Common use of REPAIR AND DECORATION Clause in Contracts

REPAIR AND DECORATION. 7.1 The Tenant shall (subject to the provisions relating to insurance set out in part four of the Lease): 7.1.1 from time to time and at all times during the Term keep the Premises and every part thereof and all additions and improvements thereto in good and substantial repair and condition and good decorative order providing that the yielding up obligations are those as set out in Clause 20; 7.1.2 clean the Premises regularly and maintain them at all times in a clean and tidy condition but in no better condition than shown on the Schedule of Condition; 7.1.3 within three months (or sooner in emergency) of receipt of notice from the Landlord of any breach of this Clause carry out the repair, maintenance, cleaning, servicing and/or decoration required to remedy the breach; 7.1.4 decorate and keep the Premises decorated to a good standard; 7.1.5 in respect of any notice served by the Landlord pursuant to Clause 7.1.3 which relates to an External Repair, if the Tenant fails diligently to comply or seek to comply with such notice within the three months set out in the notice in accordance with Clause 7.1.3 (or such reasonable shorter period in emergency) the Landlord may enter the external parts (accompanied by an employee of the Tenant (which the Tenant covenants to make available) except in the case of emergency) but not for the avoidance of doubt any internal parts of the Premises to carry out such work necessary to comply with the notice, and the Tenant shall upon demand pay to the Landlord as a debt all costs which the Landlord reasonably and properly so incurs; 7.1.6 in the event that the Tenant does not permit the Landlord access to the Premises to carry out any of the Services, then the Tenant shall if the Landlord so requires be required at its own cost to carry out and complete such Services forthwith, provided that the Landlord shall in such instance pay the Tenant the cost that the Landlord would reasonably and properly have incurred in carrying out such Services. 7.2 A narrative and photographic schedule of condition of the New Premises will be prepared and completed on or after Practical Completion at the joint cost of the Landlord and the Tenant, and on completion shall be kept with this Lease. In the event that the Parties are unable to agree the content of the Schedule of Condition relating to the New Premises, then the matter shall be resolved by a surveyor appointed jointly by the parties or in the absence of agreement appointed by the President for the time being of the Royal Institute of Chartered Surveyors upon the application of either party and the surveyor shall act as an expert and not as an arbitrator and the surveyor’s costs shall be in the surveyor’s award.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (InterXion Holding N.V.)

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REPAIR AND DECORATION. 7.1 The Tenant shall (subject to the provisions relating to insurance set out in part four of the Lease): 7.1.1 from time to time and at all times during the Term will keep the Premises Property (and every part thereof any tenant’s or trade fixtures and all additions and improvements thereto fittings) in good and substantial repair and condition condition. 7.2 The Tenant will not be liable to repair the Property where damaged by an Insured Risk or by Uninsured Damage and good decorative order providing that the yielding up obligations are those as set out Landlord has served a Rebuilding Notice or Landlord’s Termination Notice unless: (a) payment of the insurance money is refused (in Clause 20;whole or part) due to something the Tenant (or any other person in the Property expressly or impliedly with the Tenant’s authority) has done or failed to do; and 7.1.2 clean (b) the Premises regularly and maintain them Tenant has failed to pay the amount so refused to the Landlord in accordance with clause 26.5. 7.3 The Tenant will keep the Property at all times clean and tidy, free from pollution or contamination and in a condition that poses no threat to human health or the environment. 7.4 The Tenant will clean the inside of all windows at the Property as often as reasonably required. 7.5 The Tenant will fit a new carpet in the Property as agreed between the Landlord and tidy condition but the Tenant. 7.6 The Tenant will decorate the inside of the Property to a high standard and to the Landlord’s reasonable specification in no better condition than shown on the Schedule last six months of Conditionthe Tenancy. 7.7 The Tenant will do the work mentioned in clauses 7.6 and 7.6: (a) in a good and workmanlike way; 7.1.3 within (b) using good-quality materials that are fit for the purpose for which they will be used; (c) using only contractors with a good reputation; (d) in accordance with current codes of building practice; (e) to the Landlord’s reasonable satisfaction; and (f) with such colours and materials as the Landlord reasonably requires. 7.8 Within three months (or sooner as soon as is reasonably possible in an emergency) of receipt of receiving notice from the Landlord of any breach of this Clause carry out clause, the repair, maintenance, cleaning, servicing and/or decoration required Tenant will do the work needed to remedy the breach; 7.1.4 decorate and keep the Premises decorated to a good standard; 7.1.5 in respect of any notice served by the Landlord pursuant to Clause 7.1.3 which relates to an External Repair, if put it right. If the Tenant fails diligently to comply or seek to comply with such notice within the three months set out in the notice in accordance with Clause 7.1.3 (or such reasonable shorter period in emergency) the Landlord may enter the external parts (accompanied by an employee of the Tenant (which the Tenant covenants to make available) except in the case of emergency) but not for the avoidance of doubt any internal parts of the Premises to carry out such work necessary to comply with the noticenotice in that time, and the Tenant shall upon demand pay to it will allow the Landlord to do the necessary work. The Tenant will pay the Landlord on demand as a debt all costs so incurred by the Landlord. 7.9 The Tenant will notify the Landlord of any defect in the Property or the Shared Areas for which the Landlord reasonably and properly so incurs;may have a liability or duty of care under this Lease or the Defective Premises Act 1972 or otherwise, immediately it becomes aware of the defect. 7.1.6 7.10 The Tenant will display in the event that the Tenant does not permit the Landlord access to the Premises to carry out any of the Services, then the Tenant shall if the Landlord so requires be required at its own cost to carry out and complete such Services forthwith, provided Property all notices that the Landlord shall reasonably requires to be displayed in such instance pay the Tenant the cost that the Landlord would reasonably and properly have incurred in carrying out such Services. 7.2 A narrative and photographic schedule of condition of the New Premises will be prepared and completed on or after Practical Completion at the joint cost of the Landlord and the Tenant, and on completion shall be kept with this Lease. In the event that the Parties are unable to agree the content of the Schedule of Condition relating relation to the New Premises, then the matter shall be resolved by a surveyor appointed jointly by the parties or in the absence of agreement appointed by the President for the time being of the Royal Institute of Chartered Surveyors upon the application of either party and the surveyor shall act as an expert and not as an arbitrator and the surveyor’s costs shall be in the surveyor’s awardDefective Premises Xxx 0000.

