Repair and Maintenance by Tenant. Tenant shall maintain the Premises in a clean, safe, and operable condition, and shall not permit or allow to remain any waste or damage to any portion of the Premises. If the Premises include, now or hereafter, one or more floors of the Building in their entirety, all corridors and restroom facilities located on such full floor(s) shall be considered to be a part of the Premises. Additionally, Tenant, at its sole expense, shall repair, replace and maintain in good condition and in accordance with all Laws and the equipment manufacturer’s suggested service programs, all portions of the Premises (excluding the core portion of the Building’s Systems, which shall be maintained by Landlord pursuant to Section 7.4, and the branch lines of the plumbing, electrical and HVAC systems, including all duct work, exclusively serving the Premises, which shall be maintained by Landlord at Tenant’s cost and expense) and Tenant’s Off-Premises Equipment, if any, and all areas, improvements and separate systems, e.g., supplemental HVAC systems, if any, exclusively serving the Premises. Notwithstanding any other provision in this Lease to the contrary, with respect to any portion of the Premises visible from any common area inside or outside of the Building (the “Visible Premises”). Tenant shall (a) maintain such Visible Premises and furniture, fixtures and equipment located therein in a neat and first-class condition throughout the Term and any extension thereof, (b) not use the Visible Premises for storage, (c) obtain Landlord’s prior written consent as to the interior paint color, signage, carpeting, furniture and equipment contained in the Visible Premises, (d) complete within the Visible Premises any requested cleaning within one business day after Landlord’s written request therefor, and (e) complete within the Visible Premises any requested repairs, alterations or changes within five business days after Landlord’s written request therefor. Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Project caused by a Tenant Party. If (1) Tenant fails to commence to make such repairs or replacements within 15 days after the occurrence of such damage and thereafter diligently pursue the completion thereof (or, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), or (2) notwithstanding such diligence, Tenant fails to complete such repairs or replacements within 30 days after the occurrence of such damage (or, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), then Landlord may make the same at Tenant’s cost. If any such damage occurs outside of the Premises, or if such damage occurs inside the Premises but affects the Building’s Systems and/or Building’s Structure or any other area outside the Premises, then Landlord may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damage. The actual, reasonable out-of-pocket cost of all maintenance, repair or replacement work performed by Landlord under this Section 8, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has invoiced Tenant therefor.
Appears in 3 contracts
Samples: Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.)
Repair and Maintenance by Tenant. Tenant shall maintain shall, at Tenant’s sole cost and expense, keep the Premises in a cleanand good, safe, safe and operable sanitary condition, maintaining, repairing and shall not permit or allow to remain any waste or damage to any portion replacing every part thereof, including without limitation repairs and replacements of all structural components of the Premises, including the roof, the elevators within the Building, the heating, ventilation and air conditioning (“HVAC”) systems serving the Building, the parking lot serving the Building and all other repair and maintenance of the Premises. If Throughout the Premises includeTerm of this Lease, now or hereafterTenant shall keep in full force and effect at Tenant’s sole cost and expense, a contract with one or more floors licensed heating and cooling companies for the routine maintenance of the Building in their entiretyHVAC system(s) servicing the Premises, all corridors and restroom facilities located on such full floor(s) a contract for one or more qualified companies for elevator maintenance, which contracts shall be considered subject to the prior approval of Landlord, which approval shall not be unreasonably withheld or delayed. Such contracts shall provide, at a part minimum, for inspections and maintenance of the dedicated HVAC system at least once every six months and elevators at least once a year and shall establish maximum allowable response times for service calls. Tenant’s repair and maintenance shall include, without limitation, cleaning and janitorial services; maintaining exterior landscaping; removing snow, ice and other debris from parking lots and walkways; cleaning, maintaining, repairing and replacing all components of Tenant’s furniture, fixtures and equipment; and providing for reasonable security of the Premises. AdditionallyAccordingly, TenantTenant shall not be responsible for paying or reimbursing Landlord for any operating expenses, at its sole expensecommon area maintenance charges or similar costs. Notwithstanding the foregoing to the contrary, shall repair, replace and maintain in good condition and in accordance with all Laws and the equipment manufacturer’s suggested service programs, all for repairs or