OBLIGATIONS OF THE LESSEE. 10.1 The Lessee shall maintain the Leased Premises in good condition and will not cause any damage thereto, except those caused in the course of normal wear & tear or damages as a result of Force Majeure events. If any damage is caused to the Leased Premises or any part thereof by the Lessee or its employees, servants or agents, (except normal wear and tear or as a result of Force Majeure events) the same will be made good by the Lessee at the cost of the Lessee either by rectifying the damage or by paying cash compensation. 10.2 All the licenses required to carry on the business [at the Leased Premises] will be obtained by the Lessee at its own cost and it will observe and perform the terms and conditions thereof properly and regularly. 10.3 At the end of the Term, the Lessee shall be obligated to leave the Demised Premises in its original condition with its fixed and loose fixtures, light fittings, false ceiling, flooring, wiring and partition walls and further depicted in the photographs attached as Schedule 2 to this Agreement, on an “as is where is” basis, subject to normal wear and tear. The Lessee will however be entitled to add additional fit outs and/or replace existing fit outs, furniture and fixtures, fixed or loose, of the Lessor, with new fit outs at its own costs and expenses, with the prior written permission of the Lessor. The Lessee will not require the prior permission of the Lessor for adding any loose furniture and fixtures in the Demised Premises, at its own costs and expenses. In the event any fit out is replaced with the written permission of the Lessor, the Lessee will not be obligated to restore the original fit out at the time of handing over vacant possession of the Demised Premises, to the Lessor. Any fit outs work carried out by the Lessee and any new fixture and furniture, which is fixed (other than any electrical, audio visual or electronic equipment) and installed by the Lessee will become the property of the Lessor and the Lessee shall not be entitled to remove anything or take away anything at any point of time during the Term or on its Termination. However the Lessee shall be entitled to remove/take away any loose furniture, fixture installed by the Lessee. At the end of the Term or on its earlier Termination in accordance with the terms of this Agreement, in case any fixture is found damaged or missing (other than on account of normal wear and tear or as a result of Force Majeure events), the Lessee shall replace the same at its own cost. In the event of any damage to the Demised Premises, the Lessee shall be under an obligation to set right the damage and rectify the Demised Premises through its own sources/contractors to put it in the same condition as it was at the time of execution of this Agreement, subject to normal wear and tear. This rectification shall be done by the Lessee before handing over the vacant possession of the Demised Premises after the expiry of the Lease or its earlier termination. In the event the Lessee fails to rectify the damage to the Demised Premises the Lessor may rectify such damage at its own cost and recover such costs from the Lessee. Such amount shall be recoverable by the Lessor from the Lessee from the IFRSD and if such IFRSD is not adequate, the balance shall be payable by the Lessee to the Lessor within 5 working days of the demand having been made by the Lessor on the Lessee.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Monotype Imaging Holdings Inc.)
OBLIGATIONS OF THE LESSEE. 10.1 (a) The Lessee shall maintain use the Leased Premises Project Site solely for the purpose of the Project and purposes incidental thereto for which the right to possession under this Agreement and the Concession Agreement has been granted and the Lessee shall take adequate measures to ensure that the peaceful possession of the Project Site with all buildings, other immovable structures and fixtures and attachments that are necessary to operate the Project are handed over to the Lessor in good working condition on expiry or sooner Termination of the Lease without any claim for compensation.
(b) The Development and will not cause any damage thereto, except those caused in Operation of the course of normal wear & tear or damages Project shall be as a result of Force Majeure events. If any damage is caused to per the Leased Premises or any part thereof by Applicable Laws and it shall be the Lessee or its employees, servants or agents, (except normal wear and tear or as a result of Force Majeure events) the same will be made good by the Lessee at the cost responsibility of the Lessee either by rectifying to secure all Applicable Permits, clearances, sanctions etc., to implement the damage or by paying cash compensation.
10.2 All the licenses required to carry on the business [at the Leased Premises] will be obtained by the Lessee Project at its own cost and it will observe expense and perform keep them in force from time to time during the terms Operation period, however, the Lessor may, not being an obligation, provide reasonable assistance and conditions thereof properly and regularlyon best effort basis to enable the Lessee in obtaining the Applicable Permits.