Appears in 2 contracts

Samples: Lease Agreement (Xenetic Biosciences, Inc.), Lease Agreement (Xenetic Biosciences, Inc.)

REPAIR AND DECORATION. 7.1 3.4.1 The Tenant shall (subject to the provisions relating to insurance set out in part four of the Lease): 7.1.1 from time to time and at all times during the Term will keep the Premises Property and every part thereof and all additions and improvements thereto Fixtures in good and substantial repair and condition but does not have to repair damage caused by an Insured Risk (unless and good decorative order providing to the extent that payment of the insurance monies is refused because of something the Tenant or an Invitee has done or not done and/or any of the matters referred to in clause 5.2.2 applies). 3.4.2 In the last three months before the determination of the Term, the Tenant will decorate or otherwise treat appropriately all internal and external surfaces of the Property. 3.4.3 All work that the yielding up obligations are those as set Tenant is to carry out pursuant to this clause 3.4 is to be carried out in Clause 20;accordance with good building or property maintenance practice then current. 7.1.2 clean 3.4.4 If the Premises regularly and maintain them at all times in Landlord gives the Tenant notice of a clean and tidy breach of an obligation by the Tenant relating to the condition but in no better condition than shown on of the Schedule Property, the Tenant will remedy such breach. If the Tenant has not done so within two months of Condition; 7.1.3 within three months such notice being given (or sooner in emergency) of receipt of notice from the Landlord of any breach of this Clause carry out the repair, maintenance, cleaning, servicing and/or decoration if reasonably required to remedy the breach; 7.1.4 decorate and keep the Premises decorated to a good standard; 7.1.5 in respect of any notice served by the Landlord pursuant to Clause 7.1.3 which relates to an External RepairLandlord), if the Tenant fails diligently to comply or seek to comply with such notice within the three months set out in the notice in accordance with Clause 7.1.3 (or such reasonable shorter period in emergency) the Landlord may enter the external parts (accompanied by an employee of the Tenant (which the Tenant covenants Property to make available) except in the case of emergency) but not for the avoidance of doubt any internal parts of the Premises to carry out such work necessary to comply with the notice, do so and the Tenant shall upon demand pay will reimburse the Landlord for the proper costs and expenses it incurs together with interest at the Default Rate from the date of expenditure of each item comprising such costs and expenses to the Landlord as date of payment by the Tenant. All of such costs, expenses and interest will constitute a debt all costs which immediately due and payable to the Landlord. 3.4.5 The Tenant will: 3.4.5.1 on becoming aware of any defect in the Property that might give rise to a duty on the Landlord, notify the Landlord reasonably and properly so incursimmediately; 7.1.6 in 3.4.5.2 display all notices at the event that the Tenant does not permit the Landlord access to the Premises to carry out any of the Services, then the Tenant shall if the Landlord so requires be required at its own cost to carry out and complete such Services forthwith, provided Property that the Landlord shall may reasonably require to be displayed having regard to any duty imposed on the Landlord; 3.4.5.3 maintain all plant exclusively serving the Property in a serviceable condition and replace with an appropriate substitute such instance pay plant as may become unfit for use; 3.4.5.4 provide landscaping and gardening services to all relevant areas; and 3.4.5.5 keep the Tenant the cost that the Landlord would reasonably and properly have incurred in carrying out such ServicesProperty clean. 7.2 A narrative and photographic schedule of condition of the New Premises will be prepared and completed on or after Practical Completion at the joint cost of the Landlord and the Tenant, and on completion shall be kept with this Lease. In the event that the Parties are unable to agree the content of the Schedule of Condition relating to the New Premises, then the matter shall be resolved by a surveyor appointed jointly by the parties or in the absence of agreement appointed by the President for the time being of the Royal Institute of Chartered Surveyors upon the application of either party and the surveyor shall act as an expert and not as an arbitrator and the surveyor’s costs shall be in the surveyor’s award.