maintenance to such portions of the Premises (excluding the core portion of the Building’s Systems, which shall be maintained by Landlord pursuant to Section 7.4, and the branch lines of the plumbing, electrical and HVAC systems, including all duct work, exclusively serving the Premises, which shall be maintained by Landlord at Tenant’s cost and expense) and Tenant’s Off-Premises Equipment, if any, and all areas, improvements and separate systems, e.g., supplemental HVAC systems, if any, exclusively serving the Premises. Notwithstanding any other provision in this Lease are required due to the contrarygross negligence or wrongful act of Landlord, with respect to any portion of the Premises visible from any common area inside or outside of the Building (the “Visible Premises”). Tenant shall (a) maintain such Visible Premises and furniture, fixtures and equipment located therein in a neat and first-class condition throughout the Term and any extension thereof, (b) not use the Visible Premises for storage, (c) obtain Landlord’s prior written consent as to the interior paint coloragents, signageemployees or customers, carpeting, furniture and equipment contained in the Visible Premises, (d) complete within the Visible Premises any requested cleaning within one business day after Landlord’s written request therefor, and (e) complete within the Visible Premises any requested repairs, alterations or changes within five business days after Landlord’s written request therefor. Tenant Landlord shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Project caused by a Tenant Party. If (1) Tenant fails to commence to make such repairs or replacements within 15 days provide such maintenance at Landlord’s expense. Notwithstanding anything contained herein, if the HVAC system or roof has to be replaced at any time during the last twenty four months of the Lease Term, Tenant remains obligated, at Tenant’s sole cost and expense, to replace the HVAC system and/or its component parts and/or roof, as applicable; but if Tenant does not exercise any right to extend the Lease Term after the occurrence of date such damage and thereafter diligently pursue the completion thereof (or, in the case of an emergency, such shorter period of time as replacement is reasonable given the circumstances), or (2) notwithstanding such diligence, Tenant fails to complete such repairs or replacements within 30 days after the occurrence of such damage (or, in the case of an emergency, such shorter period of time as is reasonable given the circumstances)completed, then Landlord may make shall reimburse Tenant the same at Tenant’s cost. If any such damage occurs outside unamortized value of the Premises, HVAC or if such damage occurs inside the Premises but affects the Building’s Systems and/or Building’s Structure or any other area outside roof replacement upon written receipt of all reasonable written invoices from Tenant after Tenant has vacated the Premises, then Landlord may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damage. The actual, reasonable out-of-pocket cost of all maintenance, repair or replacement work performed by Landlord under this Section 8, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has invoiced Tenant therefor.
Appears in 2 contracts
Samples: Lease Agreement (Medpace Holdings, Inc.), Lease Agreement (Medpace Holdings, Inc.)
Repair and Maintenance by Tenant. (a) Except for those repairs and maintenance obligations required to be undertaken by Landlord as expressly provided in this Lease, Tenant shall maintain keep the Leased Premises [including, without limitation, Standard Improvements and Tenant Improvements (both as defined in a clean, safe, Exhibit F)] and operable condition, and shall not permit all fixtures installed by or allow to remain any waste or damage to any portion on behalf of the Premises. If the Premises include, now or hereafter, one or more floors of the Building in their entirety, all corridors and restroom facilities located on such full floor(s) shall be considered to be a part of the Premises. Additionally, Tenant, at its sole expense, shall repair, replace and maintain Tenant in good condition and in accordance with all Laws and the equipment manufacturer’s suggested service programs, all portions of the Premises (excluding the core portion of the Building’s Systems, which shall be maintained by Landlord pursuant to Section 7.4, and the branch lines of the plumbing, electrical and HVAC systems, including all duct work, exclusively serving the Premises, which shall be maintained by Landlord at Tenant’s cost and expense) and Tenant’s Off-Premises Equipment, if any, and all areas, improvements and separate systems, e.g., supplemental HVAC systems, if any, exclusively serving the Premises. Notwithstanding any other provision in this Lease to the contrary, with respect to any portion of the Premises visible from any common area inside or outside of the Building (the “Visible Premises”)tenantable condition. Tenant shall (a) maintain such Visible Premises promptly make all necessary non-structural repairs and furniture, replacements to its fixtures and equipment located therein Tenant Improvements, all at Tenant's expense, under the supervision and with the approval of Landlord. All repairs and replacements must be equal in a neat quality and first-class condition throughout the Term and any extension thereof, (b) not use the Visible Premises for storage, (c) obtain Landlord’s prior written consent as to the interior paint colororiginal work. Without diminishing this obligation of Tenant, signage, carpeting, furniture and equipment contained in the Visible Premises, (d) complete within the Visible Premises any requested cleaning within one business day after Landlord’s written request therefor, and (e) complete within the Visible Premises any requested repairs, alterations or changes within five business days after Landlord’s written request therefor. Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Project caused by a Tenant Party. If (1) if Tenant fails to commence to make such any repairs or and replacements within 15 days after the occurrence of such the damage and thereafter diligently pursue the completion thereof (oror injury, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), or (2) notwithstanding such diligence, Tenant fails to complete such repairs or replacements within 30 days after the occurrence of such damage (or, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), then Landlord may at its option make the same at Tenant’s cost. If any such damage occurs outside of repairs and replacements and Tenant shall pay Landlord on demand as additional Rent the Premises, or if such damage occurs inside the Premises but affects the Building’s Systems and/or Building’s Structure or any other area outside the Premises, then Landlord may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damage. The actual, reasonable out-of-pocket cost of all maintenance, repair or replacement work performed costs incurred by Landlord under this Section 8, in each case plus an administrative fee of 15equal to 10% of the costs; provided, however, that with respect to any repair which reasonably requires more than 15 days to complete, Landlord shall not have the right to make such cost, repair or replacement as long as Tenant commences such repair within such 15 day period and thereafter diligently pursues such repair to completion.
(b) Tenant shall be paid pay the cost of repairs and replacements due to damage or injury to the Project or any part thereof caused by any Tenant Party or by any malfunction or misuse of any equipment installed by or on behalf of Tenant. This amount is payable by Tenant to Landlord on demand as additional Rent, plus interest at the Interest Rate from the date of payment by Landlord until paid by Tenant. If Tenant requests Landlord to perform any maintenance or repairs to the Leased Premises, over and above the services required to be performed by Landlord pursuant to Paragraph 7, Tenant shall pay the actual cost thereof, plus an administrative fee equal to 10% of the actual cost thereof, to Landlord as additional Rent within 30 5 business days after demand.
(c) Tenant also shall pay the actual cost, plus an administrative fee equal to 10% of the actual cost thereof, to Landlord has invoiced Tenant thereforas additional Rent within 5 days after demand, of replacing fluorescent light tubes in Building standard light fixtures located in the Leased Premises.
Appears in 2 contracts
Samples: Office Lease (Penson Worldwide Inc), Office Lease (Penson Worldwide Inc)
Repair and Maintenance by Tenant. (a) Tenant shall maintain keep the Leased Premises and all fixtures installed by or on behalf of Tenant in a clean, safe, good and operable tenantable condition, normal wear and tear excepted. Tenant shall not permit promptly make all necessary non-structural repairs and replacements thereto except those caused by fire or allow to remain any waste other casualty covered by Landlord’s insurance on the Building, or damage to any portion of the Premises. If the Premises include, now resulting from Landlord or hereafter, one Landlord’s employees or more floors of the Building in their entiretycontractors negligence or willful misconduct, all corridors and restroom facilities located on such full floor(s) shall be considered to be a part of the Premises. Additionally, Tenant, at its sole expense, shall repair, replace and maintain in good condition and in accordance with all Laws and the equipment manufacturer’s suggested service programs, all portions of the Premises (excluding the core portion of the Building’s Systems, which shall be maintained by Landlord pursuant to Section 7.4, and the branch lines of the plumbing, electrical and HVAC systems, including all duct work, exclusively serving the Premises, which shall be maintained by Landlord at Tenant’s cost expense and expense) with the approval of Landlord. All repairs and Tenant’s Off-Premises Equipment, if anyreplacements must be equal in quality to the original work, and all areas, improvements contractors and separate systems, e.g., supplemental HVAC systemssubcontractors performing such repairs and replacements must comply with the conditions specified in Section 6.02(a) hereinbelow. Without diminishing this obligation of Tenant, if any, exclusively serving the Premises. Notwithstanding any other provision in this Lease to the contrary, with respect to any portion of the Premises visible from any common area inside or outside of the Building (the “Visible Premises”). Tenant shall (a) maintain such Visible Premises and furniture, fixtures and equipment located therein in a neat and first-class condition throughout the Term and any extension thereof, (b) not use the Visible Premises for storage, (c) obtain Landlord’s prior written consent as to the interior paint color, signage, carpeting, furniture and equipment contained in the Visible Premises, (d) complete within the Visible Premises any requested cleaning within one business day after Landlord’s written request therefor, and (e) complete within the Visible Premises any requested repairs, alterations or changes within five business days after Landlord’s written request therefor. Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Project caused by a Tenant Party. If (1) Tenant fails to commence to make such any repairs or and replacements within 15 thirty (30) days after the occurrence of such the damage and thereafter diligently pursue the completion thereof (oror injury, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), or (2) notwithstanding such diligence, Tenant fails to complete such repairs or replacements within 30 days after the occurrence of such damage (or, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), then Landlord may at its option after written notice make the same at Tenant’s cost. If any such damage occurs outside of repairs and replacements and Tenant shall pay Landlord on demand as Rent the Premises, or if such damage occurs inside the Premises but affects the Building’s Systems and/or Building’s Structure or any other area outside the Premises, then Landlord may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damage. The actual, reasonable out-of-pocket cost of all maintenance, repair or replacement work performed costs incurred by Landlord under this Section 8, in each case plus an administrative fee equal to ten percent (10%) of 15% the costs.
(b) Tenant shall pay the cost of such cost, shall be paid repairs and replacements due to damage or injury to the Building or any part thereof caused by any of Tenant’s employees or by any malfunction or misuse of any equipment installed by or on behalf of Tenant unless improperly installed by Landlord’s contractor. This amount is payable by Tenant to Landlord as Rent within 30 thirty (30) days after written notice from Landlord. If Tenant requests Landlord has invoiced to perform any maintenance or repairs to the Leased Premises, over and above the services required to be performed by Landlord pursuant to Article IV, Tenant thereforshall pay the actual cost thereof, plus an administrative fee equal to ten percent (10%) of the actual cost thereof, to Landlord as Rent within thirty (30) business days after demand.
Appears in 1 contract
Samples: Lease Agreement (Newgistics, Inc)
Repair and Maintenance by Tenant. Tenant shall maintain the Premises in a clean, safe, and operable condition, and shall not permit or allow to remain any waste or damage to any portion of the Premises. If the Premises include, now or hereafter, one or more floors of the Building in their entirety, all corridors and restroom facilities located on such full floor(s) shall be considered This is intended to be a part "Triple Net" lease and in addition to the obligations of the Premises. AdditionallyTenant to pay for all Property Taxes (as hereinafter defined) and insurance as provided in Sections 14 and 15 hereof, TenantTenant is responsible, at its sole cost and expense for all maintenance, repairs and replacements (including, without limitation, those of a capital nature) to the Building and Land, including, but not by way of limitation, all items set forth in this Section 8. Tenant will not in any manner deface or damage the Building or Land and will pay as additional rent on demand the cost of replacing any damage done to the Building or Land except damage caused by the gross negligence or willful misconduct of Landlord. Tenant shall, at its own cost and expense, shall repairthroughout the term hereof, replace keep and maintain in good condition and in accordance with all Laws and the equipment manufacturer’s suggested service programsrepair, all structural and non-structural portions of the Premises (excluding Building and Land, including but not limited to the core portion roof, foundation, structural soundness of the Building’s Systemsexterior walls, which including cleaning and painting thereof. Tenant shall keep and maintain in good repair all windows, window glass, plate glass (including cleaning of all glass), doors, fixtures, equipment, Elevators (as hereinafter defined) and HVAC (as hereinafter defined) and all other machinery located in the Building and/or on the Land. Tenant shall pay for all license, permits, use and inspections in connection with the Building and Land during the Lease Term. Furthermore, Tenant shall keep the plumbing working, closets, pipes and fixtures belonging thereto in good repair, and keep the water pipes and connections free from ice and all other obstructions, to the satisfaction of Landlord and any government authority having jurisdiction over the Building or the Land during the term hereof. It shall be maintained by Landlord pursuant the obligation of Tenant to Section 7.4keep and maintain in good repair, the sidewalks, parking lots, driveways and the branch lines of the plumbingcurbs, electrical and HVAC service facilities, signage, landscaping, sprinkler systems, Elevators, including all duct workalterations and work required to have the Building and Land comply with all Environmental Laws and all laws, exclusively