenance Costs as provided in this Subsection 7.c. Sublandlord shall not have an obligation to perform such maintenance, repairs or replacements of the Building, Building Systems or Building Common Areas unless and until Subtenant has given Sublandlord notice of the need for such maintenance, repairs, or replacements. Furthermore, notwithstanding anything in this Sublease to the contrary, Subtenant shall be responsible for the repair and maintenance of the HVAC system distributed within the Sublease Premises, and Sublandlord shall have no responsibility therefor. The Building Common Areas shall mean the exterior Building walls, roof membrane, Building lobbies, hallways in non-exclusive areas, stairwells between floors; elevators and non-exclusive restrooms in the Building and other similar public areas and access ways. Landlord may change the Building Common Areas in Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so sole and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Termabsolute discretion.
Appears in 2 contracts
Sources: Sublease Agreement (Openwave Systems Inc), Sublease Agreement (Openwave Systems Inc)
Maintenance. 4.10.1 On or before Tenant shall maintain the date hereof to enter into contracts (Building in a good and safe state of repair and in a clean and orderly condition, including the “Maintenance Contracts”Building’s structural elements, roof, foundation, exterior facade, plate glass, windows, window frames, doors, door frames, flooring surfaces, structural subfloors, ceilings and drop ceilings, interior walls, store front(s), if not already existinggutters, for the regular maintenance downspouts, sprinkler mains, sprinkler systems, plumbing facilities, HVAC system, electrical system, mechanical building equipment, utility lines in and servicing of the space Premises, interior finishes installed by or for Tenant, and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are required by the responsibility City or any other governmental authority) public sidewalks adjacent to, the Building. If notified of the contractors under the Maintenance Contracts) and the Landlord agrees need for a repair by Landlord, Tenant shall be given reasonable opportunity to fully indemnify the effect such repairs. If Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor its agents or contractors he has entered are required to perform any work reasonably requiring entry upon the Development Project in order to be efficiently accomplished, Tenant shall be allowed to take into and upon the Maintenance Contracts withDevelopment Project such personnel, including providing the Tenant with copies of the said contracts equipment and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire materials appropriate to perform such repairs, alterations, improvements or are brought to an end by the relevant contractor at any time additions and, during the Term then continuance of any such required work, to temporarily close doors, entryways, public space and corridors in the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only Development Project to the extent necessary and at hours reasonably acceptable to Landlord. All costs of performing such maintenance shall be paid by Tenant, except that if Tenant is called upon to make repairs caused by the willful or negligent act or omission of Landlord, its employees, agents, or contractors, the entire cost of such maintenancerepair shall be borne by Landlord, repair and renewal except to the extent the Claim for such damage is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
waived by Landlord in Article 16 (i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility Mortgage). Except as otherwise specifically stated in this Lease, Landlord shall not be required or responsible to do so furnish any services or if not facilities or to procure that make any improvements, repairs or alterations in or to the owner of Premises or to maintain the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time Premises during the Term. Medinah Temple Lease 23
Appears in 1 contract
Maintenance. 4.10.1 On or before Except for “Landlord Maintenance Obligations” as specified below in this Section 8 and repairs and replacements to be made by Landlord under its warranty obligations set forth in Section 12 of the Work Letter, during the term of this Lease, Tenant shall, following the date hereof each Phase is available for occupancy by Tenant, at its sole cost and expense, keep and maintain in good, first-class repair and condition (making any and all repairs, replacements or renewals, whether structural or non-structural, foreseen or unforeseen, ordinary or extraordinary, interior or exterior appropriate to enter into contracts achieve such a state of repair) the Work and all other portions of the Premises, including, but not limited to, maintenance, repairs and replacements of all parking lots, driveways and sidewalks, including, but not limited to, snow and ice removal, lawn and landscape maintenance, window and interior/exterior cleaning, roof maintenance, and all other maintenance, repairs and replacements to all portions of the Premises, including, but not limited to, dock equipment and electrical, plumbing, heating, ventilation and air conditioning (“HVAC”) systems, alarm, sprinkler and life safety systems. The maintenance, repair and replacement of the Access Drive shall be the responsibility of Tenant and at such time as the adjacent property is developed and is using the Access Drive, Landlord shall cause an agreement for use and maintenance of the Access Drive to be established, in form and substance reasonably acceptable to Tenant, which, among other items, will provide for a reimbursement to Tenant of an allocated share of maintenance, repair and replacement expenses attributable to the Access Drive on a commercially-reasonable basis. Thereafter, Tenant shall be responsible for the costs of the Access Drive so allocated to the Premises. Notwithstanding the foregoing, the following items (“Landlord Maintenance ContractsObligations”), if not already existingshall be the responsibility of, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and shall be at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only except as hereinafter set forth): (i) any damage caused by Landlord or its agents, employees or contractors, (ii) any repairs or replacements required due to Landlord’s (or its employees’, agents’ or contractors’) failure to comply with its obligations under the Lease, including its obligation under Section 12 of the Work Letter, and (iii) any necessary (1) replacements of the roof, HVAC, parking lot or other items that would ordinarily be capitalized under GAAP and have a useful life of more than ten (10) years, or (2) repairs or replacements of structural walls, footings, foundation, floor slabs and interior load bearing walls, columns, beams, struts, ties, plates, joists, trusses and items of similar character, of the Building. Landlord shall give Tenant advance notice of the replacements in (iii) above and shall have no obligation to commence any such repairs or replacements until requested in writing by Tenant. Notwithstanding anything herein to the contrary, within twenty (20) days after demand therefore, along with invoices and reasonable supporting documentation, from time to time, Tenant shall reimburse Landlord (a) annually for the annual amortization of the cost of replacements described in (iii) above, as amortized over their useful life as determined by Landlord in its reasonable discretion in accordance with GAAP, to the extent that the amortization of any such costs and expenses are occurs during the responsibility term of this Lease (with Landlord being responsible for the balance of such costs not amortized over the balance of the contractors under term of the Maintenance ContractsLease (only taking into consideration Renewal Terms actually exercised by Tenant)), and (b) and for the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result costs of all repairs of such maintenance.
4.10.3 If items described in (iii) above. Nothing in the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following foregoing sentence shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the be deemed to make Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid liable for by the Landlord.
matters in (ii) If any of above. In the Maintenance Contracts expire or are brought to an end by event Tenant exercises its option for the relevant contractor at any time Renewal Term, replacement costs that were being amortized during the Initial Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not continue to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times amortized during the Renewal Term but only to the extent that such of the useful life of the replacement. Landlord and Tenant shall perform their respective maintenance, repair and renewal is not actually carried out under replacement obligations in a customary and good and workmanlike manner, with materials of a quality at least equal to that originally used, consistent with the Maintenance Contracts.
4.10.6 To ensure that:-
(i) Premises being a first-class suburban building. Tenant shall keep the Installations Premises, including the Building and the Land, in a neat and good condition. Tenant agrees to furnish and pay for any cooking apparatus have been serviced by a properly qualified person within and all janitorial, cleaning, trash collection and other similar services relating to the period of three months before the start maintenance and sanitation of the Term Building on a regular basis. Tenant shall contract with a reputable HVAC contractor reasonably approved by Landlord for the routine maintenance and thereafter will be serviced once during each year repair of the Term HVAC systems, and for shall provide inspection reports to Landlord when requested from time-to-time. Tenant reserves the avoidance of doubt right to retain a third- party property manager to manage the gas contractor must Premises consistent with Tenant’s obligations under this Lease, at Tenant’s sole cost and expense. Notwithstanding anything herein to the contrary, Tenant shall be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will responsible, at its sole expense provide cost and expense, for any damage caused by Tenant, its employees, agents or contractors. Except as stated above, and, as to each Phase, following the date such Phase is available for occupancy by Tenant, Tenant on waives the right to (a) require Landlord to maintain, repair or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term rebuild all or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the BuildingPremises, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden (b) make repairs at the Property tidy at all times during the Term and expense of Landlord pursuant to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repairany legal requirements, renew contract, agreement, covenant, condition or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship restriction at any time during the Termin effect.
Appears in 1 contract
Maintenance. 4.10.1 On or before (a) The following facilities (but not limited to) shall be provided by the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing Lessor as part of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole Maintenance of the Term.
4.10.2 To procure that Building for which the sum defined in Section 6 (of the Lease Deed) as Maintenance Contracts, if not already entered into, which will Rent shall be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works charged to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-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 Landlord Lessee shall on or before the date of this Agreement provide the Tenant with full details for Security at its expense at all entry and exit points of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the LandlordOffice Space.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord Housekeeping shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
and limited to common areas (i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety CertificateLobbies, valid Electricity Safety Certificate and Energy Performance CertificateFire Escape Stairs, Internal Staircases, Parking, Roads, Pathways, Courtyard, fountains & landscape gardens). The Landlord at its sole expense will also provide Lessee shall carry out housekeeping inside the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificatesOffice Space.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate General Pest and rodent Control measures shall be carried out in the appropriate form on or before common areas and around the start Buildings. Lessee shall arrange for carrying out General Pest and rodent control activities inside the Office Space.
(iv) Civil Maintenance of the Termstructures, roads and pathways shall be carried out from time to time or as and when required to maintain them for regular use. Such maintenance shall normally include waterproofing, painting, plastering, flooring, plumbing etc. The Lessor shall not be responsible for any damages caused to structure by the Lessee. Such damages shall be rectified at the cost of Lessee to be included as Reimbursements.
4.10.7 To observe (v) Maintenance of all the Equipment provided by the Lessor as part of facilities and perform amenities in the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance Rent. This includes preventive maintenance, routine maintenance, annual maintenance, spares etc. The Lessor will ensure minimum breakdown of the obligations under any superior Agreement equipment and restore the services at the earliest.
(if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇vi) forming Regular maintenance in respect of electrical installations provided by the Lessor as part of facilities and amenities in the BuildingRent. The work generally includes replacement of electrical consumables, if it replacement of light fittings and consumables etc. The Lessee is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Termresponsible for his demised premises.
Appears in 1 contract
Maintenance. 4.10.1 On or before (a) The following facilities (but not limited to) shall be provided by the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing Lessor as part of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole Maintenance of the Term.
4.10.2 To procure that Building for which the sum defined in Section 6 (of the Lease Deed) as Maintenance Contracts, if not already entered into, which will Rent shall be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works charged to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-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 Landlord Lessee shall on or before the date of this Agreement provide the Tenant with full details for Security at its expense at all entry and exit points of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the LandlordOffice Space.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord Housekeeping shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
and limited to common areas (i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety CertificateLobbies, valid Electricity Safety Certificate and Energy Performance CertificateFire Escape Stairs, Internal Staircases, Parking, Roads, Pathways, Courtyard, fountains & landscape gardens). The Landlord at its sole expense will also provide Lessee shall carry out housekeeping inside the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificatesOffice Space.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate General Pest and rodent Control measures shall be carried out in the appropriate form on or before common areas and around the start Buildings. Lessee shall arrange for carrying out General Pest and rodent control activities inside the Office Space.
(iv) Civil Maintenance of the Termstructures, roads and pathways shall be carried out from time to time or as and when required to maintain them for regular use. Such maintenance shall normally include waterproofing, painting, plastering, flooring, plumbing etc. The Lessor shall not be responsible for any damages caused to structure by the Lessee. Such damages shall be rectified at the cost of Lessee, to be included as Reimbursements.
4.10.7 To observe (v) Maintenance of all the Equipment provided by the Lessor as part of facilities and perform amenities in the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance Rent. This includes preventive maintenance, routine maintenance, annual maintenance, spares etc. The Lessor will ensure minimum breakdown of the obligations under any superior Agreement equipment and restore the services at the earliest.
(if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇vi) forming Regular maintenance in respect of electrical installations provided by the Lessor as part of facilities and amenities in the BuildingRent. The work generally includes replacement of electrical consumables, if it replacement of light fittings and consumables etc. The Lessee is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Termresponsible for his demised premises.
Appears in 1 contract
Maintenance. 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇▇▇ agrees to 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) forming 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 and/or interrupt utilities to the UNIT 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, discomfort, 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 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) 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 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.
(iii) TENANT shall clean and dust the UNIT regularly, and shall keep the UNIT, particularly the kitchen and bathroom(s), clean and dry.
(iv) TENANT shall promptly notify LANDLORD in 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 Buildingheating 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 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 it the need for such treatment is reported to LANDLORD in writing within ten days after move-in. If LANDLORD incurs the Landlord’s responsibility to do so cost of pest control in the UNIT or if not to procure that the owner PROPERTY as a result of the freehold actions or inactions of any tenant in the Property or UNIT, all tenants in the management company or UNIT shall be responsible for the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Termcost thereof.
Appears in 1 contract
Sources: Residential Lease Agreement
Maintenance. 4.10.1 On Landlord shall not be called upon and shall have no obligation to make any repairs, improvements or before alterations whatsoever to the date hereof to enter into contracts Premises except that during the term of this Lease, Landlord shall maintain the exterior walls (but not storefronts, glass, plate glass, doors or painting) in good structural repair, and shall keep the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing roof of the space building watertight; provided, however, that Landlord shall not be required to make any repairs to the roof or any part of the Premises until written notice of the need for such repairs is given to Landlord by Tenant. It is further provided that Landlord shall not be liable for or required to make any repairs, or perform any maintenance, to or upon the Premises which are required by, related to or which arise out of negligence, fault, misfeasance or malfeasance of and water heating systems serving the Property by Tenant, its employees, agent, invitees, licensees or customers, in which event Tenant shall be solely responsible therefor; and the other gas and electrical installations within the Property (“the Installations”) and if such repairs are undertaken by Landlord, it shall be solely at the Landlord’s sole expense to maintain such contracts of Tenant and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld pay said amounts within 30 days of receipt of billing therefor, or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so alternative shall be considered in default under the terms of any head Agreement then to procure compliance this Lease. Tenant shall repair, service, keep and maintain the interior of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (Premises, including all shedsplumbing, outbuildingswiring, greenhousespiping, fencing sprinkler system, and ▇▇▇▇▇▇) forming part fixtures, doors, equipment and appurtenances, as well as the exterior storefront, in good and substantial repair and in a condition of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times first class appearance during the Term entire term of this Lease and to keep shall replace all ▇▇▇▇▇▇ glass in the windows and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time doors broken during the TermLease term. Tenant agrees to make repairs promptly as they may be needed at Tenant's expense.
Appears in 1 contract
Maintenance. 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇▇▇ agrees to 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) forming 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 PROPERTY
(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 and/or interrupt utilities to the UNIT 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, 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 LANDLORD approves such request, the 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 Buildingheating, if it is air-conditioning, or system in the Landlord’s responsibility UNIT. TENANT shall be liable to do so or if not LANDLORD for damages sustained to procure that the owner of the freehold of the Property UNIT or the management company PROPERTY as a result of TENANT’s failure to comply with the terms of this section, 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 superior landlord will do so and if applicable need for such treatment is reported to keep any garden at LANDLORD in writing within 10 days after move-in. If LANDLORD incurs the Property tidy at all times during cost of pest control in the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Sources: Residential Lease Agreement
Maintenance. 4.10.1 On The Lessor warrants that the foundation, exterior bearing walls, and wood roof structure shall be free from defects in material and workmanship until such times as any of these structural systems have been altered or modified by Lessee. In the event, of the occurrence of any such defect during the warranty period and upon receipt of written notice from Lessee, Lessor shall promptly commence and diligently prosecute to completion such repairs as are necessary to correct such defect. Except for the aforegoing Lessor warranties, Lessee shall maintain and preserve the Demised Premises, including, without limitation, the interior and exterior of the Building thereon in good and clean condition making all repairs, replacements and restorations necessary for such maintenance and preservation: including, without limitation, tuckpointing, painting, glass replacement, glazing, caulking and the repair, replacement and restoration of the roof covering, docks, landscaping and, parking areas. All repairs, replacements and restorations shall be in quality at least equal to the original construction. Notwithstanding anything herein to the contrary, on or before the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the each anniversary date of this Agreement then Lease or extension thereof, Lessee shall deliver to Lessor written evidence satisfactory to Lessor that the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details roof of the contractor or contractors he building on the Demised Premises has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within roofing contractor licensed by the period State of three months before Arizona and satisfactory to Lessor. At the start termination of this Lease, by lapse of time or otherwise, Lessee shall deliver the Demised Premises to the Lessor in good condition and repair as obtained therein at the commencement of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date term of this Agreement with a valid Gas Safety CertificateLease subject, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide however, to the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term loss or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable damage due to fair any casualty to the extent actually recovered by Lessor under insurance policies to be obtained and maintained by Lessee as herein set forth and normal wear and tear. Anything herein to the contrary, defect or bad workmanship at notwithstanding, Lessee will not suffer any time during waste t@-occur on the TermDemised Premises and will make every reasonable effort to prevent the Demised Premises from falling into disrepair; including, without limitation, the prompt performance of all repair, replacement and restoration obligations of Lessee as herein set forth.
Appears in 1 contract
Maintenance. 4.10.1 On Lessor will, upon Lessee’s notice or before as such need becomes known to Lessor, make all necessary repairs to and perform all necessary maintenance upon the date hereof Building and all parts thereof, as such are required in the normal maintenance and operation of the Building and the Leased Premises, except those repairs for which Lessee is expressly responsible pursuant to any other provisions of this Lease, those repairs that other Tenants are responsible for with respect to their premises under the provisions of said Tenants’ leases and except as provided in Sections 16 and 17 hereof. In so doing, Lessor may close wholly, or in part, or may use any entrances to the Building or the Leased Premises provided an entrance for ingress and egress is maintained. Lessor, through Lessor’s property management agent, shall keep the Leased Premises and the common areas reasonably clean, without cost to Lessee, and no person or persons other than the property management agent, will be permitted to enter into contracts the Leased Premises for such purpose without the prior written consent of Lessor. Lessee shall not cause or permit others to cause unnecessary labor by reason of carelessness and indifference to the preservation of good order and cleanliness of the Leased Premises and the common areas, or of other parts of the Building to which Lessee is permitted to have access, provided, however, that Lessee shall have the right, upon prior written request to Lessor, to restrict access of such property management service (i.e., janitorial service personnel) to certain specified areas. Property management service will not include polishing of furniture or any personal service. Lessee shall have the “Maintenance Contracts”)right to notify Lessor of any objections to or deficiencies in janitorial service and Lessor shall, if not already existingnecessary, take appropriate action in order to remedy such objections or deficiencies. Lessee shall be responsible for the regular cost of the maintenance and servicing repair of the space inner surfaces of the wait, floors (including carpets and water heating systems serving other floor covering) and ceilings of the Property Leased Premises, ordinary wear and tear accepted. Lessee shall be responsible for all repairs, interior and exterior, structural and nonstructural, ordinary and extraordinary, in and to the Leased Premises, the Building, and the other gas facilities and electrical installations within systems thereof, the Property (“the Installations”) and at the Landlordneed for which arises out of Lessee’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and moving property in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it or the installation or removal or furniture, fixtures, or other property by Lessee or in the act, omission, manner of occupancy, misuse or neglect of Lessee or any of its sublessees or its or their employees, agents, servants, contractors or invitees. Lessee shall promptly make, at Lessee’s expense, all repairs in or to the Leased Premises for which Lessee is responsible, and any repairs required to be made by Lessee to the Landlord’s responsibility to do so mechanical, electrical, sanitary, heating, ventilating, air conditioning, or if not to procure that the owner other systems of the freehold of Building shall be performed only by contractor(s) designated by Lessor. Any other repairs in or to the Property Building and the facilities and systems thereof for which Lessee is responsible shall be performed by Lessor at Lessee’s expense; but Lessor may, at its option, before commencing any such work or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during thereafter, require Lessee to furnish to Lessor such security (including, without limitation, a bond issued by a corporate surely licensed to do business in Louisiana) as Lessor shall deem necessary to assure the Termpayment for such work by Lessee. Lessor shall have the right, from time to time, to establish, modify and enforce reasonable rules and regulations with respect to the common areas and to do and perform such other acts as Lessor shall, in the use of its business judgment, determine to be advisable with a view to the convenience and use thereof by Lessees, their officers, agents, employees and clients.
Appears in 1 contract
Maintenance. 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇▇▇ agrees to 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) forming 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 and/or interrupt utilities to the UNIT 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, 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 LANDLORD approves such request, the 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 Buildingheating, 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 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 it the need for such treatment is reported to LANDLORD in writing within 10 days after move-in. If LANDLORD incurs the Landlord’s responsibility to do so cost of pest control in the UNIT or if not to procure that the owner PROPERTY as a result of the freehold actions or inactions of any tenant in the Property or UNIT, all tenants in the management company or UNIT shall be responsible for the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Termcost thereof.
Appears in 1 contract
Sources: Residential Lease Agreement
Maintenance. 4.10.1 On or before Lessee covenants throughout the date hereof Term of this Lease, at its sole cost and expense, to enter into contracts keep and maintain the Leased Premises and all fixtures, equipment and systems therein, including all plumbing, backflow preventers, neutralization tank(s) (the “Maintenance Contracts”subject to Paragraph 29 hereof), if 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 Leased Premises, in good repair and condition, subject to ordinary wear and tear and damage by casualty (subject to Paragraph 19 hereof), making all repairs thereto as may be required. Lessor will deliver the Leased Premises in good order on the Commencement Date, subject, however, to ordinary wear and tear by the current tenant Zycos, Inc. and by Lessee, as Zycos, Inc.'s subtenant. With respect to the 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 HVAC systems and equipment are maintained on a regular, preventive basis, including, but not already existinglimited to, regular changes of filters and belts, and regular preventive maintenance checks of refrigerant and pumps. Lessee shall not permit the Leased Premises to be overloaded, damaged, 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 installing Lessee's sign on the front of the Building. All of Lessee's signage shall conform to the existing signage styles. Notwithstanding the above, Lessee and Lessor shall share equally (50/50) the entirety of any capital expenditure related to plumbing, Building backflow preventers, sprinkler, heating, air conditioning, electrical and gas fixtures, systems and equipment (excluding (a) regular maintenance and servicing repair, (b) replacement items which cost less than $500.00, and (c) items under maintenance contracts) which cost in the aggregate up to ten thousand and 00/100 dollars ($10,000.00) per year, with Lessor paying any excess over ten thousand dollars and 00/100 ($10,000.00) per year. Lessor agrees, at Lessor's sole cost and expense, to maintain and repair the roof and structure of the space and water heating systems serving Building in the Property and the other gas and electrical installations within the Property (“the Installations”) and same condition as it is at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned it may be put NOVIRIO LEASE AUGUST 21, 2001 in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term of this Lease, reasonable tear and wear, excepted, and damage by fire and other casualty excepted subject to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the TermParagraph 19 hereof.
Appears in 1 contract
Maintenance. 4.10.1 On or before LESSEE shall replace plate glass and other glass therein, acknowledging that the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property leased premises are now in good order and the other gas and electrical installations within glass whole. The LESSEE shall not permit the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not leased premises to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costsoverloaded, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract▇. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building’S OBLIGATIONS damaged, if it is the Landlord’s responsibility stripped, or defaced, nor suffer any waste. LESSEE shall be shall not store trash or refuse in a manner so as to do so attract rodents or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all other pests. ▇▇▇▇▇▇ shall obtain written consent of LESSOR before erecting any sign on the premises. Except for the bathroom, LESSEE shall otherwise be responsible for the cleanliness of the Premises. ▇▇▇▇▇▇ shall maintain the temperature in the Premises at all times at a level so as to avoid the freezing of any pipes.
▇. ▇▇▇▇▇▇’▇ 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 grass 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 Property regularly trimmed and cut
4.10.9 To repair, renew or replace any commencement of the Furniture term or furnishings which have become unusable due to fair as it may be put in during the term of this lease, reasonable wear and tear, defect damage by fire and other casualty only excepted, unless such maintenance is required because of the LESSEE or bad workmanship at any time during those for whose conduct the TermLESSEE 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 responsibility. The removal of snow and ice from the parking areas, driveways and walkways and sidewalks bordering upon and serving the leased premises shall be 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. 4.10.1 On (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 before better condition, order, and repair as exists as of the date hereof Commencement Date, subject to enter ordinary wear and tear and the age of the Property and Improvements. Any service contracts entered into contracts 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 “Maintenance ContractsLessee 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”), if not already existing, . Lessee shall complete the repairs or replacements of Lessee Capital Repair Items for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and which it is responsible as set out above at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms times and in such form manner as Lessee determines are reasonable and prudent under the Tenant circumstances and taking into consideration the impact or potential interference with ▇▇▇▇▇▇’s business, provided that Lessee shall reasonably specify cause such repairs and be with contractors previously approved by the Tenant (such approval not replacements to be unreasonably withheld 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 delayed) and the Landlord hereby irrevocably authorises the Tenant who regulation). Lessee shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with notify Lessor of the appropriate legislation PROVIDED THAT any such works will be carried out entirely at 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 expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(iiLessee under this Section 8.2(b) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only completed prior to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year end of the Term.
, Lessee shall assign to Lessor all contracts with respect thereto, and from time to time, Lessor shall submit accurate invoices (iiincluding 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 the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord ▇▇▇▇▇▇ does not have any valid certificates as mentioned in sub-clause 4.10.6 reimburse or pay Lessor within such ten (i10) above Business Day period, then such amount will bear interest from the Landlord must pay for and obtain end of such ten (10) Business Day period to the said certificates.
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 (iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in amount of such excess from time to time, the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged “Excess”), from time to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens time Lessee shall submit accurate invoices (including all shedsreasonable supporting documentation) to Lessor showing the amounts expended or to be expended by ▇▇▇▇▇▇, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇▇ shall reimburse or pay to Lessee for the Excess within ten (10) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all 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 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 grass 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 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 notice, including the reasons therefor. If Lessee and Lessor cannot reach agreement as to the repair or replacement of the Lessor Capital Repair Item in question or as to the nature of the repair (i.e. whether the repair of replacement constitutes a Lessor Capital Repair Item), the parties shall submit the issue to mediation and Arbitration per Section 27 of this Lease. The arbitrator shall determine whether based upon ▇▇▇▇▇▇’s standard for having replaced and/or repaired capital items at the Property regularly trimmed during the Base Term, such item would have been repaired or replaced and cutwhether or not the repair or replacement constitutes a Lessor Capital Repair Item. If it is determined that, based upon Lessee’s standard for having replaced and/or repaired capital items at the Property during the Base Term, such item would have been repaired or replaced and that the repair or replacement constitutes a Lessor Capital Repair Item, then Lessor shall, at its expense, promptly cause such Lessor Capital Repair Item to be done. In the event Lessor does not make such Capital Repair, Lessee may do so, in which event Lessor shall reimburse Lessee for the cost thereof within ten (10) Business Days of Lessor’s receipt of an invoice therefor, together with reasonable back-up documentation, from Lessee. In the event that ▇▇▇▇▇▇ does not so reimburse ▇▇▇▇▇▇, then ▇▇▇▇▇▇ may, in accordance with Section 18.2 hereafter, exercise it rights as set forth therein.
4.10.9 To repair, renew (d) The provisions of this Section 8.2 shall not apply in the case of Casualty to or replace any Condemnation of the Furniture or furnishings Property, in which have become unusable due to fair wear and tear, defect or bad workmanship at any time during case the Termobligations of the parties shall be as provided in Article 12.
Appears in 1 contract
Sources: Lease Agreement
Maintenance. 4.10.1 On or before A. During the date hereof Term of this Lease, Lessee at Lessee’s expense:
1. Shall maintain and keep the Helicopter, its engines, components, appliances, accessories, instruments and equipment in good order and repair in strict compliance with FAA requirements (and without limitation of the foregoing), cause to enter into contracts be performed on all parts of the Helicopter and its engines all mandatory Airworthiness Directive (the “Maintenance ContractsAD’s”), if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property Special Federal Aviation Regulations (“the InstallationsSFAR’s”) and all manufacturer’s service bulletins the compliance date of which shall fall during the Term of this Lease, and also in accordance with all manufacturer’s manuals or Lessee’s FAA approved maintenance programs.
2. Shall replace the Helicopter components, appliances, accessories, instruments and equipment, any and all engines, parts, applicants, instruments, or accessories which may become defective, lost, destroyed or otherwise rendered unfit for use during the lease period in accordance with the terms and conditions of this Lease.