Appears in 1 contract

Samples: Lease Agreement

REPAIR AND DECORATION. 7.1 The Tenant shall (subject 3.3.1 Well and substantially to repair and reinstate the provisions relating to insurance set out in part four of the Lease): 7.1.1 from time to time and at all times during the Term keep the Demised Premises and every part thereof and all additions and improvements thereto keep them in good and substantial repair and condition and good decorative order providing that the yielding up obligations are those as set out in Clause 20; 7.1.2 clean the Premises regularly and maintain them at all times in a clean and tidy condition but in no better condition than shown on the Schedule of Condition; 7.1.3 within three months (or sooner in emergency) of receipt of notice from the Landlord of any breach of this Clause carry out the repair, maintenance, cleaning, servicing and/or decoration required to remedy the breach; 7.1.4 decorate and keep the Premises decorated to a good standard; 7.1.5 in respect of any notice served by the Landlord pursuant to Clause 7.1.3 which relates to an External Repair, if the Tenant fails diligently to comply or seek to comply with such notice within the three months set out in the notice in accordance with Clause 7.1.3 (or such reasonable shorter period in emergency) the Landlord may enter the external parts (accompanied by an employee of the Tenant (which the Tenant covenants to make available) except in the case of emergency) but not for the avoidance of doubt any internal parts of the Premises to carry out such work necessary to comply repair and reinstatement with the notice, best quality materials and the Tenant shall upon demand pay to the Landlord as a debt all costs which the Landlord reasonably best standard of workmanship and properly so incurs; 7.1.6 in the event that the Tenant does not permit the Landlord access to the Premises to carry out any of the Services, then the Tenant shall if the Landlord so requires be required at its own cost to carry out and complete such Services forthwith, provided that the Landlord shall in such instance pay the Tenant the cost that the Landlord would reasonably and properly have incurred in carrying out such Services. 7.2 A narrative and photographic schedule of condition of the New Premises will be prepared and completed on or after Practical Completion at the joint cost satisfaction of the Landlord and if necessary from time to time to reinstate or rebuild the Demised Premises (damage or destruction due to any of the Insured Risks excepted unless any of the insurance money in respect thereof shall have been rendered irrecoverable by any act default or omission of the Tenant or any person deriving title from the Tenant or any servant agent licensee or invitee of the Tenant or any such person) and to repay to the Landlord on demand all expenses from time to time incurred by the Landlord in repairing or reinstating any Conducting Media not comprised in the Demised Premises but which serve only the Demised Premises 3.3.2 Without prejudice to the generality of the Tenant, 's obligations under the immediately preceding sub-clause to keep all machinery and on completion shall be kept with this Lease. In the event that the Parties are unable to agree the content equipment forming part of the Schedule of Condition relating Demised Premises properly maintained and in good working order and for that purpose to the New Premises, then the matter shall employ reputable contractors to be resolved by a surveyor appointed jointly approved in writing by the parties Landlord (such approval not to be unreasonably withheld) for the regular periodic inspection and maintenance of them and to renew all working and other parts of such machinery and equipment as and when necessary or when recommended by such contractors and from time to time to replace all Landlord's Fixtures fittings and appurtenances in or about the Demised Premises which become worn out or beyond repair at any time during or at the termination of the term 3.3.3 In a proper and workmanlike manner to prepare and paint with two coats of good quality paint or to treat with a suitable alternative preservative of equivalent efficacy previously approved in writing by the Landlord all the wood metal and other parts of the Demised Premises previously or usually so painted or treated and in like manner with good quality materials to grain varnish creosote stop whiten colour or otherwise treat all such parts as have been previously or are usually so dealt with and to repaper or reline the parts usually papered or lined with suitable good quality paper or fabric in every fifth year of the term and in the absence last three months of agreement appointed the term (howsoever determined) such decorations in the last three months of the Term to be carried out in such colours patterns and materials as shall first be approved in writing by the President for the time being of the Royal Institute of Chartered Surveyors upon the application of either party and the surveyor shall act as an expert and not as an arbitrator and the surveyor’s costs shall be in the surveyor’s award.Landlord