10.3 At (c) During the end last six months of the TermLease Period, the Lessee shall be obligated to leave and the Demised Premises in its original condition with its fixed and loose fixtures, light fittings, false ceiling, flooring, wiring and partition walls and further depicted in the photographs attached as Schedule 2 to this Agreement, on an “as is where is” basis, subject to normal wear and tear. The Lessee will however be entitled to add additional fit outs and/or replace existing fit outs, furniture and fixtures, fixed or loose, of the Lessor, with new fit outs at its own costs and expenses, with the prior written permission of the Lessor. The Lessee will not require the prior permission authorised representative of the Lessor for adding shall record in detail immovable assets including their working condition, the site condition, the details of the payment of taxes, xxxx payments towards the power and water supply and the like, any loose furniture encumbrances and encroachments etc. and such recorded details shall be signed by both the parties, The Lessee shall on the last day of the Lease Period, handover the said Project Site with all immovable assets including fixtures and attachments in good working condition without claiming any compensation or costs of whatever nature.
(d) In case the Demised Premises, at its own costs and expenses. In Lessee fails to hand over the event any fit out is replaced Project Site along with the written permission immovable structures, fixtures and attachments, it shall be deemed to have been handed over to the Lessor and the Lessor shall have the right to enter the Project Site and use the Project assets and all other Facilities thereon on the immediate following day of the LessorLease Period, and notwithstanding the said stipulation, any continued presence of the Lessee will not be obligated to restore or its employees or personnel on the original fit out at the time of handing over vacant possession Project Site or use of the Demised PremisesProject Facilities on expiry of the Lease Period, to the Lessor. Any fit outs work carried out shall be an act of encroachment by the Lessee and any new fixture the Lessor shall have the right to evict, and furniture, which is fixed (other than any electrical, audio visual or electronic equipment) and installed by the Lessee will become hereby acknowledges, admits and agrees to the property aforesaid stipulation and the right of the Lessor.
(e) The Lessee shall indemnify and keep indemnified the Lessor and its employees against any claim and / or liabilities and / or any suit and / or legal proceeding if it arises on and after the Lessee shall not be entitled to remove anything or take away anything at any point Appointed Date in the course of time during the Term or on its Termination. However the Lessee shall be entitled to remove/take away any loose furniture, fixture installed by the Lessee. At the end implementation of the Term Project or on its earlier Termination in accordance with the terms of this Agreement, in case any fixture is found damaged or missing (other than on account of normal wear and tear or as a result of Force Majeure events), the Lessee shall replace the same at its own cost. In the event of any damage later to the Demised Premises, Lease Period; and
(f) All other terms and conditions relating to the Lessee shall be under an obligation to set right Implementation of the damage and rectify the Demised Premises through its own sources/contractors to put it Project contained in the same condition as it was at the time of execution of this Agreement, subject to normal wear and tear. This rectification Concession Agreement shall be done by the Lessee before handing over the vacant possession of the Demised Premises after the expiry of the Lease or its earlier termination. In the event the Lessee fails to rectify the damage to the Demised Premises the Lessor may rectify such damage at its own cost and recover such costs from the Lessee. Such amount shall be recoverable by the Lessor from the Lessee from the IFRSD and if such IFRSD is not adequate, the balance shall be payable by the Lessee to the Lessor within 5 working days of the demand having been made by the Lessor on the Lesseemutatis-mutandis apply.
Appears in 1 contract
Samples: Lease Agreement
OBLIGATIONS OF THE LESSEE. 10.1 The Lessee shall maintain From the Leased Premises in good condition Lease Agreement Date, and will not cause at any damage thereto, except those caused in the course of normal wear & tear or damages as a result of Force Majeure events. If any damage is caused to the Leased Premises or any part thereof by the Lessee or its employees, servants or agents, (except normal wear and tear or as a result of Force Majeure events) the same will be made good by the Lessee at the cost of the Lessee either by rectifying the damage or by paying cash compensation.
10.2 All the licenses required to carry on the business [at the Leased Premises] will be obtained by the Lessee at its own cost and it will observe and perform the terms and conditions thereof properly and regularly.