serving ordinances and regulations applicable to the PremisesBuilding and Land. Tenant shall, which shall be maintained by Landlord at Tenant’s its sole cost and expense) and Tenant’s Off-Premises Equipment, if any, and during the term hereof make all areasalterations, improvements and separate systems, e.g., supplemental HVAC systems, if any, exclusively serving the Premises. Notwithstanding any other provision in this Lease or additions to the contrary, with respect to Building and Land that may be required on account of any portion of the Premises visible from any common area inside existing or outside future laws or regulations. It is specifically understood that Landlord shall have no obligation for maintenance or repair of the Building (the “Visible Premises”)or Land and shall incur no liability or expense in regard thereto. Tenant shall insure that the heating, ventilating and air conditioning equipment serving the Building (a"HVAC") is in good operating order and condition on the Commencement Date and Tenant shall maintain such Visible Premises and furniturea commercially reasonable preventative maintenance contract for the HVAC system, fixtures and equipment located therein in a neat and first-class condition throughout acceptable to Landlord, during the Term and any extension thereof, (b) not use the Visible Premises for storage, (c) obtain Landlord’s prior written consent as to the interior paint color, signage, carpeting, furniture and equipment contained in the Visible Premises, (d) complete within the Visible Premises any requested cleaning within one business day after Landlord’s written request therefor, and (e) complete within the Visible Premises any requested repairs, alterations or changes within five business days after Landlord’s written request thereforterm hereof. Tenant shall make all necessary repairs and replacements of the HVAC system which are not covered (or would not be covered) under such preventative maintenance contract, including capital expenditures for repair or replacereplacement of the HVAC systems serving the Building. Without diminishing such obligation of Tenant and in addition to any other remedies Landlord may have, subject to Landlord’s direction and supervision, any damage to the Project caused by a Tenant Party. If (1) if Tenant fails to commence to make such repairs or and replacements within 15 fifteen (15) days after notice to Tenant from Landlord, Landlord may, at its option, make such repairs and replacements and Tenant shall pay Landlord the occurrence cost thereof as additional rent on demand. Likewise, Tenant shall at its sole cost and expense, insure that the elevators and all equipment and fixtures related thereto (collectively the "Elevators") are in good operating order and condition and comply with all governmental requirements as of the Commencement Date and Tenant shall maintain a commercially reasonable preventive maintenance contract for the Elevators, acceptable to Landlord, during the term hereof and insure that the same continue to comply with all applicable rules, regulations and ordinances of any governmental authority having jurisdiction over the Building. Tenant shall make all necessary repairs and replacements of the Elevators that are not covered (or would not be covered) under this preventive maintenance contract, including capital expenditures for repairs or replacement of the Elevators. Without diminishing such damage obligations of Tenant, and thereafter diligently pursue the completion thereof (orin addition to any other remedies Landlord may have, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), or (2) notwithstanding such diligence, if Tenant fails to complete make such repairs and replacements within fifteen (15) days after notice to Tenant from Landlord, Landlord may, at its option, make such repairs and replacements and Tenant shall pay Landlord the cost thereof of additional rent on demand. However, nothing set forth in this Section 8, or elsewhere in this Lease shall impose any obligation upon Landlord to make any such repairs or replacements within 30 days after the occurrence of and Landlord shall have no liability to Tenant, its agent, employees, contractors or invitees for failure to make such damage repairs and/or replacement or for any damage, loss or injury (orincluding death) arising therefrom, in the case of an emergencyand Tenant hereby indemnifies and holds Landlord harmless from any and all damage, such shorter period of time as is reasonable given the circumstances), then Landlord may make the same at Tenant’s cost. If any such damage occurs outside of the Premises, or if liabilities which may arise by virtue of any loss, damage, injury (including death) or liability arising from such damage occurs inside the Premises but affects election by Landlord not to repair or replace. Tenant shall maintain, at its sole cost and expense, a janitorial service contract and a pest control contract covering the Building’s Systems and/or Building’s Structure or any other area outside , acceptable to Landlord, during the Premises, then Landlord may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damage. The actual, reasonable out-of-pocket cost of all maintenance, repair or replacement work performed by Landlord under this Section 8, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has invoiced Tenant thereforLease Term.