3. Shall perform all overhauls, checks, inspections and maintenance service to all parts of the helicopter and its engines required to keep them in the condition required under this Lease.
4. May make such modifications, changes or alterations to the Helicopter or its engines as Lessee may determine and as Lessor shall first approve in writing. Lessor shall respond within five days and will not unreasonably withhold such approval. Lessor shall bear no liability for the cost of any such modification, change or alteration to the Helicopter or its engines whether in the event of grounding or suspension of certification or for any other cause. At the end of the Term of this Lease, at Lessor’s option, Lessee shall (i) at its cost remove any equipment or alterations that it installed and return the Helicopter as was received, except that the New Interior will be maintained in the Helicopter or (ii) sell such alterations or equipment (provided that Lessor shall not be obligated to pay any amount for the New Interior) to Lessor at Lessee’s cost less depreciation calculated monthly over an assumed five year depreciable life. It is understood that Lessor may exercise the option referred to in the preceding sentence with respect to one or more of the pieces of equipment or alterations installed by Lessee.
5. Shall be responsible for all required inspections of the Helicopter and its engines and licensing or re-licensing the Helicopter in accordance with all applicable FAA and other applicable governmental requirements. Lessee shall at all times cause the Helicopter to have on board a current U.S. Certificate of Airworthiness issued by the FAA.
6. All inspections, maintenance, modifications, repairs and overhauls of the Helicopter or its engines, components, appliances, accessories, instruments or equipment shall be performed by personnel authorized to perform such services by the FAA.
7. Shall at all times have the Helicopter’s engines and transmission on a “Power By the Hour” program, which is approved by Lessor. Lessee shall use its best efforts to have the “Power By The Hour” agreement assigned at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole end of the Term.
4.10.2 To procure that 8. Shall inspect and clean the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are Helicopter on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenanceregular basis.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Maintenance. 4.10.1 On or before Tenant shall, throughout the date hereof to enter into contracts (the “Maintenance Contracts”)term of this Lease, if not already existing, for the regular maintenance and servicing take good care of the space and water heating systems serving the Property leased premises and the fixtures and appurtenances therein. Tenant shall be responsible for all damage or injury to the Demised Premises or any other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole part of the Term.
4.10.2 To procure that Demised Premises and Warehouse and the Maintenance Contractssystems and equipment thereof, if not already entered intowhether 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 will be entered into 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 Landlord are on such terms moving of Tenant’s fixtures, furniture and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The equipment. Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during and repair the Term exterior and the structural portions of the Demised Premises as well as the public portions of the Building interior and the Building plumbing and electrical systems located outside of but only serving the leased premises. Landlord shall maintain in good working order and repair the heating, air-conditioning and ventilating systems located within the Demised Premises. All of Landlord’s expenses incurred in the maintenance of the Demised Premises shall be considered operating expenses payable by Tenant as additional rent in accordance with Section 5 of this Lease. Tenant shall maintain in good working order and repair those portions of utility systems, including but not limited to, plumbing, electrical and lighting systems (including the purchase and replacement of light bulbs), located within the Demised Premises. Tenant agrees to give prompt notice of any defective condition in the Demised Premises for which Landlord may be responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord or others making repairs, alterations, additions or improvements in or to any portion of the Demised Premises or in and to the extent fixtures, appurtenances or equipment thereof, provided Landlord is prosecuting such repairs, alterations, additions or improvements with reasonable diligence. It is specifically agreed that Tenant shall not be entitled to any set off or reduction of rent by reason of any failure of Landlord to comply with the covenants of this or any other article of this Lease. Tenant agrees that Tenant’s sole remedy at law in such maintenance, repair and renewal is not actually carried out under instance will be by way of an action for damages for breach of contract. Upon the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start expiration or other termination of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date term of this Agreement with a valid Gas Safety CertificateLease, valid Electricity Safety Certificate Tenant shall quit and Energy Performance Certificate. The surrender to Landlord at the Demised Premises, broom-clean, and in good order and condition, ordinary wear excepted, and Tenant shall remove all of its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Termproperty.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Sources: Lease (Curagen Corp)
Maintenance. 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇▇▇ agrees to 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) forming 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 and/or interrupt utilities to the UNIT 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, 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 LANDLORD approves such request, the 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 Buildingheating, 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 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 it the need for such treatment is reported to LANDLORD in writing within 10 days after move-in. If LANDLORD incurs the Landlord’s responsibility to do so cost of pest control in the UNIT or if not to procure that the owner PROPERTY as a result of the freehold actions or inactions of any tenant in the Property or UNIT, all tenants in the management company or UNIT shall be responsible for the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Termcost thereof.
Appears in 1 contract
Sources: Residential Lease Agreement
Maintenance. 4.10.1 On or before (a) By entry hereunder, Tenant accepts the date hereof to enter into contracts (Premises as being in good and sanitary order condition and repair and accepts the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property Building and the other gas improvements in their present condition. Any exceptions to the foregoing must be by written agreement executed by Landlord and electrical installations within Tenant. During the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole term of the Term.
4.10.2 To procure that the Maintenance ContractsLease, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify keep the Premises and be every part thereof in good condition and repair, at Tenant's sole cost and expense. The Tenant agrees on the last day of the term hereof, or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair with contractors previously approved by the 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 (such approval not also agrees to be unreasonably withheld or delayed) surrender to Landlord all alterations, additions, and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations improvements which may be required have been made in, to, or on the Premises by Tenant, except that Tenant shall ascertain from time Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to time in accordance with have the appropriate legislation PROVIDED THAT 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 works will be carried out entirely part or parts thereof before the termination of this Lease at the Tenant's sole cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contractexpense. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date end of the term or sooner termination of this Agreement with a valid Gas Safety CertificateLease, valid Electricity Safety Certificate shall remove all its personal property and Energy Performance Certificatetrade fixtures from the Premises, and all property not so removed shall be deemed to be abandoned by Tenant. The Landlord If the Premises is not surrendered at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year end of the Termterm or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding Tenant founded on such delay.
(iib) If Notwithstanding the Installations have not been serviced within the period provisions of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building▇▇▇ ▇▇(▇), if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇▇▇ shall repair and grass at maintain the Property regularly trimmed roof, exterior walls, and cut
4.10.9 To repair, renew or replace any foundation of the Furniture Building, and plumbing, air conditioning, heating and electrical systems installed or furnishings furnished by Landlord, and parking and landscaped areas and all other common areas appurtenant to the Building, as provided in Paragraph 7(b), unless such maintenance and repairs are necessitated in part or in whole by the act, neglect, fault or omission of any duty by Tenant, or its agents, servants, employees or invitees, in which have become unusable due case Tenant shall pay to fair wear Landlord the entire cost of such maintenance and tearrepairs.
(c) Tenant hereby waives Section 1932.1 of the Civil Code of California, defect 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 bad workmanship at any time during similar or successor laws. Except as provided in Paragraph 23 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury or interference with Tenant's business arising from the Termmaking of any repairs, alterations or improvements to any portion of the Building or the Premises or to fixtures, appurtenances and equipment therein.
Appears in 1 contract
Sources: Office Lease (Salix Holdings LTD)
Maintenance. 4.10.1 On Tenant shall , throughout the term of this lease, take and good care of the demised premises and the fixtures and repairs appurtenances therein. Tenant shall be responsible for all damage or before injury to the date hereof demised premises or any other part of the building and the systems and equipment thereof, whether requiring, structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to enter into contracts (Tenant or any subtenant or arising out of the “Maintenance Contracts”)installation, if not already existinguse or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage tot the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant's expense, all repairs in and tot he demised premises for which Tenant is responsible, using only the contractor for the regular maintenance trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and thereof for which Tenant is responsible shall be performed by Owner at the Landlord’s sole expense to Tenant's expense. Owner shall maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during and repair the Term but only exterior and the structural portions of the building, including the structural portions of its demised premises, and the public portions of the building interior and the building plumbing, electrical and ventilation systems (to the extent that such maintenancesystems presently exist) servicing the demised premises. Tenant agrees to give prompt notice to any defective condition in the premises for which Owner may be responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start portion of the Term building or the demised premises or in and thereafter to the fixtures, appurtenances or equipment thereof, it is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease, Tenant agrees that Tenant's sole remedy at law in such instance will be serviced once during each year by the way of the Term and an action for the avoidance damages for breach of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date contract. The provisions of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have Article 4 shall not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate apply in the appropriate form on case of fire or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings other casualty which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Termare dealt with in Article 9 hereof. Window Cleaning:
Appears in 1 contract
Sources: Lease Agreement (Compuflight Inc)
Maintenance. 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”)Subtenant shall, if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only Term, at its sole cost and expense, promptly perform all maintenance and repairs to the extent interior of the Third Floor Space that such are not Master Landlord’s, Sublandlord’s or Tenant’s express responsibility under the Master Lease, Sublease or this Agreement, and shall maintain the interior of the Third Floor Space, including, without limitation, the FF&E, in good condition and repair, reasonable wear and tear and damage caused by casualty excepted and repairs that are the express responsibility of Master Landlord, Sublandlord, and Tenant under the Master Lease, Sublease and this Agreement excepted. For the avoidance of doubt, Subtenant’s obligations as to the Third Floor Space under the preceding sentence shall not differ from Tenant’s obligations as to the Subleased Premises as set forth in Section 5.5(b) of the Sublease. Notwithstanding anything to the contrary expressed in this Agreement, but subject to the provisions of the Master Lease and Sublease, Tenant shall not be liable for and there shall be no abatement of rent with respect to any injury or interference with Subtenant’s business arising from any performance or nonperformance of any repair, maintenance, repair alteration or improvement in and renewal is not actually carried out under to any portion of the Maintenance Contracts.
4.10.6 To ensure that:-
Subleased Premises, including the Third Floor Space, no actual or constructive eviction of Subtenant shall result from such performance or non performance; provided, however, that notwithstanding anything to the contrary contained in this Agreement, (i) Tenant, upon its receipt of written notice from Subtenant, shall use reasonable efforts to enforce all repair and maintenance obligations of Sublandlord under the Installations including any cooking apparatus have been serviced by a properly qualified person within Sublease and Master Landlord under the period of three months before the start of the Term Master Lease, and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If if for any reason Tenant shall be entitled to receive under the Installations 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 a casualty or condemnation, Subtenant shall not been serviced within have the period right to terminate this Agreement, and Subtenant shall not be relieved from the performance of three months before any covenant or agreement in this Agreement by reason thereof. Subtenant hereby waives ad releases its right to make repairs at Tenant’s expense under Sections 1932(1), 1933(4), 1941 and 1942 of the start California Civil Code or any similar or successor law now or hereinafter in effect. At the end of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start earlier termination of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the this Agreement, Subtenant’s surrender obligations under any superior this Agreement (shall be deemed satisfied if any)
4.10.8 To keep any gardens (including all shedsSubtenant shall deliver the Third Floor Space to Tenant in broom clean condition, outbuildingsfree of its personal property, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility shall have no obligation to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace remove any of the Furniture FF&E or furnishings which have become unusable due any Alterations or Tenant Improvements made to fair wear and tear, defect the Third Floor Space by Sublandlord or bad workmanship at any time during the TermTenant.
Appears in 1 contract
Sources: Sub Sublease (Glu Mobile Inc)
Maintenance. 4.10.1 On Except for those obligations of Master Landlord under the Master Lease and subject to Section 8(b) herein, Sublessee shall repair and maintain the Subleased Premises and all equipment, systems, and property which are either located within or before solely servicing the date hereof Subleased Premises, in good and clean order and condition and in every respect as required by the Master Lease. At the expiration or earlier termination of the Term of this Sublease, Sublessee shall surrender the Subleased Premises to enter into contracts (Sublessor in as good order and condition as when Sublessee took possession, normal wear and tear and casualty and condemnation excepted, and in the “Maintenance Contracts”), if not already existing, condition required for the regular maintenance and servicing surrender of same under the provisions of the space Master Lease. In addition, and water without limitation of the foregoing, Sublessee shall (a) if Sublessor so requests, remove any improvements or alterations made by Sublessee to the Subleased Premises and repair any damage caused by such removal, and (b) if Sublessor shall so request, leave any improvements or alterations made by Sublessee to the Subleased Premises, except for any trade fixtures or personal property installed or placed by Sublessee in the Subleased Premises. The Sublessee shall also pay in full all utility costs and all carpet cleaning and janitorial costs for the Subleased Premises throughout the full term of the Sublease. Notwithstanding anything to the contrary contained in this Section 11 and exclusive of any damage caused by Sublessee, Sublessor (or Master Landlord to the extent Master Landlord has agreed to take on the following obligations) shall remain responsible for the repair and maintenance of all equipment, systems and property which service the entire Premises (as opposed to solely servicing the Subleased Premises) and Sublessee shall pay its prorated share (based on square footage of the Subleased Premises to the Premises) of the actual costs of such repair and maintenance, provided that if Sublessee contests a repair cost as unreasonably excessive (in light of comparable repair costs within the City of Palo Alto) or inaccurate, Sublessee shall notify Sublessor of its objection prior to the applicable payment due date and the parties will in good faith seek to resolve the dispute within ten (10) days of Sublessor’s receipt of the notice.
(a) Notwithstanding anything to the contrary, Sublessor may elect, at its option, to perform certain repairs or routine maintenance of the systems, such as heating systems and air conditioning, serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms Subleased Premises and in such form as the Tenant event, Sublessee shall reasonably specify and be with contractors previously approved by the Tenant (such approval not pay to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense Sublessor its proportionate share of the Landlord (save only to the extent that such costs actual and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result reasonable cost of such maintenance.
4.10.3 If (b) Without limiting or modifying the Landlord has already entered into Maintenance Contracts before provisions of Section 21, which in part incorporates the date terms of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details Section 9 of the contractor Master Lease, Sublessee hereby waives all rights under California Civil Code section 1941 and all rights to make repairs at the expense of Sublessor or contractors he has entered into in lieu thereof to vacate the Maintenance Contracts withSubleased Premises as provided by California Civil Code section 1942 or any other law, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlordstatute or ordinance now or hereafter in effect.
(iic) If Except for Section 8(b), Sublessor has no obligation and has made no promise to alter, remodel, improve, repair, maintain, decorate or paint the Subleased Premises or any part thereof or any equipment, fixtures or improvements therein, except as expressly set forth in this Lease. No representations respecting the condition of the Maintenance Contracts expire Subleased Premises, the Premises or are brought the Building have been made to an end Sublessee either by the relevant contractor at Sublessor or by any time during the Term then the Landlord shall use its best endeavours real estate broker, except as expressly set forth in this Sublease. Sublessee’s obligation to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations Subleased Premises and every part thereof and all equipment, fixtures and improvements therein in good working order at all times during the Term but only to the extent that such maintenance, condition and repair and renewal in accordance with this Section 11 is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is consideration for Sublessor’s leasing the Landlord’s responsibility Subleased Premises to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the TermSublessee.
Appears in 1 contract
Sources: Sublease (Telik Inc)
Maintenance. 4.10.1 On or before (a) Tenant will, at its sole cost and expense, keep, maintain, repair and replace (when necessary) the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing interior portions of the space and water heating systems serving the Property and the other gas and electrical installations within the Property Premises (“the Installations”which Landlord is not obligated to repair in accordance with Section 11(b) and at the Landlord’s sole expense to maintain such contracts below) in first-class condition and make all payments due thereunder throughout needed repairs thereto, including plate glass, doors, windows, exposed interior utility lines, meters, pipes, conduits, fixtures and other equipment and systems (including, without limitation, HVAC equipment) serving exclusively the whole Premises and equipment and personal property of Tenant within the Term.
4.10.2 To procure that Premises, the Maintenance Contracts, if not already entered into, which will be entered into by Pool and elevators exclusively serving the Landlord are on such terms and in such form as the Premises. Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld permit no waste, damage or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works injury to the Installations which may be required from time Premises. Tenant shall perform all necessary repairs, alterations and improvements to time in accordance cause the Premises to comply with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the all applicable Laws, except that Landlord (save only and not Tenant) shall be responsible for making any capital repairs, alterations or improvements to the Premises required to cause the Premises to comply with applicable Laws to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur compliance is not required as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details Tenant’s particular use of the contractor Premises or contractors he has entered into Tenant's particular Alterations to the Maintenance Contracts withPremises, including providing but the Tenant with copies cost of such capital item may be includable in Common Area Expenses on an amortized basis as provided in Section 10(a) above. Notwithstanding anything to the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor contrary contained in this Lease, if at any time during the Term of this Lease, Tenant is required to make any replacements to the HVAC equipment serving the Premises or other mechanical or utility systems serving the Premises having a useful life extending beyond the expiration of the Term of this Lease, then the Landlord shall use its best endeavours to enter into reimburse Tenant for a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry fraction of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination costs of the existing contractapplicable replacement item, the numerator of which is the number of months in the reasonably anticipated useful life of the applicable replacement item beyond the expiration of the Term of this Lease and the denominator of which is the total number of months in the reasonably anticipated useful life of the applicable replacement item, which reimbursement shall be made by Landlord to Tenant within thirty (30) days following Tenant’s submission to Landlord of request therefor accompanied by reasonable evidence of the costs of such replacement item.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts (b) Landlord will, at least once in every calendar year.
4.10.5 To maintain repair renew its sole cost and keep the Installations in good working order at all times during the Term but only to the extent that such maintenanceexpense, keep, maintain, repair and renewal replace in first-class and professional manner and repair consistent with the standards of first-class shopping centers comparable to the Shopping Center located in the vicinity of the Shopping Center, and (subject to Tenant’s obligation to perform necessary repairs, alterations or improvements to the Premises to comply with applicable Laws where such compliance is not actually carried out under required as a result of Tenant’s particular use of, or alterations to, the Maintenance Contracts.
4.10.6 To ensure that:-
Premises) perform any repairs, improvements or alterations required by applicable Laws to, the foundation, footings, roof, roof membrane, exterior walls (provided that Common Area Expenses may include (i) graffiti removal from and touch-up painting of exterior walls, and (ii) complete painting of exterior walls not more often than once per each five (5) year period during the Installations including any cooking apparatus have been serviced by Term, provided that the cost of such complete painting shall be amortized over a properly qualified person within the five (5) year period of three months before the start and Common Area Expenses shall only include one-fifth (1/5th) of the Term and thereafter will be serviced once cost thereof during each year of such amortization) and structural portions of, the Term Premises (excluding front doors, windows, and plate glass), utility lines, meters, pipes, conduits, fixtures and other equipment and systems (except if exposed within the Premises and serving exclusively the Premises), exterior sprinkler systems, gutters and downspouts, plus all Common Areas of the Shopping Center. Tenant may give Landlord notice of such repairs as may be required under the terms of this Section, and Landlord shall proceed forthwith to effect the same with reasonable diligence, but in no event later than thirty (30) days after having received notice (or such greater period of time as is reasonably necessary to complete such repairs in the event such repairs are not reasonably susceptible of completion within thirty (30) days, provided Landlord shall, following receipt of such notice from Tenant, promptly commence such repairs and diligently prosecute the same to completion). In event of an “emergency” (which, as used in this Lease, shall mean a situation posing an imminent risk of material property damage, injury to persons or interruption of business operations in the Premises), Tenant shall have the right, but not the obligation, to undertake immediate repairs of such nature as would normally be Landlord’s responsibility, and notify Landlord promptly after such repairs have been undertaken (including, without limitation, notice by telephone, to the extent reasonably practicable). If Landlord fails to repair any portion of the Premises which is Landlord’s responsibility, within the thirty (30) day period set forth above (or such greater period of time as is reasonably necessary to complete such repairs in the event such repairs are not reasonably susceptible of completion within thirty (30) days, provided that following receipt of such notice from Tenant, Landlord promptly commences such repairs and diligently prosecutes the same to completion) and upon delivery of an additional notice to Landlord, or in the case of any emergency as above stated, Tenant may without notice perform the repairs or maintenance and Landlord shall reimburse Tenant for the avoidance reasonable cost of doubt such repairs within thirty (30) days following Landlord’s receipt from Tenant of invoices and/or other reasonable evidence of the gas contractor must amount of such costs; provided, however, that in the event Landlord in good faith disputes whether Tenant properly performed an obligation of Landlord hereunder or the cost of such performance, Landlord shall have the right to dispute the same by institution of a reference proceeding in accordance with the provisions of Section 39 below. If it is determined pursuant to such proceeding that Tenant did not properly perform an obligation of Landlord in accordance herewith or that the cost of such performance was unreasonable, then Tenant shall not have any right to reimbursement for the cost of performance as herein provided (or, as to a determination of unreasonable cost, Tenant shall not be GAS SAFE registered entitled to reimbursement of the portion of the cost of such performance determined to be unreasonable). If it is determined pursuant to such proceeding that Tenant properly performed an obligation of Landlord hereunder, then Landlord shall within thirty (30) days following such determination, reimburse Tenant for the reasonable cost of such performance as determined pursuant to such action, plus interest thereon at the “Interest Rate” (as hereinafter defined) from the date of Tenant’s expenditure until Landlord’s reimbursement. Should Landlord fail to pay such amount as is owing in accordance herewith (A) within thirty (30) days of receipt of invoice and/or other reasonable evidence of the amount of such costs (if Landlord does not institute an action within such thirty (30) day period to in good faith dispute as herein provided), or (B) within thirty (30) days after such determination by such action, as applicable, Tenant may deduct and electricity contractor must have been approved offset such amount (including interest at the Interest Rate from the time such expenditure was made by NICEIC Tenant until paid by Landlord) from Minimum Rent, Percentage Rent, Tenant’s Share of Common Area Expenses, Taxes and Insurance and other monetary obligations of Tenant owing to Landlord hereunder, provided that in no event shall such deduction or offset exceed twenty-five percent (25%) of Minimum Rent for the applicable month, or such other regulatory bodies which replace them respectively and that greater percentage as is necessary to allow Tenant full recovery of the Landlord will at its sole expense provide amount owing over the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year remainder of the Term.
(c) Landlord and its authorized representatives may enter the Premises during usual business hours, upon not less than twenty-four (24) hours’ prior written notice to Tenant to (i) inspect the same; and (ii) show the same to prospective mortgagees, buyers and, in the final six (6) months of the Term, tenants. Landlord may, upon reasonable prior notice to Tenant (except that no such prior notice shall be required in an emergency situation of imminent personal injury or material property damage where notice is not reasonably practicable under the circumstances), enter the Premises to make additions, alterations or repairs to the Premises as Landlord is required to make in accordance with this Lease or in order to comply with applicable Laws, provided, however, that all such additions, alterations and/or repairs shall be performed in a manner so as to minimize interference with the operation of Tenant’s business from the Premises. In addition, in event of an emergency, Landlord shall have the right, but not the obligation, to undertake immediate repairs of such nature as would normally be Tenant’s responsibility, and notify Tenant promptly after such repairs have been undertaken (including, without limitation, notice by telephone, to the extent reasonably practicable). If Tenant fails to repair any portion of the Installations have not been serviced Premises which is Tenant’s responsibility, within thirty (30) days after notice from Landlord of the necessity for such repair (or such greater period of three months before time as is reasonably necessary to complete such repairs in the start event such repairs are not susceptible of completion within thirty (30) days, provided that following receipt of such notice from Landlord, Tenant promptly commences such repairs and diligently prosecutes the same to completion), or in the case of any emergency as above stated, Landlord may perform the repairs or maintenance and Tenant shall reimburse Landlord for the reasonable cost of such repairs within thirty (30) days following Tenant’s receipt from Landlord of invoices or other reasonable evidence of the Term amount of such costs; provided, however, that in the event Tenant in good faith disputes whether Landlord properly performed an obligation of Tenant hereunder or if that the cost of such performance was unreasonable, Tenant shall have the right to dispute the same by institution of a reference proceeding in accordance with the provisions of Section 39 below. If it is determined pursuant to such proceeding that Landlord does did not properly perform an obligation of Tenant in accordance herewith or that the cost of such performance was unreasonable, then Landlord shall not have any valid certificates right to reimbursement for the cost of performance as mentioned in sub-clause 4.10.6 herein provided (i) above then the or, as to a determination of unreasonable cost, Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start shall not be entitled to reimbursement of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance portion of the obligations under any superior Agreement (if anycost of such performance determined to be unreasonable)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if . If it is determined pursuant to such proceeding that Landlord properly performed an obligation of Tenant hereunder, then Tenant shall within thirty (30) days following such determination, reimburse Landlord for the reasonable cost of such performance as determined pursuant to such action, plus interest thereon at the Interest Rate from the date of Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Termexpenditure until Tenant’s reimbursement.
Appears in 1 contract
Sources: Retail Lease (Sport Chalet Inc)
Maintenance. 4.10.1 On or before At all times during the date hereof to enter into contracts (existence of Contractor's ----------- actual possession and use rights under the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) Management Agreement and at the Landlord’s sole its own expense to maintain such contracts and make Contractor shall:
(a) provide all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contractsmaintenance, if not already entered intoincluding a preventive maintenance program, which will be entered into maintain, preserve and keep the physical structure, fixtures and equipment in good repair, working order and condition;
(b) meet all warranty and maintenance requirements. The State of Nevada, or its agent will have the right to review the maintenance program planned by the Landlord are on Contractor and to audit the program at any time;
(c) comply with reasonable audit recommendations;
(d) maintain the physical structure of the Facility and all moveable and tangible personal property contained therein, including all equipment and fixtures purchased for this Facility pursuant to this Agreement in accordance with applicable Court Orders, and ACA Standards. Conduct all ordinary routine maintenance and will in so doing maintain, preserve and keep the Facility and all such terms equipment in good repair, working order and in such form as the Tenant shall reasonably specify condition, subject to normal wear and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) tear, and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required will from time to time in accordance with the appropriate legislation PROVIDED THAT any make or cause to be made all necessary and proper repairs, including those identified by self-monitoring and State inspections such works will be carried out entirely at the cost that all replacements and expense renewals shall thereupon become part of the Landlord (save only Facility. It is specifically understood and agreed that Contractor will keep maintenance records using forms acceptable to DOA. During the extent that such costs and expenses are term of this Agreement, DOA shall have no responsibility, financial or otherwise, with respect to maintenance of the Facility. The responsibility for maintenance of the Facility shall be the sole responsibility of the contractors under Contractor;
(e) subject to prior written approval of DOA, which approval shall not unreasonably be withheld, have the Maintenance Contracts) authority to remodel the Facility or make substitutions, alterations, additions, modifications and improvements to the Facility from time to time, and the Landlord agrees same shall become part of the Facility;
(f) promptly after the occurrence of any damage to fully indemnify or loss of a Facility, including those from a Force Majeure, that materially affects the Tenant against any costs, expenses or other sums which the Tenant may incur as a result continued operation of such maintenance.
4.10.3 If Facility, notify DOA of such loss or damage and DOA and Contractor shall jointly assess the Landlord has already entered into Maintenance Contracts before the date nature and extent of this Agreement then the following shall apply:-
(i) The Landlord shall on such damage or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts withloss and, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry practicable thereafter, determine whether it is practicable and desirable to rebuild, repair or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent restore such damage or loss. DOA shall determine that such maintenancerebuilding, repair repairing or restoring is practicable and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-desirable; and
(ig) operate and maintain the Installations including any cooking apparatus have been serviced by a properly qualified person within Facility in compliance with the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the TermStandards.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Sources: Construction/Installment Purchase and Management Services Contract (Correctional Services Corp)
Maintenance. 4.10.1 On or before It is recalled that, from the date hereof to enter into contracts (Effective Date, the “Maintenance Contracts”)Lessor shall carry out significant works in the Building, if not already existinga summary description of which appears in Schedule 1, for and that the regular maintenance cost of these works shall be entirely borne by the Lessor. During the term of this lease, the Lessee must keep the premises in a proper state of maintenance, functioning, safety, cleanliness and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) hygiene, and at the Landlord’s sole its expense carry out or cause to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely any works and repairs that might be necessary, except for the major repairs referred to in Article 606 of the French Civil Code, which shall be the Lessor’s responsibility and must be taken to mean, in a strictly exhaustive manner, works of reconstruction of the load-bearing walls and of the roofing, excluding any other repair. The Lessee must also make good the premises and discharge the amount of any repairs to be carried out, except for those necessitated by dilapidations. For this purpose, at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for latest by the Landlord.