10.3 At the end of time during the Term, the Lessee shall be obligated to leave the Demised Premises in its original condition with its fixed and loose fixturesshall: -
a. Pay punctually, light fittings, false ceiling, flooring, wiring and partition walls and further depicted in the photographs attached as manner and within the time specified in Schedule 2 to this AgreementII, on an “as is where is” basisthe Lease Rentals into the Escrow Account only and in no other account or place, subject to normal wear Section 5.4.
b. Use the Leased Asset in accordance with the Manufacturer’s specification and tear. The Lessee will however in accordance with industry’s practices.
c. Obtain all the Clearances as may be entitled to add additional fit outs and/or replace existing fit outs, furniture required under the Applicable Laws for installation and fixtures, fixed or loose, use of the Lessor, with new fit outs at its own costs and expenses, with Leased Asset.
d. Obtain all the prior written permission Clearances as may be required under the Applicable Laws for remittance of the Lessor. Lease Rentals in accordance with Section 3 hereinabove.
e. The Lessee will not require the prior permission Leased Asset shall remain exclusively charged in favor of the Lessor for adding any loose furniture and fixtures in the Demised Premises, at its own costs and expenses. In the event any fit out is replaced with the written permission of the Lessor, the Lessee will not be obligated to restore the original fit out at the time of handing over vacant possession of the Demised Premises, to the Lessor. Any fit outs work carried out by the Lessee and any new fixture and furniture, which is fixed (other than any electrical, audio visual or electronic equipment) and installed by the Lessee will become the property of the Lessor SREI and the Lessee shall not create any lien charged in favour of any other person on the Leased Asset.
f. Ensure that all the provisions of the Applicable Laws in relation to creation of charge in favour of SREI to the extent it is applicable to the Lessee under the Applicable Laws have been complied with.
g. Pay and discharge all the expenses pertaining to stamp duty or registration charges, any other expenses by whatsoever name called, taxes and all other cess, duty, expenses, levies pertaining to this Lease Agreement which are imposed in US .
h. Insure the Leased Asset and the Premises in which the Leased Asset is installed against loss, fire, burglary, lightening, explosion, riot, strike, malicious damage, civil commotion, storm, flood, construction risks and such other risks in form and substance by a USA insurance carrier acceptable to SREI. Lessee is not responsible to insure the Leased Asset while said Leased Asset is in transit to the Premises for installation by the Lessor. Lessee has responsibility to insure Leased Asset in accordance with clause h hereinabove when the Leased Asset is on the Premises or in transit thereafter at the instance of the Lessee.
i. Ensure that SREI is named as an additional insured under the commercial general liability policy and as loss payee on the insurance policies taken out in accordance with clause h hereinabove. An ACCORD insurance certificate evidencing Lessee’s insurance coverage for the perils set forth in clause h hereinabove shall be entitled provided to the parties of this Lease Agreement upon request. NOTE: Please clarify the meaning of Accord insurance certificate.
j. Ensure that the resolutions if any as may be required under the Applicable Laws have been passed for obtaining lease of the Leased Asset.
k. From the date of receipt of notice in writing from SREI under Section 5.4, pay the Lease Rentals in the Escrow Account or at such place as may be specified in the notice by SREI.
l. Shall not without the previous approval in writing of SREI, remove anything or take away anything at any point of time during the Term or on its TerminationLeased Asset from the Premises, which permission shall not be unreasonably withheld.
m. Provide full and reasonable access to the Lessor and SREI to the Premises where the Leased Asset is installed.
n. During the Term, maintain the Leased Asset in a good condition and undertake all the repairs, alteration/up gradation as may be required for this purpose. However It is made abundantly clear that the Lessee shall bear all the expenses that may be entitled to remove/take away any loose furniture, fixture installed incurred by the Lessee. At the end it in fulfillment of the Term or on its earlier Termination obligations as stated in accordance with the terms of this AgreementSection 4.1 hereinabove, in case any fixture is found damaged or missing (other than on account of normal wear and tear or as a result of Force Majeure events), the Lessee shall replace the same at its own cost. In the event of any damage including but not limited to the Demised Premises, obligation of maintaining the Lessee shall be under an obligation to set right the damage Leased Asset and rectify the Demised Premises through its own sources/contractors to put it carrying out repairs and alterations as stated in the same condition as it was at the time of execution of this Agreement, subject to normal wear and tear. This rectification shall be done by the Lessee before handing over the vacant possession of the Demised Premises after the expiry of the Lease or its earlier termination. In the event the Lessee fails to rectify the damage to the Demised Premises the Lessor may rectify such damage at its own cost and recover such costs from the Lessee. Such amount shall be recoverable by the Lessor from the Lessee from the IFRSD and if such IFRSD is not adequate, the balance shall be payable by the Lessee to the Lessor within 5 working days of the demand having been made by the Lessor on the LesseeClause 4.1 n hereinabove.