Appears in 1 contract

Samples: Lease (Pride Automotive Group Inc)

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REPAIR AND DECORATION. 7.1 The Tenant shall (subject to the provisions relating to insurance set out in part four of the Lease): 7.1.1 from time to time and at all times during the Term will: keep the Premises and every part thereof and all additions and improvements thereto Property in good repair condition and substantial decoration save that the Tenant is under no obligation to repair any Latent Defect, or to keep the Property in: any better state of repair and condition than it is in at the date hereof as is evidenced by the First Schedule of Condition fair wear and good decorative order providing tear excepted; following practical completion of the Tenant's Works, any better state of repair and condition than it is in at the date of practical completion of the Tenant's Works pursuant to the Agreement for Lease as is evidenced by the Second Schedule of Condition fair wear and tear excepted; ensure that all accessible windows in the Property are cleaned on a regular basis; and the Tenant’s obligation under this clause 3.3 does not extend to damage by the Insured Risks (as defined in Schedule 6) except to the extent that the yielding up obligations are those as set out in Clause 20; 7.1.2 clean the Premises regularly and maintain them at all times in a clean and tidy condition but in no better condition than shown on the Schedule of Condition; 7.1.3 within three months (or sooner in emergency) of receipt of notice from the Landlord insurance money cannot be recovered because of any breach of this Clause carry out the repair, maintenance, cleaning, servicing and/or decoration required to remedy the breach; 7.1.4 decorate and keep the Premises decorated to a good standard; 7.1.5 in respect of any notice served by the Landlord pursuant to Clause 7.1.3 which relates to an External Repair, if the Tenant fails diligently to comply act or seek to comply with such notice within the three months set out in the notice in accordance with Clause 7.1.3 (or such reasonable shorter period in emergency) the Landlord may enter the external parts (accompanied by an employee default of the Tenant (which or any Lawful Occupier unless the Tenant covenants to make available) except in the case of emergency) but not for the avoidance of doubt any internal parts of the Premises to carry out such work necessary to comply with the notice, and the Tenant shall upon demand pay pays to the Landlord as a debt all costs which the Landlord reasonably and properly so incurs; 7.1.6 in sum required under paragraph 4.6 of Part 1 of Schedule 6. the event that the Tenant Tenant's obligation under this clause 3.3 does not permit the Landlord access extend to the Premises to carry out damage by any of the Services, then the Uninsured Risk. The Tenant shall if the Landlord so requires be required will at its own cost enter into and maintain contracts with persons experienced in such matters to carry out inspect, maintain and complete repair any Plant which exclusively serves the Property and will supply copies of such Services forthwith, provided that contracts to the Landlord shall in such instance pay on request. Subject to clause 3.3.5 the Tenant the cost that the Landlord would reasonably and properly have incurred will at least in carrying out such Services. 7.2 A narrative and photographic schedule of condition every seventh year of the New Premises Term (or whenever reasonably necessary, but not more often than once in every fifth year of the Term) and in the last six months of the Term (howsoever determined) prepare, paint or otherwise appropriately treat with good quality materials and in a good and workmanlike manner all the inside surfaces of the buildings on the Property usually or requiring to be prepared, painted or otherwise treated. The Tenant will obtain the prior written approval (such approval not to be prepared and completed on unreasonably withheld or after Practical Completion at the joint cost delayed) of the Landlord to the tints, colours and patterns of all such works of painting and treating in the last six months of the Term (howsoever determined). The Tenant shall be under no obligation to keep the Property in: any better state of decorative condition than it is in at the date hereof as is evidenced by the First Schedule of Condition; and following practical completion of the Tenant, and on 's Works any better state of decorative condition than it is in at the date of practical completion shall be kept with this Lease. In the event that the Parties are unable to agree the content of the Tenant's Works as is evidenced by the Second Schedule of Condition relating to the New Premises, then the matter shall be resolved by a surveyor appointed jointly by the parties or in the absence of agreement appointed by the President for the time being of the Royal Institute of Chartered Surveyors upon the application of either party and the surveyor shall act as an expert and not as an arbitrator and the surveyor’s costs shall be in the surveyor’s awardCondition.