(ii) If any day of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contractlease, a premises condition report shall be drawn up involving both parties, which shall include, where appropriate, a summary of the repairs to be carried out that are the Lessee’s responsibility. If this is The Lessee shall pay directly to the Lessor the amount of the repairs on submission of the contracting firms’ invoices checked by the Lessor’s architect. The Lessee shall not possible then carry out in the Landlord shall use its best endeavours to enter into a new Maintenance Contract Premises works other than those necessary for the service required with a new contractor as soon as possible after the expiry or termination normal maintenance of the existing contract.
4.10.4 To provide Building without the Tenant with copies Lessor’s prior written permission. Where permission is given, the works of whatever nature must be executed at the Lessee’s sole expense and risk and under the supervision of an architect or a technical design office approved by the Lessor and whose fees shall be borne by the Lessee. Failing the execution by the Lessee of these works, the Lessor may substitute itself for the Lessee and have them carried out by a contracting firm of its choice, at the Lessee’s sole expense, without prejudice to any costs of making-good consequent upon damage caused by a failure to observe the provisions of this Clause. The Lessee must suffer without any compensation or reduction in the price of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such rent any urgent works of maintenance, repair or reconstruction, etc. that the Lessor deems to be reasonably necessary to cause to be executed in the premises, during the term of this lease, whatever the nature and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) duration thereof, even if the Installations including any cooking apparatus have been serviced latter exceeds forty days, by a properly qualified person within the period of three months before the start derogation from Article 1724 of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the TermFrench Civil Code.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Sources: Lease Agreement (Tornier B.V.)
Maintenance. 4.10.1 On Without limiting Tenant’s maintenance obligations set forth elsewhere in this Lease, Tenant, at its sole cost and expense, shall maintain all of the Premises, excepting the 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 condition and repair and to keep the Tennis Facility as a state of the art facility. Any unsightly or before hazardous waste, trash or equipment on the Premises is strictly prohibited. All refuse generated by the operation of the Tennis Facility and any other Improvements, excepting the Public Improvements, shall be disposed of in accordance with all Legal Requirements in an expeditious and a sanitary manner. All refuse retained on the Premises shall be confined within secured sanitary confines, out of public view and maintained in such manner as to prevent noxious or unpleasant odors, and the Public Restrooms shall be kept clean and in good working order, adequately stocked with soap and all necessary paper products. Tenant shall be responsible for clearing and removing snow and ice from the parking lots on the Premises and from the sidewalks on the Premises. The County shall maintain the Access Road and subject to budget appropriations, shall maintain the remainder of the Park, excluding the Premises, to at least the County’s then current standards and shall invoice the Tenant for fifty percent (50%) of the costs incurred to maintain the Access Road. Tenant shall pay all related invoices submitted by the County to Tenant for such costs within thirty (30) days from the date hereof of the invoice, and all such invoiced costs shall be deemed to enter into contracts (be Additional Rent due under this Lease. Notwithstanding anything to the “Maintenance Contracts”)contrary contained herein, if not already existingthe County is delayed in plowing or repairing the Access Road because of an Unavoidable Delay, as defined below, then Tenant shall have the right to plow and/or repair the Access Road in order to ensure continued pedestrian and vehicular access to the Premises and to otherwise maintain the safety and security of Tenant’s members, guests and invitees. In the event that Tenant exercises its rights of repair of the Access Road pursuant to this Section 5.9, Tenant may offset the actual reasonable costs it incurs for the regular maintenance and servicing repair from the fifty percent (50%) share of the space and water heating systems serving costs that Tenant owes to the Property and County for costs incurred by the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense County to maintain such contracts and make all payments due thereunder throughout the whole Access Road. All of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will Tenant’s exterior maintenance shall be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the County’s then current standards. Tenant may incur as propose a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid general landscaping plan for approval by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord County, which approval shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld withheld, conditioned or delayed) on or before . Tenant’s compliance with the expiry general landscaping plan shall be deemed satisfaction of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contractTenant’s day-to- day landscaping obligations.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Sources: Ground Lease Agreement
Maintenance. 4.10.1 On or before Sublessee shall maintain the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time Subleased Premises in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost terms and expense conditions of Section 5 of the Landlord Master Lease. Sublessor shall be responsible for reimbursing Sublessee for thirty percent (save only to the extent that such 30%) of all costs and expenses are the responsibility reasonably incurred by Sublessee for such maintenance of the Subleased Premises (but specifically excluding all costs and expenses relating to maintenance and repairs necessitated by the negligence or willful misconduct of Sublessee and/or its employees, agents, contractors under and/or invitees) within thirty (30) days after receipt of an invoice from Sublessee. In the Maintenance Contractsevent Sublessor fails to reimburse Sublessee within such thirty (30) day period, Sublessee may deduct such amount due from Sublessor from the next installment of Rent. Sublessee shall also repair and pay for any damage caused by any act or omission of Sublessee or Sublessee’s agents, employees, contractors, invitees, licensees or visitors. If Sublessee fails to promptly make or perform the cleaning, maintenance, repairs and replacements as required herein, Sublessor may, at its option, make or perform Sublessee’s obligations hereunder and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result cost incurred relating thereto plus 15% of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date costs for overhead and supervision shall be charged to Sublessee as additional rent and shall become due and payable by Sublessee within ten (10) days after receipt of Sublessor’s invoice. Sublessor’s share of such costs shall be subject to adjustment as provided in Paragraph 4(b) of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the LandlordSublease.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Maintenance. 4.10.1 On or before (A) It is the date intention of the parties that this is a "triple net" lease; that is, Lessee 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 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 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 to enter into contracts (the “Maintenance Contracts”unless necessitated by Lessee's acts), if Lessee agrees, at its own expense, to make all necessary repairs to the Buildings, including but not already existinglimited to, all interior and exterior portions thereof and to do all other necessary maintenance in connection with the Leased 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 the regular all maintenance and servicing of the space repair expenses with respect to all lawn, yard, shrubbery, snow removal and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and sprinkler system charges. Lessee further agrees at the Landlord’s sole its own expense to maintain such contracts or replace all minor and make all payments due thereunder throughout the whole major components of or entire systems of the Term.
4.10.2 To procure that Leased Premises, such as the Maintenance Contractsplumbing, electrical, heating and air conditioning, if not already entered intoany, 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 will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) replaced by Lessor pursuant to Section 1 hereof, the same shall be in good working condition as of [*], and the Landlord hereby irrevocably authorises the Tenant who parties shall act reasonably) conduct a walk-through on or about [*], in order to instruct the contractors under the Maintenance Contracts to undertake prepare a punch list of any maintenance servicing or repair works to the Installations defects in such systems that will be promptly repaired by Lessor. [*] omitted, confidential material, which may be required from time to time in accordance material has been filed separately with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost Securities and expense of the Landlord (save only Exchange Commission pursuant to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid request for by the Landlordconfidential treatment.
(iiB) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time Lessor shall, during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry entire term of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew Lease and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide cost and expense, keep and maintain in good order, condition and repair the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificateroofs, valid Electricity Safety Certificate exterior walls, foundations and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year other structural portions of the TermBuildings unless necessitated by the acts or negligence of Lessee or Lessee's employees, agents, invitees, sublessees or contractors.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Sources: Lease Agreement (Amazon Com Inc)
Maintenance. 4.10.1 On or before (a) Subject to the date hereof to enter into contracts (provisions of Section 18, Tenant shall, at Tenant's sole cost and expense, during the “Maintenance Contracts”entire Term, keep and maintain in good order, condition and repair the Premises and every part thereof, including, but not limited to, all plumbing, sewage, fixtures, interior walls, storefront(s), all electrical facilities and equipment, lighting fixtures, lamping, fans and electrical motors, all other appliances and equipm▇▇▇ ▇▇ every kind and nature, sprinkler equipment (if any), and any other mechanical systems in the Premises. Tenant's obligations shall include, but shall not already existingbe limited to, for the regular maintenance and servicing obligation to replace when necessary any of the space items required to be maintained by Tenant at its sole cost and water heating systems serving 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 Property Premises and put the same in good order, condition and repair and make such replacements as may be necessary, and the other gas cost thereof shall become due and electrical installations within payable as additional rent by Tenant to Landlord upon demand, but nothing in this sentence contained shall be deemed to impose a duty upon Landlord or affect in any manner the Property (“the Installations”) and at the Landlord’s sole expense obligations placed upon Tenant by this Section 11. Any such entry by Landlord shall not be deemed to maintain such contracts and make all payments due thereunder throughout the whole be an eviction of the TermTenant.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the (b) Tenant shall reasonably specify and be with contractors previously approved by the Tenant provide for (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the Tenant's cost and expense of as hereinafter set forth) the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start replacement of the Term heating, ventilating and thereafter will be serviced once during each year of air conditioning equipment (HVAC) in the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the TermPremises.
(iic) If Tenant shall furnish (at Tenant's costs and expense as hereinafter set forth) trash and garbage receptacles and the Installations have not been serviced within the period removal of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for trash and obtain the garbage from said certificatesreceptacles.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Sources: Lease Agreement (Dominion Homes Inc)
Maintenance. 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”)A. Except as expressly provided otherwise in this lease, if not already existingTenant shall, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide cost and expense, maintain the Tenant on or before premises including the commencement date building and improvements thereon, the parking area and service areas, the approaches thereto and appurtenances thereof, including all adjacent sidewalks and alleys, in good order and repair during the term of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificatelease. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does shall not have any valid certificates as mentioned in sub-clause 4.10.6 responsibility to maintain the premises. Tenant waives the provisions of Civil Code (i) above then the Landlord must pay S)(S)1941 and 1942 with respect to Landlord's obligation for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start tenantability of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing premises and ▇▇▇▇▇▇) forming part 's right to make repairs and deduct the expenses of such repairs from rent.
B. Tenant shall, at its sole cost and expense, during the term of this lease keep and maintain all the personal property in good order and repair. Tenant shall have the right to install on the premises any and all equipment and fixtures which Tenant desires to install thereon and which are necessary or convenient to Tenant's use of the Building, if it is the Landlord’s responsibility to do premises as a skilled nursing facility. All such property so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all installed by ▇▇▇▇▇▇ (other than as replacements for personal property as provided below) shall be and grass remain Tenant's property and may be removed by ▇▇▇▇▇▇ as provided in this lease. Tenant shall not remove the personal property or any part thereof from the premises without the prior written consent of Landlord. Tenant shall replace with suitable substitutes any worn out or broken items of personal property as the same may occur from time to time throughout the term of this lease, at Tenant's expense. Items so replaced by Tenant shall become the Property regularly trimmed property of Landlord. ▇▇▇▇▇▇ agrees, upon written request from Landlord, to execute for filing a form UCC-l Financing Statement listing Tenant as "debtor" and cutLandlord as "secured party" with respect to the personal property on the premises and listed on Exhibit B.
4.10.9 To repairC. ▇▇▇▇▇▇ accepts the premises and personal property in their "as is" condition and Tenant shall make all repairs, renew or replace any alterations, replacements and additions necessary to obtain and maintain licensing as a skilled nursing facility and certification of the Furniture or furnishings which have become unusable due to fair wear facility as a provider under Medi-Cal and tear, defect or bad workmanship at any time Medicare legislation during the Termentire term of this lease.
Appears in 1 contract
Sources: Assignment and Assumption of Lease Agreement (Sycamore Park Convalescent Hospital)
Maintenance. 4.10.1 On Tenant shall at all times keep the Demised Premises and all fixtures and equipment therein in clean, safe and sanitary condition, shall take good care thereof, shall suffer no waste or before injury thereto, and shall, at the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing expiration or other termination of the space term of this Lease, surrender same with all walls, carpets and water heating systems serving other improvements cleaned and in the Property same order and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, condition in which will be entered into by the Landlord they are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then commencement of the following shall apply:-
(i) The Landlord shall on or before the date term of this Agreement provide the Tenant with full details Lease, ordinary wear and tear excepted. Landlord, subject to Tenant’s obligation to contribute to Operating Expenses as provided by provisions of the contractor or contractors he has entered into the Maintenance Contracts withArticle 4, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only further subject to the extent that such maintenanceprovisions hereinafter contained with regard to damage by fire or other casualty, repair and renewal is not actually carried out under shall make all necessary structural repairs as well as all necessary repairs to the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement common areas (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of in/around the Building, if it is the Landlord’s responsibility outer walls, roof, downspouts, gutters, windows and window panes. Any cost of repairs to do so the Building, to the Demised Premises or if not to procure that any common areas, which are occasioned by the owner acts of the freehold of the Property Tenant, its officers, employees, agents, or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times invitees, shall be paid for by Tenant as Additional Rent hereunder immediately upon billing. Additional maintenance and/or repair expenses during the Term term of this lease. Check on the left and initial to keep all ▇▇▇▇▇▇ the right the responsible party: Plumbing located inside Demised Premises □ Tenant Plumbing located outside of Demised Premises □ Landlord (OpExp) Electrical located inside Demised Premises □ Tenant Electrical located outside Demised Premises □ Landlord (OpExp) HVAC repair and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any replacement □ Tenant HVAC annual preventative maintenance □ Landlord (OpExp) Sewage located in Demised Premises □ Tenant Sewage located outside of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the TermDemised Premises □ Landlord (OpExp)
Appears in 1 contract
Sources: Commercial Lease Agreement
Maintenance. 4.10.1 On or before District shall be obligated, at all times, throughout the date hereof term of this Agreement, without cost to enter into contracts (the “Maintenance Contracts”)City, if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts the Premises, AWTF and make Related Facilities and all payments due thereunder throughout Subsequent Alterations or Improvements in good appearance, repair, and safe condition, except for ordinary wear and tear, and in a condition otherwise satisfactory to Director. District shall maintain all improvements on the whole Premises, whether installed by District or City. All maintenance shall be performed diligently and shall be of a quality equal to or better than the Term.
4.10.2 To procure original work in materials and workmanship, and all work shall be subject to the prior written approval of Director, which approval shall not be unreasonably withheld. When used in this Agreement, the term “maintenance” shall include all repairs, alterations, maintenance and/or removals reasonably deemed necessary by Director in order to ensure that the Maintenance Contracts, if not already entered into, which AWTF and Related Facilities will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works consistently operate pursuant to the Installations which operational parameters set forth in Exhibit E. Landlord may be required from time to time in accordance with enter the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor Premises at any time during regular business hours, to determine if District is in compliance with the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date requirements of this Agreement with a valid Gas Safety CertificateSection 7. If, valid Electricity Safety Certificate and Energy Performance Certificate. The following any such inspection by Landlord, Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions delivers notice of any head Agreement (if any) deficiency to District; District shall promptly prepare and where not obliged deliver to do so under Landlord, District’s proposed plan for remedying the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and indicated deficiencies. ▇▇▇▇▇▇) forming part ▇▇’s failure to deliver, following any Landlord’s inspection, any notice of deficiency to District, shall not be deemed to be Landlord’s approval of the Buildingthen condition of the Project, if it is the nor Landlord’s responsibility to do so or if not to procure that the owner waiver of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Termdefault by District under this Section 7.
Appears in 1 contract
Maintenance. 4.10.1 On or before the date hereof to enter into contracts Landlord shall maintain all Shell Construction items, Building Systems (the “Maintenance Contracts”defined below), if not already existingand Building common areas including all parking areas and landscaping, in good order and condition as customary for Comparable Buildings. “Building Systems” shall include all electrical, plumbing, and air conditioning systems within the Building which either were included in the Shell Construction or which were installed by Tenant pursuant to this Lease and which meet the following requirements: (i) properly approved by Landlord; (ii) installed in conformance with all plans and specifications as approved by Landlord; (iii) Tenant shall have informed Landlord in writing of the name, address, phone number and contact person of the contractor responsible for the regular maintenance installation of such system; (iv) Tenant shall have assigned in writing all contractor’s and servicing manufacturer’s warranties received by Tenant in connection with such system; and (v) in connection with Tenant’s contracting for the installation thereof, Landlord shall have been expressly named as a third party beneficiary to, and shall have been provided copies of, such contract and any related warranties. Notwithstanding the foregoing, “Building Systems” shall not include any improvements made to or within the Premises which differ from the base building systems or are otherwise specialized to Tenant’s use and occupancy of the space Premises and water heating systems serving the Property not customary for office tenants in Comparable Buildings. Any such improvement shall be maintained and the other gas repaired by Tenant, at its sole cost and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contractsexpense, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously and subcontractors approved by the Tenant (such approval not to be unreasonably withheld or delayed) Landlord in writing and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time otherwise in accordance with the appropriate legislation PROVIDED THAT provisions of Subsections 7(b) and 7(d) below. Landlord agrees to provide services and to maintain the Building in a manner consistent with the services and maintenance provided to office tenants in Comparable Buildings; provided, however, all costs and expenses associated with the maintenance, repair and/or replacement of any such works will be carried out entirely item, element or component of Building Systems which was installed by or at the cost request of Tenant (except as approved above) shall be borne solely by Tenant, and expense of the Tenant agrees to reimburse Landlord (save only to the extent that for all such costs and expenses are the responsibility within fifteen (15) days after receipt of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenancean invoice therefor.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Sources: Lease Agreement (Realpage Inc)
Maintenance. 4.10.1 On or before (a) The Tenant shall keep the date hereof to enter into contracts (leased Premises in a neat, clean, and sanitary condition and in as good order and repair as at the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing commencement of the space Lease, reasonable wear and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the tear excepted. Tenant shall reasonably specify not do anything to cause the leased Premises or the activities therein to violate any municipal, county, state, or federal law, ordinance, or requirement, including, but not limited to any Maine Department of Environmental Protection regulations, and be shall promptly act upon any direction of any officer of competent authority. The Tenant shall permit no waste with contractors previously approved by regard to the leased Premises. Tenant (such shall make no permanent improvements to the leased Premises without the prior written approval of Landlord which approval shall not to be unreasonably withheld or delayed) . Any such permanent improvements approved by Landlord shall become the property of Landlord upon termination of this lease for any reason except as mutually agreed by Tenant and Landlord. No work which Landlord permits Tenant to do pursuant to this Lease, whether in the nature of erecting, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic's or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall pay promptly all persons furnishing labor or materials performed or furnished, or alleged to be performed or furnished, to Tenant or to anyone holding the leased Premises through or under Tenant, Tenant shall forthwith cause the same to be discharged or bonded after being notified of the filing thereof; and, in addition to any other right or remedy of Landlord, Landlord may discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord hereby irrevocably authorises including reasonable attorney's fees incurred by Landlord in procuring the discharge of lien, per annum, shall be due and payable by Tenant who shall act reasonablyto Landlord as additional rental. in addition, Landlord may charge interest of eighteen percent (18%) on such funds after thirty (30) days of delivery of notice by Landlord to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any Tenant that Landlord has paid such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenancelien.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(ib) The Landlord shall on keep the structural, mechanical, electrical, and sanitary portions of the building which shall be defined to include without limitation, exterior walls, foundation, floors, roof, and exterior glass in good order and repair, provided, however, that any such maintenance made necessary by fault or before the date neglect of this Agreement provide the Tenant with full details or the employees or visitors of the contractor or contractors he has entered into Tenant shall be at the Maintenance Contracts with, including providing expense of the Tenant with copies and Tenant shall pay all costs therefore. Tenant will be responsible for all light bulb replacement and supplies consumed within its leased premises.
(c) Tenant shall be solely responsible for any costs related to security of the said contracts premises necessitated by use by the Tenant, its employees, customers, or clients, except as it relates to common areas which shall be protected and proof that they have each been fully paid for by maintained with reasonable efforts at Landlord's expense. This determination shall be at the sole discretion of the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Sources: Lease Agreement (Access Integrated Technologies Inc)
Maintenance. 4.10.1 On The Lessee shall:
13.1 advise the Lessor within 14 (FOURTEEN) Days after occupying the premises of any defects in the premises or before the date hereof to enter into contracts (the “Maintenance Contracts”)of any keys, if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas locks windows and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts fittings which are in a defective state or missing articles and make all payments due thereunder throughout the whole of the Termcondition of the premises.
4.10.2 To procure that 13.2 at its own expense keep and maintain the Maintenance Contracts, if not already entered into, which will be entered into by interior of the Landlord are on such terms leased premises including the paint work in good order and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake do any maintenance servicing or repair works to the Installations painting which may be required necessary from time to time to the interior of the leased premises;
13.3 keep the premises free of insect infestation and in a clean, tidy and sanitary condition;
13.4 not cause or permit the obstruction or blockage of sewerage pipes, water pipes and drains in use in connection with the premises, but shall throughout the currency of this agreement maintain such sewerage pipes, water pipes and drains free from any such obstructions or blockage.
13.5 shall repair and/or replace all fluorescent tubes, ballasts and electric light globes, locks, keys, windows, glazing window fittings, electrical fittings (including electrical hot water geyser, if any) and other interior fittings that may be damaged, destroyed or lost from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenanceleased premises.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) 13.6 The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought –air-conditioning / evaporative cooling system to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing be serviced by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide cost. This service will mean the Tenant on normal day to day maintenance required and will include replacement or before the commencement date reconditioning of this Agreement with a valid Gas Safety Certificatecompressor, valid Electricity Safety Certificate and Energy Performance Certificatefan motors or electrical components such as contactors, transformers or repairing gas leaks. The Landlord at its sole expense will also provide Lessor shall:
13.7 maintain the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year exterior structure of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all shedsbuilding, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and teartear excepted:
13.8 not be under any obligation to make any repairs, defect maintenance or bad workmanship alterations of any nature to the leased premises, to comply with the requirements of any licensing authority, health official, factories inspector or official, fire inspector or any other official or authority but shall not unreasonably withhold its consent to the carrying out by the Lessee at his/its expense of any time during such work, maintenance, alterations or repairs provided that the TermLessor shall be entitled to require same to be effected by a builder or with the approval of or under the supervision of an architect approved by the Lessor, and the Lessee shall not be entitled to any compensation for any work or improvements effected by him in terms of this clause.
Appears in 1 contract
Sources: Lease Agreement
Maintenance. 4.10.1 On Repair, Restoration, Prior Liens, Parking. The Mortgagor covenants that, so long as any portion of the Indebtedness remains unpaid, the Mortgagor will:
(a) promptly repair, restore or before 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 operating condition and repair, without waste, and free from mechanics’, materialmen’s or like liens or claims or other liens or claims for lien (subject to the Mortgagor’s right to contest liens as permitted by the terms of Section 28 hereof) , provided that the Mortgagor shall not hereby be required to repair any existing condition or defect in the Improvements or Building Systems;
(c) pay when due the Indebtedness in accordance with the terms of the Note and the other Loan Documents and duly perform and observe all of the terms, 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 hereof to enter into contracts (the “Maintenance ContractsSubordination and Intercreditor Agreement”) among ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇▇▇ ▇. ▇▇▇▇▇▇ and the Mortgagee, which Subordinate Indebtedness shall be paid by the Mortgagor, or payment thereon deferred, only in accordance with the terms of the Subordination and Intercreditor Agreement), if not already existing, for the regular maintenance and servicing upon request exhibit satisfactory evidence of the space 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 water heating systems serving covenants of record with respect to the Property Premises and the other gas use thereof;
(g) obtain and electrical installations within maintain in full force and effect, and abide by and satisfy the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such material terms and in such form as the Tenant shall reasonably specify conditions of, all material permits, licenses, registrations and be other authorizations with contractors previously approved or granted by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which 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 accordance with the appropriate legislation PROVIDED THAT Premises or demolish any such works will be carried out entirely at the cost and expense material portion of the Landlord (save only to Premises without the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costsMortgagee’s prior written consent, expenses except as required by law or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-municipal ordinance;
(i) The Landlord shall on suffer or before permit no material change in the date of this Agreement provide the Tenant with full details use or general nature of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies occupancy of the said contracts and proof that they have each been fully paid for by Premises, without the Landlord.Mortgagee’s prior written consent;
(iij) If any pay when due all operating costs of the Maintenance Contracts expire Premises;
(k) not initiate or are brought acquiesce in any zoning reclassification with respect to an end by the relevant contractor at any time during Premises, without the Term then Mortgagee’s prior written consent;
(l) provide and thereafter maintain the Landlord shall use its best endeavours to enter into a new Maintenance Contract existing parking areas for the service Premises as may be required by law, ordinance or regulation (whichever may be greater), together with a contractor previously approved in writing by any driveways and other areas for ingress, egress and right-of-way to and from the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract adjacent public thoroughfares necessary for the service required with a new contractor as soon as possible after use thereof; and
(m) comply, and cause the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order Premises at all times during the Term but only to the extent that such maintenancebe operated in compliance, repair in all material respects with all applicable federal, state, local and renewal is not actually carried out under the Maintenance Contractsmunicipal environmental, health and safety laws, statutes, ordinances, rules and regulations.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Maintenance. 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”)Tenant shall maintain, if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout repairs, alterations and replacements (including, without limitation, all ordinary, extraordinary, foreseen and unforeseen repairs, alterations and replacements) necessary to operate and maintain the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms entire Premises in good condition and repair and in such form 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. Landlord and Tenant hereby acknowledge and agree that Tenant, as the Tenant shall reasonably specify tenant under this Lease and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors as tenant under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may new A/R Hospital Lease, shall be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract responsible for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start replacement of the Term Common Areas on the Property and thereafter will be serviced once during each year of shall coordinate such responsibilities for the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety CertificateLease. Additionally, valid Electricity Safety Certificate Landlord and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year hereby acknowledge receipt of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the certain Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇Condition Report prepared by ▇▇▇▇▇ Management Services Corporation, dated August 19, 2013 (the “Property Condition Report”). Landlord and grass at Tenant shall review on an annual basis the “Deferred Maintenance Items” set forth in the Property regularly trimmed Condition Report and cut
4.10.9 To repairshall 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, renew or replace any then, upon thirty (30) days written notice to Tenant, Landlord may perform such agreed upon Deferred Maintenance Items and all costs so incurred by Landlord shall be paid by Tenant as Additional Rent utilizing a capitalization rate of ten percent (10%) over the remaining Term of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the TermLease.
Appears in 1 contract
Maintenance. 4.10.1 On (a) Hayward Subaru hereby agrees that the Property shall be maintained in a neat and orderly condition to the extent practicable and in accordance with existing industry health and safety standards (as such standards may evolve, or before otherwise be adjusted, during the date hereof to enter into contracts (the “Maintenance Contracts”Term), if and that the Improvements shall be well maintained in good repair and working order, and in a neat, clean and orderly condition. In accordance with the Disposition and Development Agreement, from time to time, Hayward Subaru shall make all necessary and proper repairs to the Improvements and the Property. To the extent commercially reasonable, maintenance and repairs to the Improvements and/or the Property shall be performed during times when Hayward Subaru is not already existingobligated to operate the Improvements as set forth in Article 2 above. To the extent any repair or maintenance will require the Improvements to be out of operation, and unavailable during the hours set forth in Section 2.2, above for more than two (2) business days, Hayward Subaru shall first obtain the prior written consent of the City, which shall not be unreasonably, withheld, delayed, or conditioned; provided, however, Hayward Subaru shall not be required to obtain the City's prior written consent in the event of an emergency or any repair necessary to prevent a threat to health and safety of the general public. In such event, Hayward Subaru shall deliver a written notice to the City within three (3) business days of such closure, setting forth, in reasonable detail, the reason(s) the Improvements, or any portion thereof, are not in operation, and the schedule for repair.
(b) Hayward Subaru shall maintain the Improvements and the Property in accordance with the following standards ("Maintenance Standards") for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole duration of the Term:
(1) Landscape maintenance shall include, but not be limited to: drought resistant watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibility, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees; and to the extent possible free of all pesticides.
4.10.2 To procure (2) Clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed-free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers.
(3) All maintenance work shall conform to all applicable federal and state Occupational Safety and Health Act standards and regulations for the Maintenance Contractsperformance of maintenance.
(4) Any and all chemicals, if not already entered intounhealthful substances, which will and pesticides to the extent allowed under section (b)(2) above, used in and during maintenance shall be entered into by applied in strict accordance with all governing regulations. Precautionary measures shall be employed recognizing that all areas are open to public access.