Appears in 1 contract
Samples: Networking Equipment Lease Agreement (Aegis Communications Group Inc)
OBLIGATIONS OF THE LESSEE. 10.1 The Lessee hereby agrees to promptly fulfill the following obligations:
5.1 Lessee shall pay the rent and all other sums provided for herein without demand, set-off, compensation or deduction whatsoever.
5.2 Lessee will be responsible for waste removal.
5.3 Lessee shall maintain the Leased Premises in good condition and will not cause any damage thereto, except those caused in the course of normal wear & tear or damages as a result careful owner would and shall be responsible for and pay the cost of Force Majeure events. If any damage is caused all repairs of every nature and kind to the Leased Premises arising out of the occupation and usage of Lessee, other than repairs which would constitute a major structural repairs to the Building unless due to the gross negligence of Lessee. The Lessor may enter and view the state of maintenance and repair of the Premises. Should Lessor deem it necessary to undertake any repairs or any part thereof to do anything which is required to be undertaken or done by Lessee under the Lease, then the Lessee or its employees, servants or agents, (except normal wear and tear or shall pay to Lessor as a result fee for supervision or carrying out of Force Majeure eventsLessee's obligations, an amount as additional rent equal to fifteen percent (15%) the same will be made good by the Lessee at of the cost of the Lessee either obligation, repairs, work, carried out by rectifying or under supervision of Lessor, which amount shall be in addition to the damage cost of such obligation or work and shall be collectible by paying cash compensationLessor as if it were rentals in arrears.
10.2 All 5.4 Lessee shall pay all business and other taxes (including taxes related to or resulting from improvements made by the licenses required to carry Lessee), charges, rates, duties Initials: ______/______/__________ Lessor/Lessee/Indemnifer and assessments levied in respect of the Lessee's maintenance and occupancy of the Premises or in respect of the personal property or business of the Lessee on the business [at Premises as and when the Leased Premises] will be obtained by the Lessee at its own cost and it will observe and perform the terms and conditions thereof properly and regularly.
10.3 At the end of the Termsame become due. Nevertheless, the Lessee shall be obligated to leave the Demised Premises in its original condition with its fixed may appeal such taxes, charges, rates, duties and loose fixtures, light fittings, false ceiling, flooring, wiring and partition walls and further depicted in the photographs attached as Schedule 2 to this Agreement, on an “as is where is” basis, subject to normal wear and tear. The Lessee will however be entitled to add additional fit outs and/or replace existing fit outs, furniture and fixtures, fixed or loose, of the Lessor, with new fit outs at its own costs and expenses, with the prior written permission of the Lessor. The Lessee will not require the prior permission of the Lessor for adding any loose furniture and fixtures in the Demised Premises, at its own costs and expenses. In the event any fit out is replaced with the written permission of the Lessor, the Lessee will not be obligated to restore the original fit out at the time of handing over vacant possession of the Demised Premises, assessments to the Lessor. Any fit outs work carried out by the Lessee and any new fixture and furniture, which is fixed (other than any electrical, audio visual or electronic equipment) and installed by the Lessee will become the property of the Lessor and the Lessee shall not be entitled to remove anything or take away anything at any point of time during the Term or on its Termination. However the Lessee shall be entitled to remove/take away any loose furniture, fixture installed by the Lessee. At the end of the Term or on its earlier Termination in accordance with the terms of this Agreement, in case any fixture is found damaged or missing (other than on account of normal wear and tear or as a result of Force Majeure events), the Lessee shall replace the same at its own cost. In the event of any damage to the Demised Premises, the Lessee shall be under an obligation to set right the damage and rectify the Demised Premises through its own sources/contractors to put it in the same condition as it was at the time of execution of this Agreement, subject to normal wear and tear. This rectification shall be done by the Lessee before handing over the vacant possession of the Demised Premises after the expiry of the Lease or its earlier termination. In the event the Lessee fails to rectify the damage to the Demised Premises the Lessor may rectify such damage at its own cost and recover such costs from the Lessee. Such amount shall be recoverable by the Lessor from the Lessee from the IFRSD and if such IFRSD is not adequate, the balance shall be payable by the Lessee to the Lessor within 5 working days of the demand having been made by the Lessor on the Lesseeproper authorities.
Appears in 1 contract