Appears in 1 contract

Samples: Lease

REPAIR AND DECORATION. 7.1 The Tenant shall (subject to the provisions relating to insurance set out in part four of the Lease): 7.1.1 from time to time and at all times during the Term keep 3.1 To repair the Premises and every part thereof any Building and all additions and improvements thereto to keep them in good and substantial repair and condition and good decorative order providing provided that the yielding up obligations are those as set out in Clause 20; 7.1.2 clean Tenant shall not be obliged to put and keep the Premises regularly in any better state of repair and maintain them at all times condition than is evidenced by the attached schedule of condition. 3.2 To keep the Building painted or otherwise decorated to a high standard and to redecorate it to a standard consistent with the attached schedule of condition as to the exterior not less than every 3 years and as to the interior not less than every 5 years and also in each case in the 3 months preceding Determination provided that nothing in this Lease shall require the Tenant to redecorate twice in any 18 month period 3.3 Before starting the last interior redecoration before Determination the Tenant shall obtain Consent (which shall not be unreasonably withheld or delayed) to the colour scheme and the type of decoration 3.4 If any exterior redecoration involves a different colour scheme or a different type of decoration to those then existing the Tenant shall before starting it obtain Consent (which consent shall not be unreasonably withheld or delayed) to the changes 3.5 Paragraphs 3.1 and 3.2 shall not apply to the extent that any lack of repair or decoration is caused by damage by an Insured Risk (unless paragraph 6 of schedule 5 applies) 3.6 To keep the Premises in a clean and tidy condition but and to keep any grass plants trees or other areas of soft landscaping at the Premises properly mown or tended as appropriate and to replace any plants or trees which die 3.7 To clean the glass of all windows in no better condition than shown the Building both inside and out as often as shall be reasonably necessary 3.8 If the Tenant is in breach of this paragraph 3 then in addition to any other rights which the Landlord may have: (a) the Landlord may serve on the Schedule Tenant written notice specifying the breach in question and (b) the Tenant shall as soon as practicable after receipt of Condition; 7.1.3 that notice and in any event within three 2 months (or sooner in emergency) of receipt of notice from the Landlord of any breach of this Clause carry out the repair, maintenance, cleaning, servicing and/or decoration required commence and proceed with all due speed to remedy the breach;breach and 7.1.4 decorate and keep the Premises decorated to a good standard; 7.1.5 in respect of any notice served by the Landlord pursuant to Clause 7.1.3 which relates to an External Repair, (c) if the Tenant fails diligently to comply or seek to comply with such notice within the three months set out in the notice in accordance with Clause 7.1.3 (or such reasonable shorter period in emergency) the Landlord may enter the external parts (accompanied by an employee of the Tenant (which the Tenant covenants to make available) except in the case of emergency) but not for the avoidance of doubt any internal parts of the Premises to carry out such work necessary to comply with the notice, and the Tenant shall upon demand pay to the Landlord as a debt all costs which the Landlord reasonably and properly so incurs; 7.1.6 in the event that the Tenant does not permit the Landlord access to the Premises to carry out any of the Services, then the Tenant shall if the Landlord so requires be required at its own cost to carry out and complete such Services forthwith, provided that the Landlord shall in such instance pay the Tenant the cost that the Landlord would reasonably and properly have incurred in carrying out such Services. 7.2 A narrative and photographic schedule of condition of the New Premises will be prepared and completed on or after Practical Completion at the joint cost of the Landlord and the Tenant, and on completion shall be kept with this Lease. In the event that the Parties are unable to agree the content of the Schedule of Condition relating to the New Premises, then the matter shall be resolved by a surveyor appointed jointly by the parties or in the absence of agreement appointed by the President for the time being of the Royal Institute of Chartered Surveyors upon the application of either party and the surveyor shall act as an expert and not as an arbitrator and the surveyor’s costs shall be in the surveyor’s award.paragraph 3.8

Appears in 1 contract

Samples: Lease Agreement (Oilgear Co)

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