(5) The Improvements and the Landlord are on such terms Property shall be maintained in conformance and in such form compliance with the approved construction and architectural plans and design scheme, as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which same may be required amended from time to time with the approval of the City, and reasonable commercial development maintenance standards for similar projects, including but not limited to: painting and cleaning of all exterior surfaces and other exterior facades comprising all private improvements and public improvements to the curbline.
(6) The Improvements and the Property shall be maintained as required by this Section 3.2 in good condition and in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost custom and expense of the Landlord (save only practice generally applicable to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate comparable automobile dealership facilities located in the appropriate form on or before the start of the TermSan Francisco Bay Area.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Maintenance. 4.10.1 On Landlord shall, as an Operating Expense, maintain and make necessary repairs to the Building and the Common Areas, except that: (a) Landlord shall not be responsible for the maintenance or before repair of any systems located within the date hereof Premises that are supplemental to enter into contracts the Building’s standard systems; and (b) the “Maintenance Contracts”cost of performing any repairs caused by the negligence or misconduct of Tenant shall be paid by Tenant immediately upon demand by Landlord. Tenant shall periodically inspect the Premises to identify any conditions that are in need of maintenance or repair. Tenant shall, at its sole cost and expense, perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear and damage from casualty excepted. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), if not already existingLandlord may make the repairs, for and Tenant shall pay the regular maintenance and servicing reasonable cost of the space and water heating systems serving repairs, together with an administrative charge in an amount equal to ten percent (10%) of the Property and cost of the other gas and electrical installations within the Property (“the Installations”) and repairs. Tenant hereby waives all right to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises and its other similar rights as provided in California Civil Code Sections 1932(1), 1941 and 1942 or any other Laws (whether now or hereafter in effect). Landlord shall perform and construct, and Tenant shall have no responsibility to perform, construct or pay for, any repair, maintenance or improvement (i) to the Premises to the extent necessitated by the gross negligence or willful misconduct of Landlord’s sole expense , its agents, employees or contractors; (ii) to maintain such contracts and make all payments due thereunder throughout the whole structural portions of the Term.
4.10.2 To procure that Premises (including the Maintenance Contractsfoundation, if not already entered intofloors (other than floor coverings), which will be entered into by the Landlord are on such terms walls (other than interior wall coverings), roof and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only roof membrane), except to the extent that such costs repair is necessitated by Tenant’s gross negligence or willful misconduct (in which case such repair shall be performed by Landlord at Tenant’s cost); (iii) windows, mechanical and expenses are electrical systems, including, but not limited to, the responsibility of HVAC, electrical and plumbing systems servicing the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costsPremises, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only except to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
necessitated by Tenant’s gross negligence or willful misconduct (i) the Installations including any cooking apparatus have been serviced in which case such repair shall be performed by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the TermTenant’s cost).
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Sources: Lease Agreement (Zendesk, Inc.)
Maintenance. 4.10.1 On or before (a) The following facilities (but not limited to) shall be provided by the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing Lessor as part of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole Maintenance of the Term.
4.10.2 To procure that Building for which the sum defined in Section 6 (of the Lease Deed) as Maintenance Contracts, if not already entered into, which will Rent shall be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works charged to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-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 Landlord Lessee shall on or before the date of this Agreement provide the Tenant with full details for Security at its expense at all entry and exit points of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the LandlordOffice Space.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord Housekeeping shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
and limited to common areas (i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety CertificateLobbies, valid Electricity Safety Certificate and Energy Performance CertificateFire Escape Stairs, Internal Staircases, Parking, Roads, Pathways, Courtyard, fountains & landscape gardens). The Landlord at its sole expense will also provide Lessee shall carry out housekeeping inside the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificatesOffice Space.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate General Pest and rodent Control measures shall be carried out in the appropriate form on or before common areas and around the start Buildings. Lessee shall arrange for carrying out General Pest and rodent control activities inside the Office Space.
(iv) Civil Maintenance of the Termstructures, roads and pathways shall be carried out from time to time or as and, when required to maintain them for regular use. Such maintenance shall normally include waterproofing, painting, plastering, flooring, plumbing etc. The Lessor shall not be responsible for any damages caused to structure by the Lessee. Such damages shall be rectified at the cost of Lessee, to be included as Reimbursements.
4.10.7 To observe (v) Maintenance of all the Equipment provided by the Lessor as part of facilities and perform amenities in the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance Rent. This includes preventive maintenance, routine maintenance, annual maintenance, spares etc. The Lessor will ensure minimum breakdown of the obligations under any superior Agreement equipment and restore the services at the earliest.
(if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇vi) forming Regular maintenance in respect of electrical installations provided by the Lessor as part of facilities and amenities in the BuildingRent. The work generally includes replacement of electrical consumables, if it replacement of light fittings and consumables etc. The Lessee is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Termresponsible for his demised premises.
Appears in 1 contract
Maintenance. 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property property and the other gas and electrical installations within the Property property (“the Installations”) and at the Landlord’s landlord‟s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Termterm.
4.10.2 To procure ensure that the Maintenance Contractsmaintenance contracts, if not already entered into, which will be entered into by the Landlord landlord are on such terms and in such form as the Tenant tenant shall reasonably specify and be with contractors previously approved by the Tenant tenant (such approval not to be unreasonably withheld or delayed) and the Landlord landlord hereby irrevocably authorises the Tenant tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts maintenance contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord landlord agrees to fully indemnify the Tenant tenant against any costs, expenses or other sums which the Tenant tenant may incur as a result of such maintenance.
4.10.3 If the Landlord landlord has already entered into Maintenance Contracts maintenance contracts before the date of this Agreement lease then the following shall apply:-
(i) The Landlord landlord shall on or before the date of this Agreement lease provide the Tenant tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts maintenance contracts with, including providing the Tenant tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlordlandlord.
(ii) If any of the Maintenance Contracts maintenance contracts expire or are brought to an end by the relevant contractor at any time during the Term term then the Landlord landlord shall use its best endeavours to enter into a new Maintenance Contract maintenance contract for the service required with a contractor previously approved in writing by the Tenant tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord landlord shall use its best endeavours to enter into a new Maintenance Contract maintenance contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant tenant with copies of the Maintenance Contracts maintenance contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contractsmaintenance contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the term.
(ii) The gas contractor must be GAS SAFE is Gas Safe registered and that any electricity contractor must have has been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense to provide the Tenant tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant lease with a valid Gas Safety Certificate and (LGSR), a valid Electricity Safety Certificate for each year of the Term.
(ii) If and an Energy Performance Certificate PROVIDED THAT if the Installations have not been serviced within the period of three months before the start of the Term term or if the Landlord landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must landlord shall pay for and obtain the said certificates.certificates from one of the contractors contained in the list of approved contractors obtainable from the tenant „s building services department
(iii) To carry out the ongoing maintenance, repairs and supply of a 3 star cover policy or equivalent
(iv) That the tenant will automatically deduct the cost of the annual inspections from the rent on or before the anniversary of the current Gas Safety Certificate (LGSR) plus reasonable administrative costs.
(a) Within 7 working days from the tenant’s notification in clause 3.8 above to renew the boiler using his own “Gas Safe” registered contractor
(b) the new boiler meets industry standards including energy efficiency and has a built in programmer and that existing radiators are upgraded with thermostatic valves where necessary.
(vi) The landlord’s contractor completes the benchmark commissioning checklist and LGSR (Landlord Gas Safety Record) which must be retained at the property and that a copy is forwarded to tenant for its records
(vii) Landlord shall arrange for it’s contractor to inspect, carry out the work and issue a satisfactory LGSR (Landlord Gas Safety Record) PROVIDED THAT it is agreed that If the work is not completed within 7 days, the tenant reserves the right to notify the landlord that the tenant will be immediately arranging for the gas boiler to be renewed and in that event the cost of renewal shall be automatically deducted from the rent and that “Notify” shall be deemed to mean by post, fax or email. This will also incur reasonable administrative costs, which the tenant will be entitled to.
(viii) To provide the Tenant tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Termterm.
4.10.7 To observe and perform the covenants and conditions of any head Agreement lease (if any) and where not obliged to do so under the terms of any head Agreement lease then to procure compliance of the obligations under any superior Agreement lease (if any).
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Buildingbuilding, if it is the Landlord’s landlord‟s responsibility to do so or if not to procure ensure that the owner of the freehold of the Property property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property property tidy at all times during the Term term and to keep all ▇▇▇▇▇▇ and grass at the Property property regularly trimmed and cut.
4.10.9 To repair, renew or replace any of the Furniture furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Termterm
Appears in 1 contract
Sources: Lease Agreement
Maintenance. 4.10.1 On or before (a) Tenant covenants, at its sole cost and expense, to keep the Leased Premises and all fixtures located therein in the same condition and repair they are in as of the date hereof hereof,, ordinary wear and tear excepted, and shall promptly repair and maintain the Leased Premises at its sole cost and expense; provided, however, with the exception of ordinary day-to-day maintenance, in no event shall Tenant be responsible for the cost of roof repairs (or replacement) or repair or replacement of structural components of the Leased Premises or any building system, or any other item which would constitute a capital expenditure or capitalized expense under generally accepted accounting principles.
(b) Landlord covenants, at its sole cost and expense, to enter into contracts keep and maintain (the “Maintenance Contracts”and replace, if necessary), if not already existing, for the regular maintenance roof and servicing any of the space structural components of the Leased Premises in the same condition and water heating systems serving repair they are in as of the Property date hereof, ordinary wear and tear excepted; provided, however, ordinary day-to-day maintenance of such items shall be the other gas responsibility of Tenant hereunder. Subject to Tenant's obligation to perform ordinary day-to-day maintenance as aforesaid, Landlord further covenants, at its sole cost and electrical installations expense, to perform any and all extraordinary repairs within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and Leased Premises, replace any building systems and/or make any capital improvements, all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs necessary to keep the Leased Premises and expenses all fixtures located thereon in the same condition and repair they are the responsibility in as of the contractors under date hereof, ordinary wear and tear excepted. If Landlord fails to perform its maintenance obligations hereunder, Tenant shall have the Maintenance Contractsright, after providing Landlord with thirty (30) days' written notice and opportunity to perform the necessary repairs, to perform such repairs (and replacements, if necessary) on Landlord's behalf and at Tenant's option (a) set-off the costs thereof against all Rent then next coming due; and/or (b) submit an invoice to Landlord agrees to fully indemnify the Tenant against any for all such costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the invoice shall be paid by Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
within thirty (i30) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlorddays.
(iic) If any All work performed and all repairs made hereunder by Landlord or Tenant as appropriate, shall be done in a good and workmanlike manner which shall be consistent with industry standards, using only materials and labor of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required reasonable quality and in compliance with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry all applicable buildings and zoning laws and with all other laws, ordinances, orders, rules, regulations, and requirements of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew all federal, state, and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair municipal governments and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Termdepartments, commissions, boards, and officers thereof.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Maintenance. 4.10.1 On or before (a) Subject to the date hereof to enter into contracts (provisions of Section 18, Tenant shall, at Tenant's sole cost and expense, during the “Maintenance Contracts”entire term, keep and maintain in good order, condition and repair the Premises and every part thereof, including, but not limited to, all plumbing, sewage, fixtures, interior walls, Storefront(s), showcases, skylights, all electrical facilities and equipment, lighting fixtures, lamp▇▇▇, ▇▇ns and electrical motors, all other appliances and equipment of every kind and nature, sprinkler equipment (if any), and any other mechanical systems in the Premises. Tenant's obligations shall include, but shall not already existingbe limited to, for the regular maintenance and servicing obligation to replace when necessary any of the space items required to be maintained by Tenant at it sole cost and water heating systems serving 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 Property Premises and put the same in good order, condition and repair and make such replacements as may be necessary, and the other gas cost thereof shall become due and electrical installations within payable as additional rent by Tenant to Landlord upon demand, but nothing in this sentence contained shall be deemed to impose a duty upon Landlord or affect in any manner the Property (“the Installations”) and at the Landlord’s sole expense obligations placed upon Tenant by this Section 11. Any such entry by Landlord shall not be deemed to maintain such contracts and make all payments due thereunder throughout the whole be an eviction of the TermTenant.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the (b) Tenant shall reasonably specify and be with contractors previously approved by the Tenant provide for (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the Tenant's cost and expense as hereinafter set forth) the maintenance, repair and replacement of the Landlord heating, ventilating and air conditioning equipment (save only to HVAC) in the extent that such costs and expenses are the responsibility of the Premises. Tenant shall perform or contract with independent contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-replacement,
(ic) Tenant shall furnish (at Tenant's costs and expense as hereinafter set forth) trash and garbage receptacles and the Installations including any cooking apparatus have been serviced by a properly qualified person within removal of trash and garbage from said receptacles and the period removal of three months before the start of the Term trash and thereafter will be serviced once during each year of the Term garbage from said receptacles. Tenant shall itself furnish, or shall contract with independent contractors for such receptacles and for the avoidance of doubt the gas contractor must be GAS SAFE registered trash and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Termgarbage removal.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Sources: Lease Agreement (Dominion Homes Inc)
Maintenance. 4.10.1 On or before Subtenant shall perform all of the date hereof to enter into contracts (obligations of the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors Tenant” under the Maintenance Contracts to undertake any maintenance servicing or repair works Master Lease with respect to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costscleaning, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out replacement of the Premises and, without limitation of the foregoing, shall keep and maintain the Sublease Premises, all equipment serving the Sublease Premises, and all of Subtenant’s equipment and property contained therein in good and clean order, condition and repair. At the expiration or earlier termination of the term of this Sublease, Subtenant shall surrender the Sublease Premises to Sublandlord in good condition and repair except for ordinary wear and tear and in the condition required for the surrender of same under the Maintenance Contracts.
4.10.6 To ensure that:-
provisions of the Master Lease and this Sublease. In addition, and without limitation of the foregoing, Subtenant shall (i) if Master Landlord or Sublandlord so requests, remove any improvements or alterations made by Subtenant to the Installations including Sublease Premises, repair any cooking apparatus have been serviced damage caused by a properly qualified person within such removal, and restore the period Sublease Premises to the condition as it existed prior to the installation of three months before the start of the Term such improvements or alteration, and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If if Master Landlord or Sublandlord so requests, leave any improvements or alterations made by Subtenant to the Installations have not been serviced within Sublease Premises, except for any trade fixtures or personal property installed or placed by Subtenant in the period of three months before Sublease Premises, which shall be removed by Subtenant prior to the start expiration or earlier termination of the Term Sublease. Subtenant shall repair any damage caused to the Sublease Premises resulting from the removal of improvements, alterations, fixtures, personal property or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start equipment. Following Subtenant's vacation of the Term.
4.10.7 To observe Sublease Premises, and perform prior to the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance expiration of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all shedsterm of this Sublease Term, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part Sublandlord will conduct an inspection of the BuildingSublease Premises. Sublandlord may remedy any deficiencies in Subtenant’s restoration and/or surrender work, if it is and the Landlordcost thereof shall be payable by Subtenant to Sublandlord upon demand. If Subtenant fails to reimburse Sublandlord for such costs within five (5) days of Sublandlord’s responsibility to do so or if not to procure that written demand, Sublandlord may draw such costs from the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the TermSecurity Deposit.
Appears in 1 contract
Sources: Sublease (Exar Corp)
Maintenance. 4.10.1 On Except to the extent specified below, Tenant, at its sole cost and expense, shall maintain all portions of the Premises, including without limitation, interior and exterior walls, foundation, roof, parking and landscape areas, heating, ventilation and air conditioning systems, lighting, electrical systems, plumbing lines and equipment and other mechanical and building systems, in good repair and condition and in compliance with Legal Requirements and Insurance Requirements and shall make all necessary modifications, replacements and renewals to the Premises arising from any cause, including without limitation those required by Legal Requirements. Landlord shall have no obligation to repair, maintain, or before replace the date hereof Premises or any portion thereof, whether structural or nonstructural, foreseen or unforeseen, all of which are intended to be the obligations of Tenant under this Paragraph 10. Tenant waives to the extent permitted by applicable law the benefit of any law now or hereafter in effect that would otherwise afford Tenant the right to make repairs or replacements at Landlord's expense or to terminate this Lease on account of the failure of Landlord to make a repair or replacement. Notwithstanding the foregoing, Landlord shall be responsible at its sole cost and expense for (i) repairs and/or replacements of the roof or any structural portions of the Premises except as provided in Paragraph 12 below and (ii) any repairs covered by the one-year warranty from Landlord set forth in the Construction Addendum provided any such replacements or repairs are necessitated by normal wear and tear or defects in the structural components and supports, including structural columns supporting the roofing system, exterior load-bearing walls, slab and roofing system, and not by any specific acts or damage; and Tenant shall not be obligated to reimburse Landlord for the cost of such work. All repairs, modifications and replacements made by Tenant shall be equal in quality and class to the original work and shall be performed in compliance with all applicable warranties in effect with respect to the Premises and, with respect to modifications and replacements, the requirements for Tenant-Made Alterations. Tenant shall, at its sole cost and expense, enter into regularly scheduled preventive maintenance and service contracts (covering the “Maintenance Contracts”)heating, if ventilation and air conditioning systems and other mechanical and building systems in form and substance reasonably acceptable to Landlord with contractors approved by Landlord. If Tenant does not already existingso execute and deliver the maintenance contracts, then Landlord shall have the right to contract for said service without notice to Tenant, and Tenant shall upon demand reimburse Landlord for the regular maintenance full cost thereof. Tenant shall have the Premises exterior repainted as reasonably necessary. Landlord may, but shall not be obligated to, enter the Premises and servicing perform any obligation of Tenant under this Paragraph 10 or any other provision of this Lease that Tenant has failed to perform after 10 business days' prior written notice to Tenant, except in the case of an emergency, when no notice shall be required. The cost of Landlord's performance together with interest as provided in this Lease, shall be due and payable as additional rental on the next following due date for Base Rent. Upon termination of the space Lease Term or any extension thereof herein provided for, by lapse of time or otherwise, unless otherwise directed by Landlord, Tenant shall remove all Tenant-Made Alterations unless Landlord has agreed prior thereto that Tenant does not need to remove any such Tenant-Made Alteration. Prior to installing any Tenant-Made Alteration, Tenant may request that Landlord agree that Tenant does not have to remove such Tenant-Made Alteration, and water heating systems serving Landlord shall not unreasonably withhold its agreement provided the Property and Tenant-Made Alteration does not adversely affect the other gas and electrical installations within structure or value of the Property (“the Installations”) and Premises. All Tenant-Made Alterations, as constituted at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered intotime, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval directs not to be unreasonably withheld or delayed) removed shall upon such termination be and become the property of Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense without requirement of the Landlord (save only to the extent payment of any compensation or consideration. Tenant-Made Alterations do not include movable partitions and Tenant's trade fixtures that such costs were installed and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by Tenant and that are removable without material damage to the Landlord.
(ii) If any Premises, even though affixed in such manner as, under the law might be considered to be fixtures and part of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the real estate. Tenant (such approval not to be unreasonably withheld or delayed) on or may, before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Lease Term, remove all such moveable partitions and trade fixtures. In all cases, Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain shall repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Sources: Build to Suit Lease Agreement (Weider Nutrition International Inc)
Maintenance. 4.10.1 On LESSEE acknowledges it has inspected the Leased Premises and agrees to maintain, 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 before replacements as necessary. LESSEE also agrees to maintain the Leased Premises and its improvements and equipment in good operating order and in a neat, orderly and presentable condition consistent with good business practices. This obligation to repair includes the obligation to make all repairs to the Hangar (including the roof and exterior structures of the Hangar) and aprons now or hereafter constructed on the Leased Premises by the LESSEE. LESSEE agrees to pay for all utilities consumed on the Leased Premises including interior and exterior utility lines, equipment, fixtures and connections owned or installed by or for LESSEE. LESSEE shall also be responsible for snow removal in or on the Leased Premises. In the event the United States of America or another agency, governmental or otherwise, not hired, paid or employed by LESSOR to do so, should take over, supervise and operate runways, landing areas, lights, radio control tower, and other aerial navigation aids or facilities which shall have been operated and maintained at the Airport by LESSOR at its own expense, and LESSEE is required to make payment to such agency for the use of the facilities, then the rentals and fees provided herein for LESSEE to pay LESSOR for that particular use or activity shall terminate, it being the intent hereof that LESSEE shall not be required to pay duplicate charges. LESSOR shall not be liable for any damage either to person or property, whether sustained by LESSEE or by other persons, due to the Airport, any improvements thereon or any part thereof or any appurtenances thereof being out of repair, or due to any accident in or about the Airport, or due to any act or neglect of any tenant or occupant of the Airport or any other person, or due to lack of snow or water removal at the Airport or any part thereof or in connection with the construction of any improvement by LESSOR or its contractors at the Airport. Without limiting the generality of the foregoing, LESSOR shall not be liable for damage caused by water, steam, snow, ice, sewerage, gas, bursting or leaking of pipes or plumbing or electrical causes, or the negligence of contractors, employees, agents, or licensees of LESSOR, unless the damage is proved to be the result of the gross negligence or willful misconduct of LESSOR. In addition to other rights and remedies of LESSOR hereunder, if LESSOR discovers and reports any maintenance deficiency to LESSEE that LESSEE is responsible for as defined in the Lease and requires repair or replacement in order to maintain the Leased Premises, improvements, aircraft ramp, structural integrity or appearance of any structure(s), including without limitation any doors, roof and/or exterior walls, LESSEE will promptly undertake and complete such repairs or replacements at its expense. In the event LESSEE fails to perform its obligations hereunder, LESSOR may, at its sole option, after thirty (30) days notice, undertake and complete any such maintenance, repairs or replacements, but will have no obligation to do so, and the cost thereof will be deemed additional rent and will be paid by LESSEE to LESSOR no later than thirty (30) days after the date hereof of invoice from LESSOR to enter into contracts (the “Maintenance Contracts”), if not already existing, LESSEE for such costs. LESSEE will provide a complete and proper arrangement for the regular maintenance frequent and servicing adequate sanitary handling and disposal, away from the Airport, of the space all trash, garbage and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur refuse caused as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on occupancy or before the date of this Agreement provide the Tenant with full details use of the contractor Leased Premises. All maintenance, repairs, additions or contractors he has entered into other work of any kind or nature performed, constructed or installed by or on behalf of LESSEE in or upon the Maintenance Contracts withLeased Premises, will conform in all respects to (a) all applicable federal, state and local statutes, ordinances and building codes, (b) all applicable rules and regulations promulgated by LESSOR including providing the Tenant with copies of SAA Rules and Regulations (c) the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract SAA’s design standards, if any, for the service required with a contractor previously approved in writing Airport, as promulgated by the Tenant (such approval not LESSOR from time to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contracttime.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Sources: Aeronautical Hangar Lease Agreement
Maintenance. 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”)Tenant shall maintain, if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout repairs, alterations and replacements (including, without limitation, all ordinary, extraordinary, foreseen and unforeseen repairs, alterations and replacements) necessary to operate and maintain the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms entire Premises in good condition and repair and in such form as the Tenant shall reasonably specify compliance with all applicable laws, ordinances, rules and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld regulations and any recorded covenants, conditions or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works restrictions relating to the Installations which may be Premises, and shall surrender the Premises when required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of by this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations Lease in good working order at all times during the Term but only to the extent condition, reasonable use and wear excepted. Additionally, Landlord and Tenant hereby acknowledge receipt of that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced certain Property Condition Report prepared by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ Management Services Corporation, dated September 19, 2013 (the “Property Condition Report”). Landlord and grass at Tenant shall review on an annual basis the “Deferred Maintenance Items” set forth in the Property regularly trimmed Condition Report and cut
4.10.9 To repairshall 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, renew or replace any then, upon thirty (30) days written notice to Tenant, Landlord may perform such agreed upon Deferred Maintenance Items and all costs so incurred by Landlord shall be paid by Tenant as Additional Rent utilizing a capitalization rate of ten percent (10%) over the remaining Term of the Furniture or furnishings which have become unusable due Lease. Notwithstanding anything to fair wear 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 tear, defect or bad workmanship at any time during that Landlord shall reasonably cooperate with Tenant is the Termsettlement of such insurance claim and performance of the maintenance of such windows.
Appears in 1 contract
Maintenance. 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant 3.4.1 shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only period of this lease and any renewal thereof and at its own expense well and substantially repair, renew, paint, cleanse and keep and maintain in first class order the interior of the leased Premises and fittings and shall, at the termination of the lease, re-deliver the leased Premises to the extent that LANDLORD in the same first class condition. There shall be no obligation on the LANDLORD in common law or in terms of this lease to maintain or cleanse or effect any repairs, renewals or replacements to the interior of the leased Premises and the TENANT shall be fully responsible for any such maintenance, repair and renewal is cleansing, repairs, renewals or replacements at its own expense. The LANDLORD shall not actually carried out under be responsible for any damage, loss or inconvenience which the Maintenance ContractsTENANT or others may suffer owing to any defects, breakages or failures or owing to leakages or to the elements such as rain, hail or lightning or otherwise howsoever and, the TENANT shall not be entitled to any abatement of rental in respect thereof.
4.10.6 To ensure that:-3.4.2 shall maintain and keep the Premises clean as no service shall be supplied by the LANDLORD.
(i) 3.4.3 shall be liable for the Installations including any cooking apparatus have been serviced payment of all monthly charges due to the relevant company appointed by a properly qualified person within the period of three months before the start TENANT in respect of the Term and thereafter will burglar alarm system in the leased Premises which is to be serviced once during each year maintained by the TENANT for the duration of the Term and lease. If the TENANT fails to implement any of its obligations in terms of this Clause 3.4, the LANDLORD shall be entitled, without notice to the TENANT to carry out the TENANT's obligations for the avoidance account of doubt the gas contractor must be GAS SAFE registered TENANT who shall on demand effect payment to the LANDLORD of such costs and electricity contractor must have been approved expenses incurred. Failure by NICEIC or the TENANT to effect payment in terms of such other regulatory bodies which replace them respectively and that the Landlord demand will at its sole expense provide the Tenant on or before the commencement date constitute a breach of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the TermLease.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Sources: Lease Agreement (SurePure, Inc.)
Maintenance. 4.10.1 On 8.01 Other than as provided below in this section, Landlord agrees to keep in good order, condition and repair the foundations, exterior walls (except glass and glass windows and the so-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 before contracts.
8.02 Tenant agrees throughout the date term hereof to enter into contracts keep and maintain the Premises and every part thereof (except as herein above provided) in good order, condition and repair, including without limitation, all plumbing facilities within the “Maintenance Contracts”)demised premises, fixtures and interior walls, floors ceiling, signs, air conditioning and heating equipment, all interior building appliances and similar equipment and the sewer 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 already existingmake any alterations, for improvements or additions to the regular maintenance Premises without first obtaining, in each instance, the written consent of Landlord. Any and servicing of all alterations, additions, improvement, and fixtures (other that the space usual trade fixtures) which may be made or installed by either Landlord or Tenant upon the Premises and water which in any manner are attached to the floors, walls or ceiling (including without limitation any linoleum or other floor covering which may be cemented or otherwise adhesively attached to the floor, or air conditioning and heating systems serving systems) shall remain upon the Property and the other gas and electrical installations within the Property (“the Installations”) Premises and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole termination of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will this Lease shall be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance surrendered with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at Premises as part thereof without disturbance, molestation or injury except for cabinets and light fixtures which have been paid for and installed by Tenant. Said cabinets shall remain the cost property of Tenant, and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as remove them at any time, or, at Tenant's option, within a result of such maintenance.
4.10.3 If reasonable time after the Landlord has already entered into Maintenance Contracts before the date termination of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the LandlordLease.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Sources: Lease Agreement (Humatech Inc)
Maintenance. 4.10.1 On or before (a) Landlord’s Responsibilities. Landlord shall maintain in good order, condition, and state of repair all exterior and structural portions (including, but not limited to, the date hereof to enter into contracts roof, exterior walls, interior load bearing walls, floors and foundation) and all mechanical systems (plumbing, heating and ventilation, air conditioning and electrical) at the Property (including the Leased Premises), and all parking areas, drives, sidewalks and landscaping. Landlord will be responsible for snow removal. Tenant shall reimburse Landlord for its pro rata share ( %) [TO BE DETERMINED UPON FINAL SQUARE FOOTAGE FIGURE SET FORTH IN SECTION 1] of such reasonable sums (the “Maintenance ContractsOperating Expenses”)) which Landlord expends (and which are not reimbursed by Landlord’s insurer or other third party) in effecting its repairs and maintenance hereunder, if provided, however, the cost of any item which, by standard accounting practice, should be capitalized, will not already existingbe included in Operating Expenses. Notwithstanding the foregoing, in lieu of capital expenses for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within repairs or replacements to the Property (“including without limitation any upgrades for the Installations”) purpose of reducing Operating Expenses or for the purpose of complying with applicable laws, codes and at regulations), there shall be included within Operating Expenses for each calendar year, from and after the Landlord’s sole expense to maintain expenditure in question, the annual amortization of such contracts and make all payments due thereunder throughout expenditure over the whole useful life of the Term.
4.10.2 To procure that the Maintenance Contractsitem(s) in question, if not already entered into, which will be entered into as reasonably determined by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works including an interest factor equal to the Installations which may be required Prime Rate of interest as published from time to time in accordance with The Wall Street Journal plus two percent (2%). Notwithstanding the appropriate legislation PROVIDED THAT foregoing, the term “Operating Expenses” shall not include expenses of constructing tenant improvements for any such works will be carried out entirely at tenant in the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenanceProperty.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Tenant’s pro rata share of Operating Expenses shall be paid by Tenant in equal monthly installments in advance along with the payments of Base Rent in such amounts as are reasonably estimated and billed by Landlord based upon the total Operating Expenses due for the current calendar year. Landlord may revise its estimate and may adjust such monthly payment at the end of any calendar month. After Landlord has received the final statement for the Operating Expenses for the previous calendar year, Landlord will notify Tenant of the amount of Operating Expenses on which Tenant’s pro rata share is based, and the amount of Tenant’s pro rata share. If the aforesaid monthly payments on account of Tenant’s pro rata share for a given year or partial year are greater than Tenant’s share of the Operating Expenses payable for a given year or partial year, Tenant shall on or before receive a credit from Landlord for the date excess against installments of this Agreement provide Tenant’s pro rata share next becoming due to Landlord (in the event of a credit to the Tenant with full details upon termination of the contractor or contractors he has entered into Lease, Tenant shall receive the Maintenance Contracts withcredit in the form of a refund check payable to the Tenant), including providing and if said payments are less than Tenant’s share, Tenant shall forthwith pay Landlord the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlorddifference.
(ii) If In determining Operating Expenses for any year, the following adjustments shall be made:
(a) if less than ninety-five percent (95%) of the Maintenance Contracts expire or are brought to an end Property rentable area shall have been occupied by the relevant contractor tenants at any time during such year, Operating Expenses shall be deemed for such year to be an amount equal to the Term then 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 shall use its best endeavours result in Tenant’s pro rata share of such Operating Expenses exceeding the actual cost to enter into a new Maintenance Contract Landlord of providing the services which were included in Operating Expenses for the service required with a contractor previously approved period in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-question);
(ib) the Installations including if any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold tenant of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship supplies itself with a service at any time during such year that Landlord would ordinarily supply without separately charging therefor, then Operating Expenses shall be deemed to include the Termcost that Landlord would have incurred had Landlord supplied such service to such tenant (subject, however, to the understanding that in no event shall such determination by Landlord result in Tenant’s pro rata share of such Operating Expenses exceeding the actual cost to Landlord of providing the services which were included in Operating Expenses for the period in question);
(c) if any 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. 4.10.1 On or before A. During the date hereof to enter into contracts Term of this Lease, Lessee at Lessee's expense:
1. Shall maintain and keep the Helicopter, its engines, components, appliances, accessories, instruments and equipment in good order and repair in strict compliance with FAA requirements (and without limitation of the “Maintenance Contracts”foregoing), if cause to be performed on all parts of the Helicopter and its engines all mandatory Airworthiness Directive ("AD's"), Special Federal Aviation Regulations ("SFAR's") and all manufacturer's service bulletins the compliance date of which shall fall during the Term of this Lease, and also in accordance with all manufacturer's manuals or Lessee's FAA approved maintenance programs.
2. Shall replace the Helicopter components, appliances, accessories, instruments and equipment, any and all engines, parts, applicants, instruments, or accessories which may become defective, lost, destroyed or otherwise rendered unfit for use during the lease period in accordance with the terms and conditions of this Lease.
3. Shall perform all overhauls, checks, inspections and maintenance service to all parts of the helicopter and its engines required to keep them in the condition required under this Lease.
4. May make such modifications, changes or alterations to the Helicopter or its engines as Lessee may determine and as Lessor shall first approve in writing. Lessor shall respond within five days and will not already existing, unreasonably withhold such approval. Lessor shall bear no liability for the regular maintenance and servicing cost of any such modification, change or alteration to the Helicopter or its engines whether in the event of grounding or suspension of certification or for any other cause. At the end of the space Term of this Lease, at Lessor's option, Lessee shall (i) at its cost remove any equipment or alterations that it installed and water heating systems serving return the Property Helicopter as was received, except that the New Interior will be maintained in the Helicopter or (ii) sell such alterations or equipment (provided that Lessor shall not be obligated to pay any amount for the New Interior) to Lessor at Lessee's cost less depreciation calculated monthly over an assumed five year depreciable life. It is understood that Lessor may exercise the option referred to in the preceding sentence with respect to one or more of the pieces of equipment or alterations installed by Lessee.
5. Shall be responsible for all required inspections of the Helicopter and its engines and licensing or re-licensing the Helicopter in accordance with all applicable FAA and other gas applicable governmental requirements. Lessee shall at all times cause the Helicopter to have on board a current U.S. Certificate of Airworthiness issued by the FAA.
6. All inspections, maintenance, modifications, repairs and electrical installations within overhauls of the Property (“Helicopter or its engines, components, appliances, accessories, instruments or equipment shall be performed by personnel authorized to perform such services by the Installations”) FAA.
7. Shall at all times have the Helicopter's engines and transmission on a "Power By the Hour" program, which is approved by Lessor. Lessee shall use its best efforts to have the "Power By The Hour" agreement assigned at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole end of the Term.
4.10.2 To procure that 8. Shall inspect and clean the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are Helicopter on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenanceregular basis.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Maintenance. 4.10.1 On or before Unless otherwise expressly set forth in this Lease, the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, LESSOR shall be responsible for the regular maintenance and servicing of the space and water heating systems serving Building as follows: : repairing any structural damages to the Property and Building; undertaking any damages or leakages with respect to the other gas and main plumbing lines or electrical installations within lines in the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole Building; maintenance of air conditioning equipment, DG Sets, elevators, electrical transformer, firefighting equipment; External security of the Term.
4.10.2 To procure Building and 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 external portion of the Building. 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 Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not Demised Property that may have to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required carried out from time to time in accordance with order to repair leaks in the appropriate legislation PROVIDED THAT roof, 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 such works will defect, damage or repair or other maintenance to be carried out entirely at out. In the cost and expense event of failure of the Landlord (save only LESSOR to the extent that initiate necessary and commensurate action required to carry out such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively maintenance work within ten (10) days of receipt of written notice from the LESSEE, the LESSEE may carry out such pending repairs or maintenance work and that deduct the Landlord will cost of such repairs from the 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 negligence of the LESSEE, the LESSEE shall, at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificateown cost, valid Electricity Safety Certificate and Energy Performance Certificatecarry out such repairs. The Landlord at its sole expense will also provide LESSEE shall adhere to the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year current aesthetics of the Term.
(ii) If Building and shall not carry out any alteration to the Installations have not been serviced within Demised Property which may spoil or negatively affect the period of three months before the start current aesthetics of the Term or if Building. The LESSEE shall be solely and entirely responsible for the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start maintenance of the Term.
4.10.7 To observe and perform terrace which is allocated for the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance use of the obligations 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, fire fighting purposes, 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 superior Agreement (if any)
4.10.8 To keep any gardens (including all shedsminor electrical and/or sanitary repairs or replacement of the fit-outs, outbuildingselectrical and plumbing fixtures, greenhouses, fencing caused due to mishandling of the fittings and fixtures by ▇▇▇▇▇▇) forming ’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 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 LESSEE having promptly paid the maintenance charges as part of the Building, if it is Lease Consideration within the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Termperiod set out under Clause 4.
Appears in 1 contract
Sources: Lease Agreement
Maintenance. 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”)9.1 Tenant shall, if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s its sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costsexpense, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only term of this Lease, maintain the Premises and every part thereof in good, clean working order, condition and repair including, without limitation, the structural portions of the building and improvements thereon, the interior and exterior thereof, foundations, roofs, plate glass, wiring, plumbing, heat and air conditioning units, mechanical systems, parking and service areas, landscaping, the approaches thereto and appurtenances thereof, including all adjacent sidewalks and alleys. Tenant's obligation to maintain the extent that such Premises shall specifically include, without limitation, the obligation to make any and all repairs and to repaint and/or restain all painted and wood surfaces and restripe the parking areas as required. Landlord shall not have any responsibility to maintain the Premises or any part thereof including, without limitation, any structural or mechanical maintenance, repair or replacement. Tenant waives all rights under any laws which may provide for Tenant's right to make repairs and renewal is not actually carried out under deduct the Maintenance Contractsexpenses of such repairs from rent or to withhold rent or terminate the Lease based upon the condition of the Premises.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will 9.2 Tenant shall, at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificatecost and expense, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term term of this Lease, keep and maintain all the Personal Property including furniture, fixtures and equipment, in good working order, condition and repair. Tenant shall have the right to keep install on the Premises any and all ▇▇▇▇▇▇ equipment and grass at the Property regularly trimmed fixtures which Tenant desires to install thereon and cut
4.10.9 To repair, renew which are necessary or replace any convenient to Tenant's use of the Furniture Premises as permitted herein, without the consent of Landlord. All such property so installed by Tenant shall remain Tenant's property (other than replacements for Personal Property as provided below) and, provided Tenant is not in default hereunder, may be removed by Tenant as provided in this Lease. Except as provided below, Tenant shall not remove the Personal Property and/or replacements thereof or furnishings which have any part thereof from the Premises, without the prior written consent of Landlord. Tenant shall purchase and replace with substitutes of equal or higher quality any worn out or broken items of Personal Property required to be on the Premises for continued licensing and/or certification as the same may occur from time to time throughout the term of this Lease at Tenant's sole cost and expense. Items being replaced by Tenant may be removed without Landlord's prior consent and shall become unusable due the property of Tenant, and items replacing same shall be and remain the property of Landlord subject to fair wear removal only with consent until in turn replaced. Tenant agrees, upon written request from Landlord, to execute any and tearall documents necessary to assist Landlord to fully evidence Landlord's ownership of the Personal Property.
9.3 Tenant shall, defect or bad workmanship at any time during throughout the Termterm of this Lease, make all repairs, alterations, replacements and additions to the Facility required by law and/or as necessary to obtain and maintain licensing and certification as the Licensed Facility.
Appears in 1 contract
Maintenance. 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only at its own cost and expense keep or cause to be kept, the Premises well maintained, clean and tidy, properly painted and decorated and otherwise presentable and of good appearance in accordance with all requirements of this Lease, the reasonable requirements of the Landlord's insurers and governmental authorities having jurisdiction and renew and replace fixtures, furnishings and chattels as may be reasonably necessary in each case so that the Premises will be of quality consistent with its with its condition on the Commencement Date. Tenant shall keep the Premises and the sidewalks and other areas adjacent to the Premises free and clear of refuse and other obstructions and shall comply in all material respects with any laws governing the condition or cleanliness of the Premises. Tenant shall replace any plate glass or other glass that has been broken, damaged or removed during the Term, except to the extent that such maintenance, repair damage is caused through the act or omissions of Landlord or Landlord's agents and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will contractors. Tenant shall be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will responsible at its sole expense provide for properly operating, lighting, cleaning and maintaining, line painting, landscaping, supervising, the Tenant on or before entrance areas, driveways, ashphalted areas, walkways, lawns and other areas contained within the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year limits of the TermPremises. If Tenant shall fail to perform its obligations hereunder, for a period continuing for fifteen (15) days after written notice from Landlord, Landlord may, but shall not be obligated to, perform such obligations and claim from Tenant the costs incurred in respect thereof plus an administrative fee of five percent (5%) thereof, as additional Rent.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Sources: Lease (Impax Laboratories Inc)
Maintenance. 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and Lessee shall at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the own cost and expense keep and maintain all portions of the Landlord (save only to Premises under this Amended Lease except as outlined in this section. Lessor shall maintain lawn areas outside the extent that such costs school area, roof, outside walls, and expenses are the responsibility shared Boys and Girls bathrooms. Lessor shall be responsible for proper operation and maintenance of the contractors under the Maintenance Contracts) electrical systems, plumbing systems, and the Landlord agrees to fully indemnify heating, ventilation, and air- conditioning (HVAC) systems throughout the Tenant against any costsPremises. Lessor is also responsible for pest and vermin control, expenses or other sums which including termites. In the Tenant may incur as event that repairs are a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following Lessee’s negligence, Lessee shall apply:-
(i) The Landlord shall on or before the date of this Agreement be responsible to provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with resulting repairs. In the event that repairs or extermination services are not provided on a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenancetimely basis, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ shall be entitled to procure the necessary repairs or services and grass deduct reasonable expenses from its rent obligation after making good faith efforts to communicate about the situation. Alterations and Liens: Lessee shall not make or permit any other person to make any alterations or changes of any kind to the existing premises, or any improvement thereon or facility appurtenant thereto without the prior written consent of Lessor. Lessee shall keep the premises free and clear from any and all liens, claims and demands for work performed, materials furnished, or operations conducted on said premises at the Property regularly trimmed instance of request of Lessee. Furthermore, any and cut
4.10.9 To repairall alterations, renew additions, improvements and fixtures, except furniture and educational materials of Navigator made or replace placed in or on said premises by Lessee or any other person shall on expiration of termination of this Amended Lease become the Furniture property of Lessor and remain on said premises; provided, however, that Lessor shall have the option on expiration or furnishings which have become unusable due sooner termination of this Amended Lease, to fair wear require the Lessee, at Lessee's expense, to remove any and tearall such alterations, defect additions, improvements or bad workmanship at any time during the Termfixtures.
Appears in 1 contract
Sources: Lease Agreement
Maintenance. 4.10.1 On The Tenant agrees to maintain the leased premises in as good condition as exists on delivery by Landlord, damage by fire and other casualty, and taking by eminent domain and reasonable wear and tear only excepted. Tenant acknowledges that the leased premises are now in good order and the glass whole, subject to completion of Landlord’s Work as defined in Exhibit B (provided that Landlord shall be responsible for repair or before replacement of any external glass or windows, unless such replacement is due to the date hereof negligence or willful misconduct of Tenant). The Tenant shall not permit the leased premises to enter into contracts be overloaded, damaged, stripped, or defaced, nor suffer any waste. In accordance with the provisions of Section 6B, above, the Landlord agrees to maintain the structure, roof, foundation, beams, load-bearing and exterior walls of the building of which the leased premises are a part, and all mechanical systems and equipment serving the leased premises and the common areas, including, but not limited to the plumbing, electrical, elevator, emergency, heating and air conditioning, fire and life safety systems of the Building, and access to telecommunications systems services to the Building (which are provided solely by third party providers (the “Maintenance ContractsSystems”) in good working order and condition or as they may be put in during the term of this lease, reasonable wear and tear, damage by fire and other casualty (subject to the provisions hereof), and reasonable wear and tear only excepted, provided that if not already existing, for the regular such maintenance and servicing is required because of the space 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 Tenant, shall have a right to enter the leased premises to make repairs to the Building and water heating its systems serving the Property if needed so long as said entry and the other gas and electrical installations within the Property (“the Installations”) and repairs are done in a manner that is as minimally disruptive to Tenant’s operation at the Landlord’s sole expense Premises as is possible, and, in the case of an emergency, immediately and without prior notice Tenant. Upon prior notice to maintain Tenant, Landlord shall have the right to enter the premises to make repairs and to service pipes, conduits, wires in the Building or which affect such contracts pipes, conduits, and make all payments due thereunder throughout wires in the whole space of other tenants which may only be accessed through the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the premises. Landlord are on such terms shall also provide: (i) cleaning and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works janitorial services to the Installations which may be required from time to time leased premises (Monday-Friday, holidays excluded), provided the same are kept in order by Tenant, all in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost cleaning standards set forth in Exhibit C attached hereto; and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew snow and keep the Installations in good working order at ice removal services, including plowing all times during the Term but only sidewalks and areas adjacent to the extent that such maintenance, repair Building and renewal is not actually carried out under the Maintenance ContractsLot as needed.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Sources: Commercial Lease (Pine Technology Acquisition Corp.)
Maintenance. 4.10.1 On Landlord shall not be called upon and shall have no obligation to make any repairs, improvements or before the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works alterations whatsoever to the Installations which may be required from time to time in accordance with Premises except that during the appropriate legislation PROVIDED THAT any such works will be carried out entirely term of this Lease, Landlord shall at the Landlord's sole cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenanceexpense, repair and renewal is maintain the exterior walls (but not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including 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 cooking apparatus have been serviced by a properly qualified person within the period of three months before the start repairs to any part of the Term and thereafter will be serviced once during each year Premises until written notice of the Term 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 avoidance reasonable cost of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date repairs within seven (7) days of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year receiving written notice of the Term.
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 (ii30) If the Installations have not been serviced within the period days of three months before the start receipt of the Term billing therefor, or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so alternative shall be considered in default under the terms of any head Agreement then this Lease. Except to procure compliance 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 obligations under any superior Agreement Premises in good condition and repair and shall replace all glass in the windows and doors broken during the Lease term. Tenant agrees to make repairs promptly as they may be needed at Tenant's expense. If Tenant fails to prosecute such maintenance and repairs diligently and continuously until completion, Landlord may prosecute such maintenance and repairs itself and Tenant shall reimburse Landlord for the reasonable cost of such repairs within seven (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇7) forming part days of receiving written notice of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Termsame.
Appears in 1 contract
Maintenance. 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”a) and Lessee at the Landlord’s sole its own expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only applicable to the extent that such maintenanceEquipment inspect, maintain, service, repair and renewal is not actually carried out under overhaul the Maintenance Contracts.
4.10.6 To ensure that:-
Equipment so as to keep it (i) in good operating condition and good physical condition, ordinary wear and tear excepted, (ii) in compliance with applicable insurance policies and in a manner and frequency required by applicable manufacturers' warranties, if any, and (iii) maintain the Installations including any cooking apparatus have been serviced Equipment under a preventive maintenance program by qualified personnel (who may be employees of Lessee) who possess a properly qualified person within the period of three months before the start working knowledge of the Term and thereafter will be serviced once during each year mechanical operation of the Term Equipment including electrical systems, motors, drives, controls, accessories, lubricants and for all other items necessary to make the avoidance machine operate at the same rate of doubt production as of the gas contractor must date of delivery under this Lease and in the same manner and with the same care as used by Lessee with similar equipment owned or leased by Lessee, and as such specifications may be GAS SAFE registered adjusted by Modifications under this Lease, subject to ordinary wear and electricity contractor must have been approved tear (with respect to the Equipment, the "Applicable Specifications"). The Equipment shall be, moreover, inspected, maintained, serviced, repaired, overhauled and preserved by NICEIC or such other regulatory bodies which replace them respectively Lessee in compliance with all material requirements of Applicable Laws, and that the Landlord Lessee will (at its sole expense expense) provide all maintenance and service and make all repairs necessary for such purpose. Lessor shall not be obliged in any way to maintain, alter, repair, rebuild, overhaul or replace the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the TermEquipment.
(iib) If Lessee shall maintain in proper order all appropriate books, records, service manuals, operating manuals, blueprints, and title documents in connection with the Installations have not been serviced within Equipment and provide all such books, records and documents to Lessor at the period date of three months before the start return. Lessee shall maintain or cause to be maintained all records, logs and other materials required to be maintained in respect of the Term Equipment by Applicable Laws and upon written request promptly furnish or if cause to be furnished to Lessor such information as may be required to enable Lessor to file any reports required to be filed by Lessor or the Landlord does not have Owner Participant with any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate Governmental Authority because of Lessor's ownership or interest in the appropriate form on or before the start of the TermEquipment.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Maintenance. 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works Notwithstanding anything to the Installations which may be required from time to time contrary contained in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense Lease, as of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then Fourth Amendment, the following maintenance and repair obligations for the Premises shall apply:-
be allocated between Landlord and Tenant as set forth on Exhibit B attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit B (ithe “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the 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 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 before improvements to the date of this Agreement provide Premises, and Landlord shall, during any period that Tenant is responsible for the Tenant with full details Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in Section 13 of the contractor or contractors he has entered into Lease, for capital repairs and replacements required to be made to the Maintenance Contracts with, including providing the Project. If Tenant with copies fails to maintain any portion of the said contracts and proof that they have each been fully paid Premises for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the which Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor responsible as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the Landlord’s responsibility to do so or if not to procure that the owner requirements of the freehold of Lease, Landlord shall have the Property or right, but not the management company or the superior landlord will do so and if applicable obligation, to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Termprovide Tenant with written
Appears in 1 contract
Maintenance. 4.10.1 On or before REPAIRS, REPLACEMENTS, ADDITIONS, ALTERATIONS, INSTALLATIONS
15.1 The Tenant shall, at its own cost and expense, keep and maintain the date hereof Premises in good order and condition, the whole as a careful owner would do.
15.2 The Landlord shall be entitled, at any time and from time to time, with reasonable notice, to enter into contracts (and examine the “Maintenance Contracts”)state of repair, if not already existingmaintenance, for and order of the regular Premises. The Landlord may give notice to the Tenant requiring that the Tenant perform all maintenance and servicing effect all repairs and replacements to which it is obliged pursuant to the terms hereof. Failure of the space and water heating systems serving Landlord to give such notice shall not, however, relieve the Property and Tenant from its obligations under section 14.
1. In the other gas and electrical installations event that the Tenant fails to commence such maintenance, repairs, or replacements within the Property fifteen (“the Installations”15) and at days of the Landlord’s 's notice and to complete the same with reasonable diligence, the Landlord shall have the right, but not the obligation, to elect, at its sole expense discretion, to maintain cause the repairs, maintenance, or replacements to be undertaken, and to charge the Tenant thereof, acting reasonably. Notwithstanding the foregoing, in the event of an emergency, the Landlord shall have the immediate right, but not the obligation, without prior notice to the Tenant, to cause such contracts repairs, maintenance, or replacements to be undertaken, and to charge the Tenant thereof acting reasonably.
15.3 The Tenant shall not make all payments due thereunder throughout additions, installations, alterations, improvements, changes or additions to the whole Premises or any part thereof (collectively the "Improvements") without prior written consent of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered intoLandlord, which will shall not be entered into by unreasonably withheld. As a condition precedent to obtaining the Landlord are on such terms and in such form as Landlord's consent, the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works submit to the Installations which may be required Landlord:
15.3.1 the plans and specifications relating to the Improvements;
15.3.2 all necessary permits from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at public authorities;
15.3.3 the cost name of its contractor and expense of the Landlord (save only proof, satisfactory to the extent Landlord, that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant contractor is adequately insured against any costs, expenses or other sums risks which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the prudent contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Termwould normally insure against;
Appears in 1 contract
Sources: Lease (Total Entertainment Inc)
Maintenance. 4.10.1 On Lessor shall maintain the Building’s roof, structural load bearing walls and slab in a safe, orderly and good operating condition, at its sole expense, not to be included in C.A.M. (as defined in the next sentence). Lessor shall also maintain the common areas of the Building, the Land, and the Business Park in safe, orderly and good operating condition, and costs of so maintaining these common areas shall be known as “Common Area Maintenance” or before “C.A.M.”, and shall include, but not be limited to, reasonable management expenses and landscaping services, and such other reasonable costs and expenses as may be paid by Lessor in connection with the date hereof upkeep, maintenance, repair, replacement and management of the Premises, the Building and the Business Park. Notwithstanding the foregoing, C.A.M. shall not include those items described on Exhibit “E” attached hereto. Lessee agrees to enter into contracts pay Lessee’s Proportionate Share of all Common Area Maintenance incurred during the terms of this Lease (except that the “Maintenance Contracts”costs incurred in connection with the Business Park shall be equitably allocated among all buildings within the Business Park), if which amount shall constitute additional rental hereunder and shall be payable by Lessee to Lessor in the manner set forth in Paragraph 6 of this Lease. This Lease is what is commonly called a “net lease”, it being agreed that except as expressly provided in this Lease, Lessor shall receive the Base Rent set forth in Section 2 free and clear of any and all impositions, taxes, real estate taxes, liens, charges or expenses of any nature whatsoever in connection with the operation and maintenance of the Premises. In addition to the Base Rent reserved under Section 2 and the Additional Rental payable under Section 6, Lessee shall be responsible to pay all charges it incurs in connection with the Premises, including utilities, insurance premiums, construction costs and any other charges, costs and expenses incurred by Lessee. Lessee shall in no event be entitled to any abatement of or reduction in rent payable hereunder, except as specifically provided in this Lease. Notwithstanding the foregoing, Lessor acknowledges that the electricity provided to the Premises is not already existingseparately metered from that provided to the Expansion Space. Lessee shall pay the cost of electricity consumed within the Premises and the Expansion Space directly to the electrical utility, however, until such time as Lessee leases the Expansion Space or Lessor constructs a demising wall separating the Premises from the Expansion Space and installs meters separately measuring electricity consumed in the Premises: (i) provided there is a tenant or other occupant in the Expansion Space, Lessee shall receive a credit of $6,500.00 per month against each monthly installment of Base Rent; and (ii) during the period when the Expansion Space is unoccupied, Lessee shall receive a credit of $3,750.00 per month against each monthly installment of Base Rent. That monthly credit will be increased or decreased from time to time, to reflect any changes in the electrical utility’s pricing of electricity. Lessee shall maintain and repair, at Lessee’s expense, all of the fire extinguishers located within the Premises and all sprinkler systems located within the Premises. The maintenance obligations of Lessee for these matters shall include the regular obligation of Lessee to see that the fire extinguishers and sprinkler systems are maintained at the minimum code requirements, including having the systems inspected and recharged as necessary or as otherwise required under the applicable city, county or state codes. It will be an event of default under this Lease should Lessee fail to maintain fire extinguishers and sprinkler systems to the standard described herein or should the fire extinguishers or sprinkler systems not pass any inspection conducted by any appropriate governmental authority. In addition to the foregoing, Lessee shall be responsible to maintain and repair, at Lessee’s expense, all exit lights, emergency lights and smoke detectors located throughout the Premises, to include but not be limited to replacement of light bulbs and emergency batteries, whether located in emergency lights, emergency exits or smoke detectors. Lessee shall be responsible to modify and add any additional fire extinguishers, safety lights or other safety features required by any governmental entity as a result of Lessee’s utilization of the Premises. All such matters shall be done at the expense of the Lessee. All fire extinguishers, safety lights and safety features required by any governmental entity shall remain the property of Lessor upon Lessee’s termination of the Lease. Lessee shall maintain and repair, at Lessee’s expense, all other portions of the Premises including, but not limited to plumbing, lighting, air conditioning, heating, electrical, ventilation, interior walls and painting, exterior doors and window glass replacement and repair. Maintenance obligations of Lessee shall include maintenance on each of the items, including by way of illustration and not limitation maintenance and servicing of the space heating, air conditioning and water heating systems serving ventilation systems, whether in the Property form of replacement of filters, repair and replacement of air conditioning compressors, air handlers, heat pumps and the like; replacement of light bulbs and/or fluorescent light bars and other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole components of the Term.
4.10.2 To procure that light system. Lessee shall, upon occupancy of the Maintenance ContractsPremises, if not already entered intoat its own cost and expense, which will obtain and keep in force at all times during the term of this Lease a suitable heating/air conditioning maintenance agreement with a third party acceptable to Lessor. Lessee shall provide to Lessor a copy of said agreement immediately upon occupancy of the Premises. The heating and air conditioning system shall be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense control of the Landlord (save only Lessee, except to the extent that such costs and expenses are covered either under a warranty running in favor of Lessor or, in the responsibility event of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses fire or other sums which the Tenant may incur casualty, where claims are reimbursed under Lessor’s insurance. Lessee shall be responsible for pest control services and trash collection services as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for needed by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contractLessee. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that Lessee defaults (as defined in Section 19, below) in its performance of its responsibilities to maintain, repair and replace the above described portions of the Premises, then and in that event Lessor may undertake such maintenance, repair and renewal is not actually carried out under replacement obligations, and immediately upon completion of such work shall cause the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start costs of the Term and thereafter will same to be serviced once during each year of billed to Lessee as additional rent. Lessee shall pay the Term and for same within ten (10) days from the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with receiving such ▇▇▇▇. Failure to pay such ▇▇▇▇ shall result in a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so default under the terms of any head Agreement then to procure compliance the Lease. Lessee shall, at the termination of the obligations under Lease, by lapsed time or otherwise, surrender up the Premises in good order, reasonable use, wear and tear excepted. Lessee may, at its sole election, remove any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part tenant improvement installed by Lessee except as otherwise stated hereinabove at the termination of the Building, if it is Lease provided Lessee pays the Landlord’s responsibility cost of removal and repairs of any and all damage in or to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the TermPremises resulting from such removal.
Appears in 1 contract
Sources: Industrial Lease (Medical Technology Systems Inc /De/)
Maintenance. 4.10.1 On Lessee, at its own cost and expense, shall: (i) service, repair, maintain, modify, overhaul and test, or before cause the date hereof same to enter into contracts be done to, each Item of Equipment leased hereunder (A) so as to keep such Item of Equipment in the “Maintenance Contracts”same condition and appearance as when delivered to Lessee hereunder (after giving effect to the modifications referred to in Article 2(h) hereof), if not already existingordinary wear and tear excepted, for and in good operating condition, (B) so as to keep the regular maintenance and servicing Aircraft in the condition as may be necessary to enable the airworthiness certification of the space Aircraft to be maintained in good standing at all times under the United States Transportation Code of 1994, as amended, and water heating systems serving to be operated under FAR Part 121, and (C) in strict compliance with Lessee's Maintenance Program, a true and complete copy of which has heretofore been or will promptly be delivered by Lessee to Lessor (and Lessee agrees not to modify or otherwise vary or permit the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense same to maintain be done to such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered intoProgram unless required by law or unless otherwise agreed to by Lessor, which agreement will not be entered into unreasonably withheld); (ii) maintain all records, logs and other materials required by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not Aeronautics Authority to be unreasonably withheld or delayedmaintained with respect to such Equipment; and (iii) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) promptly furnish to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which Lessor such information as may be required from time to time enable Lessor to file any reports required to be filed by Lessor with any governmental authority because of Lessor's interest in accordance the Equipment. Lessee shall ensure that its Maintenance Program at all times complies in all material respects with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense then latest revision of the Landlord (save only to Boeing "block type" Maintenance Planning Document and with the extent that such costs and expenses are the responsibility then latest revision of the contractors under Engine manufacturer's Engine Management Program. All deficiencies outside Manufacturer's limits or the Maintenance Contracts) Structural Repair Manual revealed by any inspection of the Equipment by Lessee, Lessor or any of Lessee's maintenance providers shall be promptly corrected by proper cleaning, sealing, repairing, replacement, overhaul, modification and adjustment. Lessee shall ensure that only FAA-approved parts and materials that are new or have FAA 8130 or JAA Form 1 Release Notes are installed or used on the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following Aircraft. Lessee shall apply:-
also ensure that: (i) The Landlord all FAA 8130 or JAA Form 1 Release Notes for life-limited Parts installed in the Aircraft during the Term shall on or before have the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts withFlight Hours/Cycles since new stated thereon, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
as applicable; (ii) If any of all FAA 8130 or JAA Form 1 Release Notes for hard time components installed in the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time Aircraft during the Term then shall have the Landlord shall use its best endeavours to enter into a new Maintenance Contract Flight Hours/Cycles since overhaul or since last shop visit (and, if applicable, calendar time since overhaul/last shop visit) stated thereon, (iii) all FAA 8130 or JAA Form 1 Release Notes for "on condition/condition monitored" Parts installed in the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times Aircraft during the Term but only to shall have the extent that such maintenanceFlight Hours/Cycles since last overhaul or last shop visit stated thereon, repair and renewal is not actually (iv) if a modification has been carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by on a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once hard time Part or an "on condition/condition monitored" Part during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC an overhaul or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times shop visit during the Term and to keep all ▇▇▇▇▇▇ and grass at which has altered the Property regularly trimmed and cut
4.10.9 To repairpart number for that component, renew the new part number shall be stated on the FAA 8130 or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the TermJAA Form 1 Release Note for such Part.
Appears in 1 contract
Maintenance. 4.10.1 On Tenant agrees that the Premises are accepted in their "as-is" condition as designated in the checklist specified in Section 6 above. Tenant agrees to keep the Premises, 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 a condition as at commencement, reasonable wear and tear excepted. Without limiting the general obligations of Tenant to maintain the Premises, Tenant agrees to: (1) properly dispose of all rubbish, garbage and other organic or before flammable waste brought to or generated on the date hereof Premises, in a clean and sanitary manner at reasonable and regular intervals and to enter into contracts (assume all costs of elimination and/or fumigation of any infestation caused during the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing term of the space Agreement; (2) properly use and water heating systems serving operate all electrical, gas, heating, plumbing and other fixtures and appliances located in the Property 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 to 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 Premises. 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, violations may be prosecuted under RCW 9A.48. Upon vacation of the Premises, 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 described in the 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 fourteen (14) days of the termination of this Agreement. In the event no forwarding address is provided by the Tenant, any refunded security deposit, together with any notices concerning the condition of the Premises and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into costs incurred by the Landlord are on such terms and in such form as the cleaning, repair or restoration of the Premises, will be available to Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not upon request to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of address designated on the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenancesignature page hereof.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Sources: Residential Lease Agreement
Maintenance. 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”)a) Landlord shall keep, if not already existingmaintain, for the regular maintenance and servicing of the space and water heating systems serving repair the Property and any part thereof, including, without limitation, the other gas Improvements, in good condition and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure repair; provided, however, that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely responsible at the its sole cost and expense of for all maintenance, repairs or replacements which are necessary to keep the Landlord (save only to the extent that such costs Property or any part thereof in good condition and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums repair which the Tenant may incur arise as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The the gross negligence or willful misconduct of Tenant, its employees, agents, contractors, licensees or invitees, or (ii) the failure of Tenant to report any such maintenance, repairs or replacements pursuant to Section 9(c).
(b) Notwithstanding the foregoing, Landlord's total out-of-pocket expenses incurred in connection with this Section 9 shall not in any event exceed Ninety Thousand and No/100 Dollars ($90,000.00) per Lease Year (the "Maintenance Expense Cap"), and Landlord shall not be required to (i) make any expenditure in excess of the Maintenance Expense Cap or (ii) perform any maintenance, repairs or replacements if the cost of said maintenance, repairs or replacements would exceed the Maintenance Expense Cap. Landlord may, in its sole discretion and upon Tenant's request, perform or cause to be performed such maintenance, repairs or replacements in excess of the Maintenance Expense Cap. All maintenance, repairs and replacements on the Property or before Improvements shall be performed by and at the direction of Landlord and with contractors and subcontractors approved by Landlord in its sole discretion. To the extent that any maintenance, repairs and replacements are at Tenant's cost and expense, Tenant shall reimburse Landlord within ten (10) days of the completion of said maintenance, repair or replacement for all costs incurred by Landlord, plus Interest from the date of this Agreement provide such expense was incurred by Landlord to the Tenant with date that the full details of the contractor or contractors he amount to be reimbursed plus all Interest accrued thereon has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the to Landlord.
(iic) If any Tenant shall promptly inform Landlord of the Maintenance Contracts expire all maintenance, repairs or replacements which are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and Landlord shall have no liability to keep Tenant for the failure to make any repairs to the extent Tenant has not provided such notice to Landlord.
(d) For the avoidance of doubt, Tenant shall be solely responsible for all ▇▇▇▇▇▇ and grass of Tenant's operations at the Property regularly trimmed Facility and cut
4.10.9 To repair, renew Landlord shall have no obligation to provide any labor or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Termservices in connection with such operations.
Appears in 1 contract
Sources: Lease Agreement (Southwest Iowa Renewable Energy, LLC)
Maintenance. 4.10.1 On or before REPLACEMENT: Tenant shall be solely responsible for maintaining the date hereof Leased Premises in good, clean, safe, and attractive condition, for keeping the same clean and free of trash and debris. Landlord shall be responsible for the repair and maintenance of the heating, ventilation, air conditioning, plumbing and electrical systems. In the event Landlord chooses to enter into purchase a maintenance contract to provide for said HV AC systems, Tenant shall share the expense of said maintenance contracts not to exceed $500 per year . Landlord shall be responsible for structural and roof repairs provided that repairs are not necessary due to the negligence of Tenant. Tenant shall have the right to replace any structures, fixtures and equipment provided by Landlord under this Lease at such time as the same are in need of replacement (the “Maintenance Contracts”subject to Article 13 above ), if and possession of all such replacement structures, fixtures and equipment shall be surrendered up to Landlord along with delivery of the Leased Premises and the facility at the end of the Term and/or Extended Term. Should Landlord fail to repair any roof leak or structural defects which were not already existingcaused by negligence of the Tenant and or it's invites then Tenant shall have the option to make necessary repairs at Tenant's sole cost and expense or terminate the lease by giving Landlord written notice. Tenant shall not commence 174 or permit the commencement of any leasehold improvements of the Leased Premises or the renovation, enlargement, demolition or material modification of any part of the Facility except with the prior written approval of Landlord in each instance; following each instance in which such approval has been granted, Tenant shall provide copies of as-built drawings of same promptly upon completion. Tenant shall keep premises free and clear of any and all mechanics liens for the duration of this lease. This Article shall survive Termination or expiration of this Lease. Tenant shall, for the regular maintenance and servicing duration of the space Lease term and water heating systems serving the Property any extensions thereof, at its own cost and expense, keep and maintain or cause to be kept and maintained in good condition and repair, ordinary wear and tear and the other gas provisions of Article 19 hereof excepted, all buildings and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor improvements at any time during erected on the Term then the Landlord demised premises and shall use its best endeavours all reasonable precaution to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the prevent waste, damage or injury to said buildings and improvements. Tenant (such approval if third persons are not to be unreasonably withheld or delayedobligated with respect thereto) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use also at its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew own expense maintain, keep open, free from obstruction and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew all electric, water, sewer and other utility lines and connections, conduits, pipes, catch basins, manholes, poles, lighting fixtures and other related facilities situated in, under or replace any of on the Furniture or furnishings which have become unusable due to fair wear premises. Tenant shall also at Tenant's expense maintain in good condition the landscaping and tear, defect or bad workmanship at any time during the Termprovide for trash removal.
Appears in 1 contract
Maintenance. 4.10.1 On or before Landlord shall maintain all Shell Construction (as defined on Exhibit D-1 to the date hereof to enter into contracts Lease) items, Building Systems (the “Maintenance Contracts”defined below), if not already existingand Building common areas including all parking areas and landscaping, in good order and condition as customary for Comparable Buildings. “Building Systems” shall include all electrical, plumbing, and air conditioning systems within the Building which either were included in the Shell Construction or which were installed by Tenant pursuant to this Lease and which meet the following requirements: (i) properly approved by Landlord; (ii) installed in conformance with all plans and specifications as approved by Landlord; (iii) Tenant shall have informed Landlord in writing of the name, address, phone number and contact person of the contractor responsible for the regular maintenance installation of such system; (iv) Tenant shall have assigned in writing all contractor’s and servicing manufacturer’s warranties received by Tenant in connection with such system; and (v) in connection with Tenant’s contracting for the installation thereof, Landlord shall have been expressly named as a third party beneficiary to, and shall have been provided copies of, such contract and any related warranties. Notwithstanding the foregoing, Building Systems shall not include any improvements made to or within the Premises which differ from the base building systems; are otherwise specialized to Tenant’s use and occupancy of the space Premises and water heating systems serving the Property not customary for office tenants in Comparable Buildings, and the other gas supplemental HVAC units installed pursuant to Section 23(s). Any such improvement shall be maintained and electrical installations within the Property (“the Installations”) repaired by Tenant, at its sole cost and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contractsexpense, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously and subcontractors approved by the Tenant (such approval not to be unreasonably withheld or delayed) Landlord in writing and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time otherwise in accordance with the appropriate legislation PROVIDED THAT provisions of Subsections 7(b) and 7(d) below. Landlord agrees to provide services and to maintain the Building in a manner consistent with the services and maintenance provided to office tenants in Comparable Buildings; provided, however, all costs and expenses associated with the maintenance, repair and/or replacement of any such works will be carried out entirely item, element or component of Building Systems which was installed by or at the cost request of Tenant (except as approved above) shall be borne solely by Tenant, and expense of the Tenant agrees to reimburse Landlord (save only to the extent that for all such costs and expenses are the responsibility within fifteen (15) days after receipt of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenancean invoice therefor.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Sources: Lease Agreement (Realpage Inc)
Maintenance. 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇▇▇ agrees to 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) forming part keep Common Areas of the BuildingPROPERTY (but not the UNIT, if it 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 and/or interrupt utilities to the LandlordUNIT and/or the PROPERTY to avoid property damage or to perform work requiring such interruption as determined in LANDLORD’s responsibility to do so sole judgment. LANDLORD will not be liable for any inconvenience, discomfort, disruptions or if not to procure that the owner interference with TENANT’s use of the freehold of PROPERTY because LANDLORD is making repairs, alterations or improvements to the Property UNIT or the management company 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 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 superior landlord will do so growth of mold and if applicable mildew within the UNIT. To prevent or minimize the occurrence and growth of mold in the UNIT, TENANT hereby agrees to keep any garden the following: TENANT is responsible for replacing the HVAC filter at the Property tidy at all least four times during the Term 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 to keep all ▇▇▇▇▇▇ bathroom fixtures, (b) mop up spills and grass at the Property regularly trimmed thoroughly dry affected area as soon as possible after occurrence, (c) use exhaust fans in kitchen and cut
4.10.9 To repairbathroom when necessary, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Termand
Appears in 1 contract
Sources: Residential Lease Agreement
Maintenance. 4.10.1 On Lessor has three levels of service, which are described below. The applicable level of service is indicated in the Agreement, or before in the date hereof absence of such indication is deemed to enter into contracts (be Net. Under all service levels, Lessee is solely responsible for checking the “Maintenance Contracts”)hub oil level of the Trailer daily and adding oil as required. In the event that Lessor performs repairs for which Lessee is responsible hereunder, if not already existingLessee shall pay for such services at a rate of $75 per hour for labor and Lessor’s then current prices for parts. Lessor shall have the right to inspect all maintenance or repairs performed on the Trailer by anyone other than Lessor, for and to correct, at Lessee’s sole cost and expense, all defects in materials or workmanship that, in Lessor’s sole discretion, result from the regular Lessee’s use operation, maintenance and servicing /or repair of the space and water heating systems serving Trailer. If Lessee replaces any parts, accessories or tires, such replacement item(s) shall be comparable in quality to the Property and the other gas and electrical installations within the Property (“the Installations”item(s) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole being replaced as of the Term.
4.10.2 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 principal place of business and Lessor, upon request, shall be permitted to examine said records and/or inspect the Trailer during normal business hours. To procure that the Maintenance Contractsextent Lessee is unable to return the Trailer to Lessor’s designated facility due to exigent circumstances, if not already entered intoLessee shall contact Lessor to locate an acceptable third-party vendor to perform the necessary maintenance and/or repair. Under no circumstances will Lessor be obligated to pay, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake otherwise credit/reimburse, Lessee for any maintenance servicing and/or repair performed by any non-Lessor party (including Lessee and all third parties) without Lessor’s prior written approval and consent to said repair, maintenance and associated charges. Moreover, under no circumstances shall Lessor be obligated to pay, or repair works otherwise credit/reimburse, Lessee for any expenses relating to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
maintenance and/or repair: (i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts withthat does not constitute normal wear and tear including, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
without limitation, damage; and/or (ii) If any of the Maintenance Contracts expire performed by, or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenanceotherwise caused by, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced services provided by a properly qualified person within the period of three months before the start of the Term non-Lessor party without Lessor’s prior written consent and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Termapproval.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Sources: Trailer Rental Agreement
Maintenance. 4.10.1 On or before a. During the date hereof to enter into contracts (Term, LESSEE will maintain the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing non-structural portions of the space Premises in good condition, reasonable wear and water heating systems serving the Property tear and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contractscasualty damage excepted, if not already entered into, but excluding any items which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of LESSOR pursuant to Paragraph 1.a below.
b. During the contractors under Term, LESSOR shall maintain, in good operating condition and repair, the Maintenance Contractsstructural 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) and the Landlord agrees common areas. 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 fully indemnify make such repairs, LESSEE may do so, and the Tenant against 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, LESSEE may deduct such amounts paid out of any costs, expenses rents or other sums which that may be due or owing under this Agreement. In the Tenant event of an emergency, LESSEE, at its option, may incur make such repairs at LESSOR’s expense, subject to scheduling entry onto the Property with the school site administrator as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date required by Paragraph 1 of this Agreement then the following Agreement, before giving any written notice, but LESSEE shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved notify LESSOR in writing by the Tenant within three (3) business days following such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contractemergency.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Maintenance. 4.10.1 On or before Tenant shall keep and maintain the date hereof interior parts of the leased premises in as good condition and repair as when possession, hereunder is given to enter into contracts Tenant, including, but not limited to: decorating and repair; plate glass and windows; carpet and flooring maintenance and repair, and the maintenance, repair and/or replacement of electrical light fixtures, bulbs, sockets, and plumbing. Tenant and Landlord shall, within ten (10) days of Landlord's execution of this Lease, jointly make an operational inspection of the “Maintenance Contracts”)hearing, if air-conditioning, restroom facilities, and basic lighting systems. Any items not already existingfunctioning at the time of said inspection shall be repaired by Landlord at his expense. Thereafter, Tenant shall be responsible, at Tenant1 s sole cost and expense, for the regular maintenance, replacement and repair of all interior electric and plumbing items, restroom facilities and lighting systems. Landlord will obtain, keep in effect, and pay for a. maintenance contract on the air-conditioning and heating equipment servicing the leased premises. The cost of said maintenance contract, and any related repairs, replacements, modifications and/or other expenses relevant to the air-conditioning and hearing system of the space Center shall be reimbursed by Tenant to Landlord as an element of Additional Rent pursuant Paragraph 2, B. of this Lease. At the conclusion of the Tenant's tenancy at the leased premises, another joint inspection by Landlord and water heating systems serving Tenant of the Property leased premises and the other gas restroom facilities, and electrical installations within the Property basic lighting systems (“the Installations”including light bulbs and same's housing units) and at the Landlord’s sole expense shall be made to maintain determine their operational condition. Any repairs or replacements determined by such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will inspection shall be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors Tenant to procure and pay in mil prior to the termination of the Lease term, or any extensions or renewals of same, or, at tie discretion of Landlord, the costs of any such necessary repairs or replacements shall be assessable against the Tenant's Security Deposit to the extent of such deposit, and any remaining balance shall be immediately due and payable by Tenant to the Landlord without protest At the option of the Landlord, there shall be no termination of this Lease, or any extensions or renewals of same, or termination of Tenant's obligations pursuant to this Lease, including, but not limited to, the monthly payment of the Base Rent, Additional Bent, Special Rent and other monies required to be paid by Tenant pursuant to the terms of this Lease, until all costs and expenses associated with said repairs and replacements are paid in foil by Tenant. Tenant shall be responsible for repair and replacement of the plate glass and windows in the leased premises. Tenant shall immediately replace any cracked or damaged glass. Tenant must deliver the leased premises back to Landlord at the termination of this Lease, or any extensions or renewals of same, with all glass intact and free from cracks or damage of any kind or nature. Should damage or breakage occur due to fire or windstorm or the gross negligence of the Landlord, Landlord shall be responsible for such replacement. Tenant shall not permit or cause any lien or encumbrance to be attached to the leased premises or the Center and Tenant shall immediately cause same to be removed or satisfied upon the demand of Landlord. Tenant shall indemnify and hold Landlord harmless against loss arising from any such lien or encumbrance. Landlord shall maintain the exterior of the Center, the roof and structural members, the common areas, including the parking lots, sidewalks, and exterior lighting systems. Any repairs or replacements of said items made necessary by Tenant, Tenant's agents, invitees, customers and/or employees' misuse of same or through the negligence of Tenant, Tenant's agents, invitees, customers and/or employees, or by reason of alterations or modifications made by Tenant, shall either, at the sole discretion of Landlord, be performed by Tenant at Tenant's sole cost and expense, or performed by Landlord and charged to Tenant as Additional Rent due and payable within ten (10) days after demand for payment by Landlord Any repairs required of the Landlord shall only be performed or ordered by or under the Maintenance Contracts) and direction of the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) Landlord's agents. The Landlord shall on not assume any responsibility for execution or before the date payment of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing work initiated by the Tenant (such approval not without the Landlord's prior written approval. Any requests for repairs or maintenance to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced performed by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for be in writing and obtain delivered to the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged same location to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the which rental monies are sent. Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term's Initials Tenant's Initials
Appears in 1 contract
Maintenance. 4.10.1 On (a) The Contractor shall perform or before the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not cause to be unreasonably withheld or delayed) performed all necessary repairs and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇mainte- ▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture Project and the Contractor shall pay, or furnishings which have cause to be paid, from Revenues (as provided in Section 11(b)) charges for all utility and other services supplied to the Project, costs of the repair and replacement of Project facilities or equipment used in the operation of the Project, all assessments of any type or nature, if any, charged to the Owner or to the PAC on the Owner's behalf or the Contractor on account of the ownership or operation of the Project or the respective interests or estates therein; provided that with respect to special assess- ments or other government charges that may lawfully be paid in installments over a period of years, the Contrac- tor shall be obligated to pay only such installments as are required to be paid as and when the same become unusable due. The Contractor shall promptly deliver to the Trustee copies of invoices or statements for all insurance premiums required pursuant to Section 6.06 of the Loan Agreement (and Section 8(d) hereof) and assessments due with respect to fair wear the Project at least 10days prior to the due date for such premiums or assess- ments, together with a requisition to the Trustee specifying the amount to be paid, the payee and tearthe date such amount is due, defect so that the Trustee may pay such premiums or bad workmanship at assessments in a timely manner.
(b) The Contractor may, with the prior written consent of the PAC, the Owner and Financial Security, contest, in good faith, any time such assessments, utility and other charges, and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the Termperiod of such contest and any appeal therefrom unless the PAC or Financial Security shall notify the Contractor that, in its opinion, by nonpayment of any such items, the interest of the Owner in the Project will be materially endan- gered or the Project or any part thereof will be subject to loss or forfeiture, in which event the Contractor shall promptly pay such taxes, assessments or charges out of Revenues as hereinafter specified.
Appears in 1 contract
Sources: Management Agreement
Maintenance. 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, Lessee shall have sole responsibility for the regular maintenance and servicing of the space Premises. All personal property, including buildings and water heating systems serving structures, on the Property and the other gas and electrical installations within the Property (“the Installations”) and Premises, shall be at the Landlord’s sole expense to risk of Lessee. Lessee shall keep and maintain such contracts the Premises and all improvements thereon, in good and substantial repair and condition, including the exterior thereof, and shall make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contractsnecessary repairs and alterations thereto. Lessee shall provide proper containers for trash and garbage, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during Premises free and clear of rubbish, debris, litter and weeds. In the Term but only event that Lessor determines that ▇▇▇▇▇▇ has failed to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement comply with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of this Section, Lessor may, but shall have no obligation to, take such action as is required by this Section, and may charge Lessee the actual cost incurred to bring the Premises into compliance with this Section or a reasonable fee for such services. Snow removal on the Premises is the sole responsibility of Lessee. Snow removal may be performed by ▇▇▇▇▇▇ as a courtesy to Lessee on a fee or non-fee basis unless Lessee instructs Lessor in writing that ▇▇▇▇▇▇ does not desire to have Lessor remove snow. Lessor may cease to provide snow removal to Lessee or snow removal may not be provided on a particular occasion at Lessor’s sole discretion. Lessee shall not permit parking on the Premises unless the parking areas have been excavated to the proper sub grade and backfilled with an amount of gravel as specified by Lessor. Lessee shall keep the Premises in good maintenance and repair, and shall repair at Lessee’s sole cost and expense, all property, ground, runways, taxiways, and any head Agreement then and all property belonging to procure compliance Lessor that is damaged or altered by Lessee in maintaining or operating on the Premises. Lessee shall also have sole responsibility for the maintenance of the obligations under any superior Agreement (access apron adjacent to the Premises, if any)
4.10.8 To keep , that provides the Premises with access to airport taxiways. Lessee shall be liable for any gardens (including claim, liability, loss, or damage arising by reason of the injury to or death of any person or persons or by reason of damage to any property, caused by the condition of the access apron, or the acts or omissions of Lessee, its agents, invitees, licensees, subtenants, assignees, occupants and users of the Premises or any person in or on the access apron with the express or implied consent of the Lessee. Lessee shall indemnify and hold the Lessor harmless from all sheds, outbuildings, greenhouses, fencing and such liability. In the event that ▇▇▇▇▇▇) forming part of the Building’s personal property is damaged by ▇▇▇▇▇▇’s equipment or personnel, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew agrees to reimburse Lessee reasonable replacement or replace repair costs for any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Termsuch damages incurred.
Appears in 1 contract
Sources: Airport Ground Lease Agreement
Maintenance. 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, Except for the regular maintenance and servicing repairs performed by the Association, 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 space and water heating systems serving Leased Premises which may become cracked or broken by reason of Tenant's negligence; not to place or maintain articles in the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole vestibule or entry of the Term.
4.10.2 To procure 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 Maintenance Contractssound so reproduced, if not already entered into, which will transmitted or produced shall be entered into by audible beyond the Landlord are on such terms interior of the Leased Premises; to keep all mechanical apparatus free of vibration and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations noise which may be required transmitted beyond the confines of the Leased Premises; not to cause or permit objectionable odors to emanate or be dispelled from time the Leased Premises; to time 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 appropriate legislation PROVIDED THAT any such works will be carried out entirely at event Landlord or the cost and expense Association is required to make repairs to structural portions of the Leased Premises by reason of Tenant's negligent acts or omissions to act, Landlord (save only to may charge the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result actual cost of such maintenancerepairs to Tenant and such cost shall thereafter become due as Additional Rent.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Sources: Lease Agreement (Tamboril Cigar Co)
Maintenance. 4.10.1 On Landlord shall be responsible for maintenance and repair of the following items in, on or before about the date hereof Leased Premises, if such maintenance or repair is required due to normal wear and tear: structural components, interior and exterior walls, floors, ceiling, roofs, sewer connections, plumbing, wiring, appliances and glass. However, Tenant shall be responsible for all costs associated with maintenance or repair of the foregoing items if Tenant or any person within Tenant’s control knowingly, intentionally, deliberately, recklessly or negligently destroys, defaces, damages or impairs such items, including, without limitation, causing the plumbing system to become clogged or backed up other than by reason of ordinary wear and tear of the plumbing system. Tenant shall maintain the Leased Premises in a clean, safe, and sanitary manner, keeping the entire Leased Premises free from trash, rubbish, abandoned vehicles and the like. Tenant shall also be responsible for the following Leased Premises Maintenance, as designated: Tenant is Responsible Landlord is Responsible Not Applicable Maintain the yard, keeping weeds pulled, leaves, raked, trees and shrubs trimmed and grass mowed to the satisfaction of Landlord. Keep the grass, shrubs, trees and flowers watered to the satisfaction of the Landlord. The Leased Premises Does Does Not have an automatic sprinkler system. Maintain the sidewalks, driveway and parking area free and clear from snow and ice. Other: In the event that Tenant fails to perform the duties as required above, Landlord and Landlord’s agents and employees shall have the right, but shall not be obligated, to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance Leased Premises and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that perform such maintenance, repair and renewal is not actually carried out under Tenant agrees to and shall bear the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including expense of any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will such maintenance. The expense so incurred shall be serviced once during each year of the Term and considered to be additional rent for the avoidance of doubt the gas contractor must leased Premises and shall be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the immediately due from Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any option of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the TermLandlord.
Appears in 1 contract
Sources: Residential Lease
Maintenance. 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ acknowledges it has inspected the Leased Premises and grass agrees to maintain, at its sole cost and expense, the grounds and all equipment and improvements on the Leased Premises1 and to promptly make any and all repairs or replacements as necessary. LESSEE also agrees to maintain the Leased Premises and its improvements and equipment in good operating order and in a neat, orderly and presentable condition consistent with good business practices. This obligation to repair includes the obligation to make all repairs to the Hangar (including the roof and exterior structures of the Hangar) and aprons now or hereafter constructed on the Leased Premises by the LESSEE. LESSEE agrees to pay for all utilities consumed on the Leased Premises including interior and exterior utility lines, equipment, fixtures and connections owned or installed by or for LESSEE. ▇▇▇▇▇▇ 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 Property regularly trimmed Airport by LESSOR at its own expense, and cut
4.10.9 To 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 ▇▇▇▇▇▇ or by other persons, due to the Airport, any improvements thereon or any part thereof or any appurtenances thereof being out of repair, renew or replace due to any accident in or about the Airport, or due to any act or neglect of any tenant or occupant of the Furniture Airport or furnishings which have become unusable any other person, or due to fair wear lack of snow or water removal at the Airport or any part thereof or in connection with the construction of any improvement by LESSOR or its contractors at the Airport. Without limiting the generality of the foregoing, LESSOR shall not be liable for damage caused by water, steam, snow, ice, sewerage, gas, bursting or leaking of pipes or plumbing or electrical causes, or the negligence of contractors, employees, agents, or licensees of LESSOR, unless the damage is proved to be the result of the gross negligence or willful misconduct of LESSOR. Lease and/or the Airport Rules and tearRegulations and/or the Airport Rules and Regulations, defect LESSOR shall rights and remedies of LESSOR hereunder, if ▇▇▇▇▇▇ discovers and reports any maintenance deficiency to LESSEE that ▇▇▇▇▇▇ is responsible for as defined in the Lease and requires repair or bad workmanship replacement in order to maintain the Leased Premises, improvements, aircraft ramp, structural integrity or appearance of any structure(s), including without limitation any doors, roof and/or exterior walls, LESSEE will promptly undertake and complete such repairs or replacements at its expense. In the event LESSEE fails to perform its obligations hereunder, LESSOR may, at its sole option, after thirty (30) days notice, undertake and complete any such maintenance, repairs or replacements, but will have no obligation to do so, and the cost thereof will be deemed additional rent and will be paid by LESSEE to LESSOR no later than thirty (30) days after the date of invoice from LESSOR to LESSEE for such costs. LESSEE will provide a complete and proper arrangement for the frequent and adequate sanitary handling and disposal, away from the Airport, of all trash, garbage and other refuse caused as a result of the occupancy or use of the Leased Premises. All maintenance, repairs, additions or other work of any kind or nature performed, constructed or installed by or on behalf of LESSEE in or upon the Leased Premises, will conform in all respects to (a) all applicable federal, state and local statutes, ordinances and building codes, (b) all applicable rules and regulations promulgated by LESSOR including this section and the SAA Airport Rules and Regulations, and (c) the SAA’s Master Plan, design standards, if any, for the Airport, as promulgated by ▇▇▇▇▇▇ from time during the Termto time.
Appears in 1 contract
Sources: Airport Lease Agreement
Maintenance. 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify at all times keep the demised Premises including without limitation canopies, pipes, electrical wiring, exterior entrances, including doors and be closers, all glass and glass bricks and window moldings, all interior partitions, walls, ceilings, floor coverings, doors including but not limited to front door, fixtures, signs, equipment and appurtenances thereof, lighting, and plumbing fixtures, and air-conditioning system, in good order, condition and repair, and shall promptly repair or replace such damaged or destroyed items with contractors previously approved by the same kind, at its cost, regardless of cause. If Tenant (such approval not shall fail, refuse or neglect to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time make repairs in accordance with the appropriate legislation PROVIDED THAT terms and provisions of this Lease or if Landlord is required to make any repairs by reason of any act, omission to act or negligence of Tenant, or the subtenant, concessionaire or licensee of Tenant, or their respective employees, agents or contractors, Landlord shall have the right, at its option, after Landlord shall have given to Tenant a ten (10) day notice (except in case of an emergency), to make such works will be carried out entirely at repairs on behalf of and for the account of Tenant and to enter upon the Premises for such purposes, and add the cost and expense thereof, to the next installment of the Landlord (save only to the extent that such costs “minimum rent” due and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord Tenant agrees to fully indemnify pay such amount, but nothing contained in this Paragraph shall be deemed to impose any duty upon Landlord or affect in any manner the obligations assumed by Tenant against any costs, expenses or other sums which the hereunder. Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before shall have 60 (sixty) days from the date of this Agreement then occupancy to notify Landlord of any deficiencies, inoperable equipment, or other items needing repair. Tenant shall obtain at its own expense a maintenance/service contract for at least quarterly service, with a licensed and insured HVAC company. A copy of said contract shall be furnished to the following shall apply:-
(i) The Landlord. Landlord shall on repair and/or replace, in Landlord’s sole discretion, the HVAC provided that such repair or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this replacement is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only due to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC Tenant’s intentional actions or such other regulatory bodies which replace them respectively negligence and that Tenant has complied with the Landlord will at its sole expense provide the Tenant on or before the commencement date of maintenance/service contract required under this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Termparagraph.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Maintenance. 4.10.1 On or before (a) Subtenant shall, at its sole cost and expense, keep, maintain and repair the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing Sublease Premises as required by Section 6.01(a) of the space Master Lease, except for those items to be maintained by Sublandlord as provided in Section 7(c) hereof. Without limiting the foregoing, Subtenant shall be responsible for repairing any damage to the Sublease Premises or the Building caused by Subtenant or its employees, agents or contractors which is beyond normal wear and water heating systems serving tear, and Sublandlord shall have no liability therefore. Subtenant hereby expressly waives all rights to make repairs at the Property expense of Sublandlord as provided in Section 1942 of the California Civil Code; provided, however, that Subtenant may make emergency repairs if Subtenant has notified Sublandlord of an emergency condition needing immediate repair and the other gas and electrical installations Sublandlord is unable or unwilling to make such immediate repairs within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors a reasonable time under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlordcircumstances.
(iib) If any The waiver of liability provided in the last sentence of Section 6.01(b) of the Maintenance Contracts expire Master Lease shall apply to Sublandlord’s obligation to repair and maintain the Sublease Premises, and is incorporated herein by reference, with references to “Lessor” therein deemed to refer to Sublandlord and references to “Lessee” therein deemed to refer to Subtenant.
(c) Except for those items to be repaired, maintained or are brought to an end replaced by Master Landlord under the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract Master Lease, and except for the service required with a contractor previously approved in writing Sublease Premises (which shall be maintained by the Tenant (such approval not to Subtenant), Sublandlord shall be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract responsible for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part replacement of the Building, if it is including the Building Systems and the Building Common Areas (as hereinafter defined), subject to Subtenant’s obligation to reimburse Sublandlord for Subtenant’s Percentage Share of the Building Maintenance Costs as provided in Section 7(d) hereof; provided, however, that notwithstanding anything in this Sublease to the contrary, Subtenant shall be responsible for the repair and maintenance of the HVAC within the Sublease Premises, and Sublandlord shall have no responsibility therefor. Sublandlord shall not have an obligation to perform such maintenance, repairs or replacements of the Building, Building Systems or Building Common Areas unless and until Subtenant has given Sublandlord notice of the need for such maintenance, repairs or replacements. The “Building Common Areas” shall mean the exterior Building walls, roof membrane, Building lobbies, hallways in non-exclusive areas, stairwells between floors, elevators and non-exclusive restrooms in the Building and other similar public areas and access ways. Subtenant acknowledges that, pursuant to the terms of the Master Lease, Master Landlord may change the Building Common Areas in Master Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so sole and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Termabsolute discretion.
Appears in 1 contract
Sources: Sublease Agreement (Niku Corp)
Maintenance. 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before maintain all Common Areas in first class condition, repair and cleanliness, including ice and snow removal, and sidewalk steam cleaning and shall keep the date Common Areas free of this Agreement provide any impediments and open for easy and safe movement within the Tenant with full details Common Areas. Landlord shall keep the Common Areas well lighted until one hour after Tenant’s latest closing time and thereafter to maintain security lighting in the Common Areas, and otherwise keep such Common Areas safe and secure. Without limiting the foregoing, Landlord shall cause all snow and ice to be removed from the sidewalks in front of the contractor or contractors he has entered into Premises, the Maintenance Contracts withpedestrian pathways from the parking areas to the Premises, including providing all parking for the Tenant with copies of building (including, but not limited to, the said contracts parking reserved for Tenant’s use), the vehicular and proof that they have each been fully paid for by pedestrian entrances to and from the LandlordBuilding, and the drive-through lanes, as soon as practicable.
(ii) If any Tenant shall pay as additional rent its Proportionate Share of the reasonable costs incurred by Landlord in maintaining the Common Areas (the “Maintenance Contracts expire Costs”), but in no event shall Tenant be responsible for: (A) interest on and amortization of debt, (B) Deleted; (C) wages or are brought salaries of employees over the rank of property or building manager, and (D) legal fees in connection with the structure or ownership of Landlord or operation of Landlord as a limited partnership or relating to an end leasing and disputes with tenants or based upon Landlord’s negligence or willful misconduct or relating to Landlord’s defense its title to, or interest in, the Premises; (E) leasing commissions, marketing costs, disbursements, and other expenses incurred for leasing, renovating, or improving space for tenants; (F) costs of a capital nature including capital improvements, capital replacements, capital repairs, capital equipment, and capital tools, as determined under generally accepted accounting principles consistently applied; (G) any items to the extent reimbursed by the relevant contractor at any time during the Term then the tenants or users to Landlord; (H) overhead and profit paid to subsidiaries or affiliates of Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld management or delayed) other services on or before to the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract Property or for the service required with a new contractor as soon as possible after the expiry supplies or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only other materials, to the extent that such maintenancethe costs of the services, repair and renewal is supplies, or materials exceed the competitive costs of the services, supplies, or materials were they not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced provided by a properly qualified person within the period subsidiary or affiliate; (I) rentals and other related expenses incurred in leasing air conditioning systems, elevators, or other equipment ordinarily considered to be of three months before the start a capital nature; (J) items and services that Landlord provides selectively to one or more tenants or users of the Term Building other than Tenant without reimbursement; (K) advertising and thereafter will be serviced once during each year promotional expenditures; (L) repairs or other work needed because of eminent domain, fire, windstorm, or other casualty or cause insured against by Landlord or to the Term and for extent Landlord’s insurance (as required above) would have provided insurance, whichever is the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC greater coverage; (M) costs incurred to remedy structural or such other regulatory bodies which replace them respectively and that the defects in original construction materials or installations; (N) any costs, fines, or penalties incurred because Landlord will at its sole expense provide the Tenant on violated any governmental rule or before the commencement date of this Agreement with a valid Gas Safety Certificateauthority; (O) costs incurred to test, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all shedssurvey, outbuildingscleanup, greenhousescontain, fencing and a▇▇▇▇▇▇, remove, or otherwise remedy hazardous wastes or asbestos-containing materials; (P) forming part of repaving the Building, if it is the Landlord’s responsibility to do so or if parking lot; (Q) other expenses that under generally accepted accounting principles consistently applied would not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Termbe considered normal maintenance expenses.
Appears in 1 contract
Maintenance. 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing The provisions of Section 10B of the space Lease to the contrary notwithstanding, Sublessor shall maintain in effect the HVAC service contract and water heating systems serving 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 Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole maintenance or repair of the Term.
4.10.2 To procure that HVAC within fifteen (15) days following receipt of written demand for payment from Sublessor. The reference to Landlord in the Maintenance Contracts, if not already entered into, which will be entered into by last paragraph of Section 10B of the Landlord are on such terms and in such form as Lease shall refer to "Lessor". The provisions of the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works Lease to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT contrary notwithstanding, (a) Sublessee shall not make any such works will be carried out entirely at the cost and expense of the Landlord (save only alterations, additions, or modifications to the extent that such costs Premises without the prior written consent of Sublessor, and expenses are the responsibility of the contractors under the Maintenance Contracts(b) and the Landlord agrees Except as expressly agreed in this Sublease, Sublessor shall have no obligation to fully indemnify the Tenant against repair or replace all or any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the BuildingPremises it being understood by the parties that such obligations are Lessors under the Lease or Sublessee's under this Sublease. In the event Lessor fails to maintain, if it is repair or otherwise provide those services required to be performed by Lessor under the Landlord’s responsibility Lease with respect to do so or if not to procure that the owner Premises, Sublessor, following written notice by Sublessee, shall request such performance by Less▇▇. In the event Sublessor incurs any costs in connection with the replacement of the freehold HVAC as provided in Section 10C of the Property or Lease, Sublessee shall pay to Sublessor within thirty (30) days after receipt of billing, as Additional Rent, its Prorata Share of a portion of the management company or cost of the superior landlord will do so and if applicable to keep any garden HVAC replacement, which portion shall be calculated by multiplying such 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 Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any time of replacement of the Furniture or furnishings which have become unusable due HVAC and the denominator shall be the number of calendar months in the useful life to fair wear and tear, defect or bad workmanship at any time during the TermHVAC
Appears in 1 contract
Sources: Consent of Landlord to Proposed Sublease (Ag Associates Inc)
Maintenance. 4.10.1 On or before Subject to the Mortgagor's rights of alteration pursuant to Section 3 hereof, the Mortgagor will maintain and operate the Sands and the hotel that is the subject of the Madison House Lease at a quality level at least as high as that existing on the date hereof and keep the Mortgaged Property in good condition and repair (subject to enter into contracts (the “Maintenance Contracts”ordinary wear and tear), will not commit or suffer any waste of the Mortgaged Property and will comply with, or cause to be complied with, all statutes, ordinances and requirements of any Governmental Authority to which the Mortgaged Property are subject and which failure to comply therewith would have a materially adverse effect on the Mortgaged Property. Notwithstanding the foregoing, the Mortgagor shall have the right to contest the application of any such statute, ordinance or requirement of a Governmental Authority; provided that, if not already existing, such statute or ordinance or requirement of a Governmental Authority imposes an immediate fine or monetary Imposition in an amount in excess of $2,000,000 upon the Mortgaged Premises for the regular maintenance failure to comply with such ordinance or requirement, the Mortgagor shall either pay such fine or monetary imposition and servicing file an action for recovery thereof or deposit with Mortgagee, in the manner described in Section 5.4.2 hereof, an amount reasonably determined by the Mortgagee to be sufficient to protect the Mortgagee's interest (on its own behalf and on behalf of the space Holders). Subject to the provisions of Section 9.3 hereof, the Mortgagor will promptly repair, restore, replace or rebuild any part of the Mortgaged Premises now or hereafter subject to the Lien of this Mortgage which may be damaged or destroyed by any casualty whatsoever, free from Liens and water heating systems serving encumbrances, except the Property Lien of this Mortgage and the other gas Security Documents and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole encumbrances permitted by Section 1014 of the Term.
4.10.2 To procure Indenture, without regard to the adequacy of any insurance proceeds, provided that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord insurance proceeds are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works made available to the Installations which may be Mortgagor pursuant to Section 9 of this Mortgage. The Mortgagor will do all other things reasonably required from time to time for the maintenance and continuance of all such services in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense respect of the Landlord (save only Impositions to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees required to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of fulfill the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Termset forth in this Section 8.
Appears in 1 contract
Sources: Mortgage, Fixture Filing and Security Agreement (Atlantic Coast Entertainment Holdings Inc)
Maintenance. 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works Notwithstanding anything to the Installations which may be required from time to time contrary contained in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense Lease, as of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then First Amendment, the following maintenance and repair obligations for the Premises shall apply:-
be allocated between Landlord and Tenant as set forth on Exhibit A attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit A (ithe “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the 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 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 before improvements to the date of this Agreement provide Premises, and Landlord shall, during any period that Tenant is responsible for the Tenant with full details Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in Section 13 of the contractor or contractors he has entered into Lease, for capital repairs and replacements required to be made to the Maintenance Contracts with, including providing the Project. If Tenant with copies fails to maintain any portion of the said contracts and proof that they have each been fully paid Premises for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the which Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor responsible as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the Landlord’s responsibility to do so or if not to procure that the owner requirements of the freehold of Lease, Landlord shall have the Property or right, but not the management company or the superior landlord will do so and if applicable obligation, to keep any garden at the Property tidy at all times during the Term provide Tenant with written notice thereof and to keep all ▇▇▇▇▇▇ and grass at assume the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 15 days after receipt of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Termsuch notice.
Appears in 1 contract
Maintenance. 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(ia) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(iiAllottee(s) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ agrees and grass undertakes that he/she/they/it will enter into a Separate Tripartite Maintenance Agreement with the Company and the Maintenance Agency appointed by the Company.
(b) The Allottee(s) further agrees and undertakes to pay the indicative and approximate maintenance charges as may be levied by the Maintenance Agency for the upkeep and maintenance of the Complex, its common areas, utilities, equipment installed in the Building and such other facilities forming part of the Complex. It is however agreed between the parties that the maintenance charges shall be calculated on a cost plus 20% basis. Such charges payable by the Allottee(s) will be subject to escalation of such costs, taxes and expenses as may be levied by the Maintenance Agency. The Company reserves the right to change, modify and amend the Tripartite Maintenance Agreement at its sole discretion from time to time.
(c) In addition to the payment of the Maintenance Charges to be paid by the Allottee(s), the Allottee(s) agrees and undertakes to pay in advance Interest Free Maintenance Security ('IFMS') as applicable. The IFMS shall also be utilized for replacement, refurbishing, external façade of the building, major repairs of plants, machinery, etc. installed in the said complex or towards defrayment of expenses necessitated by any unforeseen occurrence involving expenditure in relation to the complex or any capital expenditure to be incurred in the complex.
(d) The Allottee(s) further undertakes to abide by the terms and conditions of the Maintenance Agreement and to pay promptly all such demands, bills and charges as may be raised by the Maintenance Agency from time to time.
(e) The Allottee(s) agrees that any violation of the terms of the Maintenance Agreement shall automatically be construed as an event of default under the terms of this Agreement. The Allottee(s) hereby conveys his/her/their/its no objection in respect of the said Maintenance Agency nominated by the Company for performing such services.
(f) The Allottee(s) agrees that the Company or its nominated Maintenance Agency shall carry out the maintenance of common services and facilities pertaining to the said Complex from the issue of final notice of possession to the Allottee(s). The Allottee(s) agrees to permit the Company or its nominated Maintenance Agency to enter into the said Apartment or any part thereof, after due notice in writing and during the normal working hours, unless the circumstances warrant otherwise, with a view to carry out the maintenance of common services and facilities and to set right any defect in the said Apartment or any defects in the said Apartment above or below the said Apartment. Any refusal of the Allottee(s) to give such right to entry will be deemed to be a violation of this Agreement and the Company shall be entitled to take such actions as it may deem fit. The Allottee(s) shall pay necessary charges for maintenance of common services and facilities as determined from time to time. It is clarified that the scope of maintenance and upkeep of various common services within the Building/Complex and outside has been described in detail in the Maintenance Agreement. It is understood by the Allottee(s) that the maintenance and insurance of individual Apartment shall always remain the responsibility of the Allottee(s).
(g) The Allottee(s) undertakes to pay the maintenance bills as raised by the Company or its nominated Maintenance Agency from the date of notice for possession on pro-rata basis irrespective of whether the Allottee(s) is/are in actual possession of the said Apartment or not. In order to secure due performance by the Allottee(s) in payment of the maintenance bills and other charges raised by the Maintenance Agency, the Allottee(s) agrees to deposit, as per the Schedule of Payments given in Annexure V of this Agreement and to always keep deposited with the Company an Interest Free Maintenance Security, as applicable. In the event Allottee(s) fails and/or neglects to pay the maintenance bill, other charges on or before the due date, the Allottee(s), then in such an event shall not be entitled to receive the services being rendered by the Maintenance Agency and in addition thereto the Company shall also have the right to adjust unpaid amount against maintenance bills out of the security deposit. The Company shall handover the corpus so collected, after settlement of accounts/expenses as mentioned in clause 22(c) and adjustment of outstanding amounts, if any, to the society as and when the same is formed.
(h) The actual maintenance charges shall be informed at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any time of giving possession of the Furniture or furnishings which have become unusable due said Apartment when the Maintenance Agreement would compulsorily be executed by and between the Allottee(s) and the Maintenance Agency in the standard agreed format as provided by the Company and/or Maintenance Agency. It is further agreed and acknowledged by the Allottee(s) that the maintenance charges shall be payable as per the bills of the Maintenance Agency.
(i) The scope of maintenance and general upkeep of various common services within the Tower/Complex shall broadly include but not be limited to fair wear operation and tearmaintenance of generators including diesel, defect or bad workmanship at any time during firefighting system, garbage disposal and upkeep of common areas, water supply, sewerage system, common area lighting. The service outside the Termsaid Apartment but within the Complex shall include maintenance of internal roads, pathways, boundary walls/fencing, horticulture, drainage system, street lighting, water supply, general watch, security and such other services within the Complex.
Appears in 1 contract
Sources: Buyer's Agreement
Maintenance. 4.10.1 On or before Tenant shall, at Tenant's expense, keep and maintain the date hereof Wireless Facilities in commercially reasonable condition and repair during the term of the SLA, reasonable wear and tear and damage from elements excepted, and, upon termination, shall remove the Wireless Facilities and repair any damage caused by such removal. Landlord retains the right to inspect the property and Wireless Facilities of Tenant upon giving reasonable notice to Tenant during the term of the SLA and to enter into contracts the Premises (the “Maintenance Contracts”)accompanied, if not already existingat Tenant's option, by a representative of Tenant) for the regular purposes of such inspection. In the event that Landlord determines in good faith that Tenant has not maintained Tenant's property and the Wireless Facilities in good order and repair according to industry standards, including applicable Law, Landlord shall so notify Tenant in writing, specifying the maintenance and servicing of repairs required to be performed by Tenant. In the space and water heating systems serving the Property and the other gas and electrical installations event that within the Property thirty (“the Installations”30) and at the Landlord’s sole expense to maintain days following such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the written notice Tenant shall reasonably specify not have performed such maintenance and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the repairs, Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costsmay, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide option, make such repairs as it deems reasonably necessary and any actual, reasonable, out-of-pocket amounts expended by Landlord therefor shall be reimbursed to Landlord by Tenant within thirty (30) days of Landlord's demand therefor. Landlord shall not be liable for inconvenience, disturbance, loss of business or other damage to Tenant by reason of repairing the property and Wireless Facilities of Tenant which Tenant has failed to properly maintain. Landlord shall maintain and repair its Improvements on or before the commencement date of this Agreement with a valid Gas Safety CertificateSite, valid Electricity Safety Certificate in commercially reasonable condition and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair reasonable wear and teartear 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 adversely impact the Wireless Facilities without prior verbal notification to Tenant, defect or bad workmanship at 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 time during the Termsuch adverse impact.
Appears in 1 contract
Sources: Master Lease Agreement (Dobson Communications Corp)
Maintenance. 4.10.1 On or before ‐ Tenant shall keep all parts of the date premises in a state of good order and condition and shall surrender the same at the expiration of the term hereof to enter into contracts (in the “Maintenance Contracts”)same good order in which they were received, if not already existing, reasonable wear and tear excepted. Tenant shall provide for and be responsible for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, following items which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as have a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇check ▇▇▇▇ or "x" in the space provided. The replacement of furnace and grass AC filters, light bulbs, batteries in smoke detectors and fuses; Proper cleaning of carpeting, and for proper cleaning and paste waxing of wooden floors; Keeping in good condition, and keeping trimmed any lawn, trees, vines, shrubbery and gardens; Removing leaves, sticks and other debris that accumulates on the property; Promptly removing ice and snow as necessary; Keeping gutters, downspouts and exterior drains cleaned and cleared of leaves and other debris. Any repairs or replacements of property, equipment, or appliances necessary due to the negligence by acts of commission or omission of Tenant, his family, guests or employees, shall be paid by Tenant. Tenant will not place any heavy structures, furniture items or other such articles in the premises, including, but not limited to, water beds, without the prior written consent of Landlord. No items or equipment of any nature, including bicycles, motor bikes, and/or motorcycles, will be housed in front of premises, on porches or patios, in public halls, stairways, corridors or fire escapes. No items or impediments are to be placed in the windows, upon ledges, balconies, or balcony rails. Tenant additionally covenants and agrees as follows: To comply with the responsibilities imposed on Tenant by Chapter 8 of the Housing Regulations of the District of Columbia, and any amendments thereto; to keep that part of the premises which Tenant occupies and uses as clean and sanitary as the conditions of the premises permit; to dispose from Tenant's dwelling unit all rubbish, garbage, and organic or flammable waste, in a clean, safe and sanitary manner; to keep all plumbing fixtures as clean and sanitary as their condition permits; to properly use and operate all electrical, gas, plumbing and heating fixtures and appliances; and not to permit any person on the premises with Tenant's permission to willfully or maliciously destroy, deface, damage or remove any part of the structure or dwelling unit or the facilities, equipment, or appurtenances thereto, nor himself do any such thing. In order to limit the level of noise which can be generated by bare flooring, Tenant agrees to install carpeting or rugs with pads on 80% of the floor area within the enclosed leased space, in order to effectively reduce such sounds and/or disturbances. If Tenant is inadvertently locked out, Tenant agrees to call M Squared Real Estate and pay a $150 emergency lock out fee in order for the Agent / Landlord to dispatch a property manager to provide access to the property OR call a licensed locksmith. If a professional locksmith is necessary, Tenant agrees to pay any charges incurred at the Property regularly trimmed and cut
4.10.9 To repairtime access is given. If the lock must be re-‐keyed, renew or replace any of Tenant agrees to provide the Furniture or furnishings which have become unusable due new key to fair wear and tear, defect or bad workmanship at any time during the TermAgent / Landlord within twenty four (24) hours.
Appears in 1 contract
Sources: Lease Agreement
Maintenance. 4.10.1 On a. The Lessor shall keep and maintain the foundation, outer walls, roof and buried conduits of the premises in good repair, except that the Lessee shall make any such repairs occasioned by the negligence of Lessee, its agent, express or before implied invitees, or employees.
b. The Lessee, at its sole expense, shall keep and maintain the date hereof to enter into contracts demised premises, as now or hereafter constituted with all improvements made thereto, including glass, (the “Maintenance Contracts”reasonable wear and tear excepted), if not already existingand shall make all repairs, 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 regular maintenance operation, upkeep, repair and servicing replacement of the space air-conditioning and water heating systems serving system and plumbing, except where the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole repair or replacements are covered under a warranty running in favor of the TermLessor.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form d. If Lessee fails to repair property as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works required hereunder to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense reasonable satisfaction of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor Lessor as soon as possible it is reasonably possible, after written request, Lessor shall hereby have the expiry right to enter the leased premises as is necessary to effect repairs and to make such repairs at Lessee's expense, without liability for any loss or termination damage that may accrue to Lessee's merchandise, fixtures or other property or to Lessee's business by reason thereof. Upon completion of such repairs, Lessee shall pay as additional rent Lessor's costs for making such repairs within ten (10) days of presentation of the existing contract.
4.10.4 To provide the Tenant with copies ▇▇▇▇ therefor by Lessor, which shall be conclusive evidence of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only amount of such costs. Lessee's failure to the extent that make such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by repayment shall constitute a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so default under the terms of this Lease. Nothing herein shall imply any head Agreement then to procure compliance of duty upon the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility Lessor to do so or if any such work and performance of such work by the Lessor shall not to procure that the owner constitute a waiver of the freehold 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 the Property or the management company or the superior landlord will do so and if applicable due to keep any garden at the Property tidy at all times during the Term and Lessee's failure to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace comply with any of the Furniture provisions of this Lease, including Lessee's duty to repair. Lessee shall not call upon Lessor for any disbursement or furnishings which have become unusable due 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 pursuant to fair wear and tear, defect or bad workmanship at any time during the Termterms of Subsection (d) above.
Appears in 1 contract
Sources: Business Lease (Triple a Homes Inc)
Maintenance. 4.10.1 On or before (a) Landlord shall keep and maintain in good order and repair and in a first class manner the date hereof Building, including the Building structure and systems, the foundation, roof, exterior walls, elevators, electrical, plumbing, HVAC systems, entrance, sidewalks, lobbies, stairways, landscaped areas, parking garage and common areas and facilities. Landlord shall be responsible for causing the lobby, other common areas, and exterior areas, sidewalks, driveways, parking garage, exercise facility, entrances and core area restrooms on all floors leased by Tenant to enter into contracts comply with the requirements of Title III of the ADA, all Environmental Laws (the “Maintenance Contracts”hereinafter defined), if not already existingprovided however, for that with regard to the regular maintenance bathrooms on the floors leased by Tenant (i) Landlord shall install in each an alarm visual strobe and servicing of insulate the space sink hot and water heating systems serving drain pipes that are exposed under the Property counter tops, and the other gas and electrical installations within the Property (“the Installations”ii) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be perform all ADA changes required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If Tenant installing, at Tenant's expense, a rear door in the womens' bathrooms, which doors Landlord has already entered into Maintenance Contracts before consents to Tenant installing, provided they are installed in accordance with applicable laws, codes and regulations. Landlord agrees that the date base Building fire alarm system shall be adequate to accommodate the strobes and annunciators required by the provisions of the District of Columbia Code to be installed in the Premises by Tenant as part of the Tenant Improvement Work. Where Improvements or any other alterations made by Landlord or by Tenant after execution of this Agreement then Lease trigger "path of travel" requirements under the following ADA, the party making such alterations shall apply:-
(i) The Landlord shall on or before be responsible for satisfying such requirements. Any changes to the date Building necessary to cause such common and public areas to comply with the requirements of this Agreement provide the Tenant with full details Title III of the contractor ADA or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts Environmental Laws shall be at Landlord's expense and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate included in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part Operating Expenses of the Building, if it unless such changes are required by the construction of Improvements by or for Tenant or by any other act or omission of Tenant, in which case shall be solely responsible for all costs of any such changes. In addition, Landlord shall remedy, as promptly as is feasible under the circumstances, any material interruption of the Services to be provided to Tenant as set forth in Paragraph 8, above. The Landlord shall in no event be required to make repairs to leasehold improvements made by the Tenant, or to make repairs to wear and tear within the Premises. The Tenant agrees to deliver notice to the Landlord’s responsibility , as promptly as is reasonable under the circumstances, of any defective condition in or about the Premises known to do so or if not the Tenant which the Landlord is required to procure repair hereunder; provided, however, that the owner Tenant's failure to report to the Landlord any such defective condition shall not relieve the Landlord of the freehold Landlord's obligation to repair any such defective condition promptly upon learning of the Property need for such repair.
(b) Except to the extent a violation is caused by Tenant or any invitee of Tenant, Landlord shall be responsible for causing the management company or Building to comply with all applicable federal and local laws, ordinances, regulations and orders governing asbestos and Hazardous Materials ("Environmental Laws"). Any action necessary to cure a violation of any Environmental Laws shall be at Landlord's expense and shall not be included in the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any operating Expenses of the Furniture Building, except that any violation caused by Tenant or furnishings which have become unusable due to fair wear an invitee of Tenant shall be cured at Tenant's sole cost.
(c) Landlord shall retain an expert indoor environmental quality consultant (the "Landlord's IAQ Consultant") who shall conduct testing (and tearprepare written reports of such testing) of the indoor air quality of the Building and such other indoor environmental factors as are reasonably tested in first-class office buildings (collectively, defect or bad workmanship at any "IAQ") one (1) time during every other calendar year, for the Termpurpose of determining the normal and acceptable IAQ of the Premises and the common areas of the Building.
Appears in 1 contract
Maintenance. 4.10.1 On This lease is conditioned upon faithful performance by the Lessee 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 before cause to be placed any other sign or signs of any kind other than the date hereof to enter into contracts (the “Maintenance Contracts”), if not electrical sign already existing, for on the regular maintenance and servicing exterior of the space premises, without further written approval of Lessor, which shall not be unreasonably withheld.
C. Lessee shall not permit the accumulation of garbage in and water heating systems serving around the Property 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 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 other gas glass of any window or door of the Demised Premises without first obtaining Lessor's prior written approval and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense consent in each instance, which approval shall not be unreasonably withheld. Lessee further agrees to maintain such contracts sign, awning, canopy, decoration, lettering, advertising matter or other thing as may be approved, in good condition at all times.
F. Lessee hereby agrees that he/she/it has inspected the interior and make all payments due thereunder throughout the whole exterior of the Term.
4.10.2 To procure that Demised Premises prior to execution of this Lease, and hereby agrees to rent the Maintenance Contracts, if 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 already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) .
G. Lessee hereby agrees to repair, maintain, and pay for the Landlord hereby irrevocably authorises canopy lights outside the Tenant who shall act reasonablyDemised Premises and to keep same illuminated during dark hours (night) to instruct illuminate the contractors under the Maintenance Contracts to undertake Demised Premises for safety reasons. H. Lessee is responsible for replacement of any maintenance servicing ceiling tiles and/ or repair works to the Installations which light fixtures that may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable need replacement due to fair wear and tear, defect or bad workmanship at any time during the Termroof leaks.
Appears in 1 contract
Sources: Lease Agreement (GLB Bancorp Inc)
Maintenance. 4.10.1 On A. Subject to Section 8.B below, Tenant shall keep the Demised Premises and the fixtures and equipment therein in clean, 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 Demised Premises that are necessary to keep the Demised Premises in good order and repair and in a safe and rentable condition, ordinary wear and tear excepted, but Tenant shall not be responsible for maintenance items expressly assumed by Landlord under the terms of this Lease or before maintaining the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, Demised Premises in a manner that is inconsistent with Tenant’s maintenance standards for the regular maintenance Demised Premises prior to the Effective Date. In no event shall Landlord or Tenant have any obligation to make any changes, upgrades or other improvements to the Demised Premises in order to comply with any present or future laws, ordinances, regulations or orders of any governmental authorities having jurisdiction over the Demised Premises, subject to Section 18 of this Lease. In the event Tenant fails to maintain the Demised Premises in good order, condition and servicing 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 space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur Demised Premises as a result of performing any such maintenancework, 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.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The B. Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
maintain (i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificateas necessary, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged subject to do so under the terms of any head Agreement then this Lease) the following in good order, condition and repair in a manner that is comparable to procure compliance the Building’s current condition: (a) the base Building systems serving the Demised Premises; (b) the common areas of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens Building (including all shedsbut not limited to the parking garage); (c) the foundations, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇(d) forming part exterior walls and roof of the Building. In addition, if it is Landlord shall comply with the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so operational and if applicable to keep any garden at the Property tidy at all times during the Term maintenance standards and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Termservices set forth on Exhibit B attached hereto.
Appears in 1 contract
Sources: Lease Agreement (Intelsat S.A.)
Maintenance. 4.10.1 On or before the date hereof Tenants agree at Tenant’s sole cost and expense, to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing take good care of the Premises and keep and maintain same and all pans ‘thereof, including, but not limited to, the Initial Improvements, the entire interior and exterior thereto, alters, floor coverings, roof, structure, windows, glass, plate glass, ceilings, skylights, interior and exterior and demising walls, doors, electrical systems, lighting fixtures and equipment, plumbing systems and fixtures, sprinkler systems, heating, ventilating and air conditioning systems, loading docks, areas and doors, rail space areas, fences and water heating systems serving signs, and all other pipes, mains, water, sewer and gas connections and all other fixtures, machinery, apparatus, equipment and appurtenances now or hereafter belonging to, connected with or used in conjunction with the Property Premises together with any and the other gas all alterations and electrical installations within the Property (“the Installations”) additions thereto, in good order, condition and repair, suffering no waste or injury. Tenant shall, at the Landlord’s its sole expense to maintain such contracts cost and expense, promptly make all payments due thereunder throughout necessary repairs and replacements, ordinary as well as extraordinary, foreseen as well as unforeseen, in and to the whole Premises, including, but not limited to the entire interior and exterior of the Term.
4.10.2 To procure that Initial Improvements, any equipment now or hereafter located in or on the Maintenance ContractsPremises, if not already entered intoall floors, which will be entered into by the Landlord are on such terms floor coverings, roof, structure, windows, glass, plate glass, ceilings, skylights, interior and demising walls, doors, electrical systems, lighting fixtures and equipment, plumbing systems and fixture, sprinkler systems, heating, ventilating and air conditioning systems, loading docks, areas and doors, rail space areas, fences and signs, connections, pipes, mains, water, sewer and connections, and all other fixtures, machinery, apparatus, equipment and appurtenances now or hereafter belonging to, connected with or used in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance conjunction with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contractPremises. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that All such maintenance, repair repairs and renewal is replacements shall be of first class quality and sufficient for the proper maintenance and operation of the Premises. Tenant shall keep and maintain the Premises safe, secure and clean, specifically including, but not actually carried out by way of limitation, removal of waste and refuse matter. Tenant shall not permit anything to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or in pan, or prevent the procurement of any insurance policies which may, at any time, be required under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date provisions of this Agreement with a valid Gas Safety CertificateLease. Tenant shall not obstruct or permit the obstruction of any parking area, valid Electricity Safety Certificate and Energy Performance Certificateadjoining street or sidewalk. The Landlord at its sole expense will also provide the foregoing obligations of Tenant with shall not be deemed to be a valid Gas Safety Certificate and Electricity Safety Certificate for each year waiver of the TermTenant’s rights under Section 4.8 hereof.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Sources: Industrial Building Lease (Factory Card & Party Outlet Corp)
Maintenance. 4.10.1 On or before The Tenant(s) shall maintain and keep in good repair and condition the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing inside of the space premises and its appurtenance, which shall include all electrical installations, wall plugs, light points, light shades, windows, window catches, water heating systems serving taps, pipes, door handles, door locks, floor or fitted carpets and sanitary appliances, etc. He/she shall keep the Property drain free of obstruction. At the expiration of his/her tenancy, the Tenant(s) shall re-deliver the premises, its contents and appurtenance to the other gas Landlord in a good clean order and electrical installations within the Property (“the Installations”) condition and shall at the Landlord’s sole expense to maintain such contracts his/her own cost and make all payments due thereunder throughout the whole charge replace any of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations aforementioned articles which may be required missing, damaged or broken. If, during the currency of the tenancy any repairs or repainting have to be effected to any portion of the inside of the said premises or to any appurtenance contained therein or any replacements have to be made, it shall be obligatory for the Tenant(s) to bear the cost thereof. The Landlord reserves the right to effect such repairs or repainting at the expense of the Tenant(s) and to reclaim the cost thereof. The Tenant(s) shall be liable for all damage caused by neglect or omission of himself, his/her family, servants and visitors. No alterations to colour scheme, or additions or improvements to the leased premises whether structural or otherwise shall be effected by the Tenant(s) without consent in writing of the Landlord. No carpets shall be fitted without consent in writing of the Landlord. Under no circumstances shall the Landlord be liable to compensate the Tenant(s) for any alterations, repairs, improvements or additions to the leased premises, without consent in writing prior to carrying out any alterations, repairs, improvements or additions. The Landlord shall keep the outside of the property in good repair. The Tenant(s) shall be responsible for the care and maintenance of the garden and grounds. Should the Tenant(s) fail to comply with this condition the Landlord shall have the right from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely to employ a gardening contractor to give effect to these provisions at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenanceTenant(s).
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Sources: Lease Agreement
Maintenance. 4.10.1 On (i) So long as Sublessor has not committed a breach of its covenant of quiet enjoyment which shall have the effect of depriving Sublessee of the use or before possession of the date hereof Aircraft, during the Sublease Term and until the Aircraft is returned to enter into contracts Sublessor, Sublessee shall, at its sole cost and expense, service, inspect, test, maintain, overhaul and repair the Aircraft, the Engines and all of the Parts in accordance with Sublessee's FAA approved airworthiness maintenance and inspection program, a copy of which has been or will be delivered to Sublessor on or prior to the Commencement Date (the “"Maintenance Contracts”Program") and in Conformity with the rules and regulations of the FAA, (A) so as to keep the Aircraft in as good condition (operating and otherwise), if not already existingappearance and repair as when delivered to Sublessee hereunder, for ordinary wear and tear excepted and otherwise to enable the regular maintenance and servicing airworthiness certification of the space Aircraft to be maintained in good standing at all times under applicable law, and water heating systems serving to be and remain registered in the Property United States pursuant to the Federal Aviation Act, and (B) in the other gas same manner and electrical installations within with the Property same care as used by Sublessee with respect to similar aircraft and engines owned or operated by Sublessee (“it being the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole intention of the Term.
4.10.2 To procure parties hereto that Sublessee shall not discriminate against the Aircraft in respect of any maintenance matters). Sublessee shall be authorized to amend its Maintenance Program; provided, however, that notwithstanding such amendment, the Maintenance ContractsProgram shall, if not already entered intoit all times during the Sublease Term, which will be entered into by in full conformity with the Landlord are on such terms requirements set forth above and, further provided, that Sublessee shall have obtained Sublessor's prior written consent to any material amendment or change in or to the Maintenance Program. All service, inspection, maintenance, modification, repair and in such form as the Tenant overhaul shall reasonably specify and be with contractors previously approved by the Tenant (such approval not performed or caused to be unreasonably withheld or delayed) performed by Sublessee in accordance with all applicable FAA requirements and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts Program, and shall be accomplished in accordance with all applicable service, inspection, maintenance, modification, repair and overhaul manuals and bulletins published by the Manufacturer or the manufacturers of the Engines or engines, equipment, accessories or Parts installed on the Aircraft. Without limiting the generality of the foregoing or the obligations of Sublessee hereunder, Sublessee agrees that such maintenance and repairs will include but will not be limited to undertake any maintenance servicing or repair works each of the following:
(A) to the Installations which may be required from time to time perform in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at Maintenance Program all routine and non-routine maintenance work;
(B) to comply on a terminating basis with all outstanding mandatory orders, airworthiness directives and instructions issued by the cost and expense FAA affecting the Aircraft that have an effective date for compliance prior to, or sooner than one hundred eighty (180) days after, the return date of the Landlord Aircraft;
(save only C) to incorporate in the Aircraft all service bulletins of the Manufacturer, the Engine manufacturer and other vendors which Sublessee schedules to incorporate during the Sublease Term on aircraft or engines in its Boeing 737 fleet;
(D) to incorporate in to maintenance schedule for the Aircraft a corrosion control program as recommended by Manufacturer and the FAA and to carry out such work as may be required to comply therewith, including periodic inspections of fuel tanks, periodic inspection and clean-up under galleys and lavatories, the cleaning and treating of all mild and moderate corrosion and the correcting of all severe and exfoliated corrosion in accordance with the recommendations of the Manufacturer; and
(E) to maintain, in the English language (1) the Aircraft Documentation and (2) any other records, logs or other documents, information or materials relating to the extent that such costs service, inspection, testing, maintenance, modification, overhaul and expenses are the responsibility repair of the contractors under the Maintenance Contracts) Aircraft, any Engine and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums Part which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for are required by the LandlordFAA or by applicable law, all of which shall at all times be kept current and up-to-date, shall conform with the laws of any Government Entity having jurisdiction and with normal practices of commercial air carriers, shall disclose the location of any Engine or Part not installed on the Airframe and shall be made available for review by Sublessor on reasonable notice.
(ii) If any Sublessee shall have designated persons in its employment authorized by the FAA to perform service, inspection, modifications repair and alterations of the Maintenance Contracts expire Aircraft, and to return the Aircraft to Sublessee's revenue service after such performance has been accomplished by Sublessee or shall have the same performed on its behalf by an FAA approved repair and overhaul station in conformity with FAR 145 ("Approved Repair Facility"). For purposes hereof, Sublessor acknowledges that Sublessee's maintenance and repairs in connection with "C" checks and "D" checks (or the equivalent thereof) are brought to an end being Performed by Tramco, Inc. of Seattle, Washington. In the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into event Sublessee has a new Maintenance Contract for the service required with third party accomplish, on a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld continuous basis, some or delayed) on or before the expiry all of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out maintenance requirements under the Maintenance Contracts.
4.10.6 To Program (excluding "A," preflight and transit checks) such maintenance by said third party must be accomplished in accordance with the provisions of this Section 6(a). Sublessor shall be entitled and Sublessee shall ensure that:-
(i) that Sublessor is permitted to reasonably visit the Installations facilities of any such third party maintenance performer to inspect the maintenance work performed on and the maintenance records of the Aircraft including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC Engine or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificatesPart.
(iii) The Landlord must also Sublessor may request that Sublessee accomplish changes desired by Sublessor to the Aircraft during Sublessee's layup of the Aircraft for maintenance under the Maintenance Program in those circumstances where such changes are not required under this Section 6(c). No such request shall be unreasonably denied by Sublessee provided that no such changes shall require Sublessee to keep the Aircraft out of service for any longer period than the period which Sublessee's maintenance of the Aircraft was scheduled to require. With respect to such requested changes, Sublessor, at its expense, shall provide retrofit kits of parts and installation instructions to Sublessee. Sublessor shall, within thirty (30) days (or such earlier period as may be required by any Authorized Repair Facility performing the Tenant with a valid Energy Performance Certificate requested change(s)) of receipt of an invoice detailing the same, pay all costs thereof which costs shall have been agreed upon prior to performance of the requested changes.
(iv) Sublessee shall give Sublessor not less than thirty (30) days' prior written notice of the anticipated date, location and Approved Repair Facility in respect of any "C" check or "D" check (or its equivalent) to be performed on the Aircraft.
(v) Repairs will be accomplished as follows: (A) any repair to the Aircraft shall be accomplished pursuant to the appropriate form on or before manufacturer's repair manual instructions under an FFA approved program; and (B) any material repair to the start of the TermAircraft that is not covered by appropriate manufacturer's repair manual instructions shall be subject to Sublessor's prior written approval and shall be made under an FAA approved program.
4.10.7 To observe (vi) Notwithstanding anything to the contrary contained herein and perform provided that the covenants and conditions of any head Agreement (if any) and where same shall not obliged to do so under violate the terms of or conflict with any head Agreement then lease, sublease, credit or security agreement to procure compliance of which such engine, an aircraft engine that is not an Engine, but that is installed on the obligations under any superior Agreement (if anyAirframe, shall be maintained in accordance with this Section 6(a)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term.
Appears in 1 contract
Sources: Sublease Agreement (Western Pacific Airlines Inc /De/)
Maintenance. 4.10.1 On All expenses of maintenance of the Leased Premises and additions thereto shall be borne solely by Tenant; provided, however, that as to any major structural or before other capital repairs or replacements, Tenant shall only be responsible for a percentage of the date hereof cost equal to enter into contracts (the “Maintenance Contracts”), if not already existing, for ratio between the regular remaining term of this lease and the useful life of such capital repair or replacement. All maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into repairs performed by the Landlord are on such terms and in such form as the or Tenant shall be performed in accordance with all applicable laws. In the event during the term of this lease Landlord reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required determines that repairs should, from time to time be made, and gives notice of such needed repairs to Tenant in accordance writing, Tenant agrees promptly to make (or commence in the event such repairs cannot reasonably be completed within thirty (30) days in which event such repairs shall be completed as quickly as reasonably possible) such repairs within a period of thirty (30) days after such notification, and should it fail to do so, Landlord shall have the right to perform such repairs, and any monies expended therefor shall immediately become due and payable by Tenant to Landlord as additional rent. Performance by Landlord of said work shall not operate, however, so as to relieve 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 appropriate legislation PROVIDED THAT intent hereby to expressly prohibit any such works will be carried out entirely at the cost and expense of the Landlord (save only lien. As to any repair or replacement to the extent Leased Premises that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees either party is entitled to fully indemnify the Tenant against any costs, expenses receive reimbursement for all or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Buildingcost thereof from the other party pursuant to the terms hereof, if it prior to making such repair or replacement the party making such repair or replacement shall provide in writing an itemized cost estimate and scope of work therefor and provide such other party a reasonable opportunity to review and minimize such cost. Upon the performance of any such repair or replacement by a party hereto for which such party is the Landlord’s responsibility entitled to do so receive reimbursement for all or if not to procure that the owner part of the freehold cost thereof from the other party hereto, the party performing such repair or replacement shall provide a written invoice to the other party, which party shall pay the amount invoiced in full within fifteen (15) days of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any delivery of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Termsuch invoice.
Appears in 1 contract
Maintenance. 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, The Staff shall be responsible for the regular ordinary upkeep, maintenance of and or minor repairs on the leased premises, and shall moreover keep the said premises in clean and sanitary condition. The maintenance, servicing and or replacements of common electrical light fixtures which Lessor may have originally furnished to Lessee shall be undertaken by the Lessee at the Lessor’s expense to insure safety and functionality. Upon termination of this Lease, these electrical fixtures shall be turned over to Lessor in good condition. Except with the prior written consent of the space and water heating systems serving Lessor, the Property and Lessee shall not drive nails, screws, hooks, connect, install, run wires, tubes or other abutments on the walls, frames or other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole portions of the Term.
4.10.2 To procure that Building nor in any manner deface or damage any part of the Maintenance Contracts, if not already entered into, which will be entered into premises of the Building. Failure of the lessee to obtain the prior consent of the Lessor shall entitle the Lessor to remove the same at Lessee’s expense and/or charge the Lessee for the amount of the damage or injury done or caused by the Landlord are on such terms and Lessee or terminate this lease. The Lessee shall not bring into or store in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld leased premises anything of a highly inflammable nature or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake explosive materials nor install therein any maintenance servicing cooking and/or other apparatus, machinery or repair works to the Installations equipment which may be required from time cause obnoxious odors, tremors or noise, or expose the leased premises to time in accordance with fire or increase the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense fire hazard of the Landlord (save only to building or change the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part insurance rate of the Building, if or any other article which the Lessor may reasonably prohibit, it is being understood that should the Landlord’s responsibility Lessee do so, the latter shall not only be responsible for all damages which such violation may cause and Lessor and/or its other tenants but, in addition thereto, the Lessor shall have the right to do so cancel this contract. If the Lessee shall use the leased premises or if not the Building in such a manner or deposit therein any such matter as to procure that result in any increase in the owner rate of the freehold insurance payable by the Lessor, the increase shall be for the account of Lessee. The Lessee shall provide itself, at his/her/its own cost and expense, with trash cans which the Property city ordinance require to hold and contain waste matter, garbage and refuse and shall deposit them within its own premises or at such places as may be designated by the management company Building. The sidewalk, entries, corridors, stairways and passageways in the Building shall not be obstructed or used by the superior landlord will do so Lessee for any purpose other than for ingress to and if applicable to keep any garden at egress from the Property tidy leased premises. The Lessee shall not encroach upon the same and shall observe at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any borderline limits of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Termleased premises.
Appears in 1 contract
Sources: Staff Housing Agreement
Maintenance. 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ acknowledges it has inspected the Leased Premises and grass agrees to maintain, 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 Leased Premises and its Improvements and equipment in good operating order and in a structurally sound, neat, good operating, orderly and presentable condition consistent with good business practices. This obligation to repair includes the obligation to make all repairs any existing structure thereupon and to the aprons now or hereafter constructed on the Leased Premises by the LESSEE. LESSEE agrees to pay for all utilities consumed on the Leased Premises including interior and exterior utility lines, equipment, fixtures and connections owned or installed by or for LESSEE. ▇▇▇▇▇▇ shall 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 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 Property regularly trimmed Airport by LESSOR at its own expense, and cut
4.10.9 To repair, renew or replace any LESSEE is required to make payment to such agency for the use of the Furniture facilities, then the rentals and fees provided herein for LESSEE to pay LESSOR for that particular use or furnishings activity shall terminate, it being the intent hereof that LESSEE shall not be required to pay duplicate charges. 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 have become unusable due requires repair or replacement, LESSOR shall notify LESSEE of such deficiency in writing, in accordance with the Notice requirements set forth in Section 29 of this Lease, with particularity, including but not limited to fair wear the action(s) necessary to remedy same, and tearprovide for a reasonable cure period within which to remedy same. All maintenance, defect repairs, additions or bad workmanship at other work of any time during kind or nature performed, constructed or installed by or on behalf of LESSEE in or upon the TermLeased Premises, will conform in all respects to (a) all applicable federal, state and local statutes, ordinances and building codes, (b) the terms of this Section, (c) the Airport Rules and Regulations, and (d) the Airport Planning Documents and (e) the SAA Airport Leasing Policy.
Appears in 1 contract
Sources: Airport Lease Agreement
Maintenance. 4.10.1 On A. Subject to Section 8.B below, Tenant shall keep the Demised Premises and the fixtures and equipment therein in clean, 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 Demised Premises that are necessary to keep the Demised Premises in good order and repair and in a safe and rentable condition, ordinary wear and tear excepted, but Tenant shall not be responsible for maintenance items expressly assumed by Landlord under the terms of this Lease or before maintaining the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, Demised Premises in a manner that is inconsistent with Tenant’s maintenance standards for the regular maintenance Demised Premises prior to the Effective Date. In no event shall Landlord or Tenant have any obligation to make any changes, upgrades or other improvements to the Demised Premises in order to comply with any present or future laws, ordinances, regulations or orders of any governmental authorities having jurisdiction over the Demised Premises, subject to Section 18 of this Lease. In the event Tenant fails to maintain the Demised Premises in good order, condition and servicing 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 space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur Demised Premises as a result of performing any such maintenance.
4.10.3 If 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 has already entered into Maintenance Contracts before and/or its agents perform such work and Landlord agrees to do so, Tenant shall reimburse Landlord promptly for the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details actual cost of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlordsame.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Maintenance. 4.10.1 On Lessor shall maintain the foundation, outer walls, and roof of the Building in good condition and repair, except that Landlord shall not be required to make any repairs occasioned by the negligent act or before omission of Lessee or Lessee's agents or employees. Lessee shall make all repairs and replacements to the Premises not expressly assumed by Lessor under this Lease, and shall keep all portions of the Premises, including, without limitation, the interior of the Premises and the wiring and plumbing systems and conduits, exterior doors, windows and window frames, in good order, condition, and repair during the entire term of this Lease, and shall also keep the Premises in a clean, sanitary, and safe condition in accordance with Law and in accordance with all directives, rules, and regulations of governmental agencies having jurisdiction over the Premises or Lessee's use thereof. Notwithstanding anything contained herein to the contrary, Lessee shall, at its sole cost and expense, maintain and keep the heating, ventilating and air conditioning systems, apparatus and equipment (the "HVAC Systems") in good condition and repair during the entire term of this Lease. Within thirty (30) days of the date hereof to Lessee takes possession of the Premises, Lessee shall enter into contracts (the “Maintenance Contracts”)a maintenance contract, if not already existingrequiring at least bimonthly service with a reputable and licensed full service HVAC maintenance firm, for the regular routine maintenance and servicing of the space HVAC Systems. Lessee shall furnish Lessor with a copy of the then current maintenance contract. Lessor shall have the specific right to annually inspect, or have inspected, the HVAC equipment, and water heating systems serving if in Lessor's reasonable judgment such equipment is not being properly maintained, Lessor shall have the Property right to give notice to Lessee of such, and the other gas and electrical installations within the Property (“the Installations”) and Lessor may, at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term.
4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only Lessee, undertake to make such repairs as are necessary to put the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance.
4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:-
(i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord.
(ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract.
4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year.
4.10.5 To maintain repair renew and keep the Installations HVAC equipment in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contractscondition.
4.10.6 To ensure that:-
(i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and Energy Performance Certificate. The Landlord at its sole expense will also provide the Tenant with a valid Gas Safety Certificate and Electricity Safety Certificate for each year of the Term.
(ii) If the Installations have not been serviced within the period of three months before the start of the Term or if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates.
(iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term.
4.10.7 To observe and perform the covenants and conditions of any head Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any)
4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut
4.10.9 To repair, renew or replace any of the Furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the Term
Appears in 1 contract
Sources: Lease Agreement (Neogen Corp)