Appears in 1 contract
Repair and Maintenance by Tenant. Tenant shall maintain the Premises in a clean, safe, and operable condition, and shall not permit or allow to remain any waste or damage to any portion of the Premises. If the Premises include, now or hereafter, one or more floors of the Building in their entirety, all corridors and restroom facilities located on such full floor(s) shall be considered This is intended to be a part "Triple Net" lease and in addition to the obligations of the Premises. AdditionallyTenant to pay for all Property Taxes (as hereinafter defined) and insurance as provided in Sections 14 and 15 hereof, TenantTenant is responsible, at its sole cost and expense for all maintenance, repairs and replacements (including, without limitation, those of a capital nature) to the Building and Land, including, but not by way of limitation, all items set forth in this Section 8. Tenant will not in any manner deface or damage the Building or Land and will pay as additional rent on demand the cost of replacing any damage done to the Building or Land except damage caused by the gross negligence or willful misconduct of Landlord. Tenant shall, at its own cost and expense, shall repairthroughout the term hereof, replace keep and maintain in good condition and in accordance with all Laws and the equipment manufacturer’s suggested service programsrepair, all structural and non-structural portions of the Premises (excluding Building and Land, including but not limited to the core portion roof, foundation, structural soundness of the Building’s Systemsexterior walls, which including cleaning and painting thereof. Tenant shall keep and maintain in good repair all windows, window glass, plate glass (including cleaning of all glass), doors, fixtures, equipment, Elevators (as hereinafter defined) and HVAC (as hereinafter defined) and all other machinery located in the Building and/or on the Land. Tenant shall pay for all license, permits, use and inspections in connection with the Building and Land during the Lease Term. Furthermore, Tenant shall keep the plumbing working, closets, pipes and fixtures belonging thereto in good repair, and keep the water pipes and connections free from ice and all other obstructions, to the satisfaction of Landlord and any government authority having jurisdiction over the Building or the Land during the term hereof. It shall be maintained by Landlord pursuant the obligation of Tenant to Section 7.4keep and maintain in good repair, the sidewalks, parking lots, driveways and the branch lines of the plumbingcurbs, electrical and HVAC service facilities, signage, landscaping, sprinkler systems, Elevators, including all duct workalterations and work required to have the Building and Land comply with all Environmental Laws and all laws, exclusively serving ordinances and regulations applicable to the PremisesBuilding and Land. Tenant shall, which shall be maintained by Landlord at Tenant’s its sole cost and expense) and Tenant’s Off-Premises Equipment, if any, and during the term hereof make all areasalterations, improvements and separate systems, e.g., supplemental HVAC systems, if any, exclusively serving the Premises. Notwithstanding any other provision in this Lease or additions to the contrary, with respect to Building and Land that may be required on account of any portion of the Premises visible from any common area inside existing or outside future laws or regulations. It is specifically understood that Landlord shall have no obligation for maintenance or repair of the Building (the “Visible Premises”)or Land and shall incur no liability or expense in regard thereto. Tenant shall insure that the heating, ventilating and air conditioning equipment serving the Building (a"HVAC") is in good operating order and condition on the Commencement Date and Tenant shall maintain such Visible Premises and furniturea commercially reasonable preventative maintenance contract for the HVAC system, fixtures and equipment located therein in a neat and first-class condition throughout acceptable to Landlord, during the Term and any extension thereof, (b) not use the Visible Premises for storage, (c) obtain Landlord’s prior written consent as to the interior paint color, signage, carpeting, furniture and equipment contained in the Visible Premises, (d) complete within the Visible Premises any requested cleaning within one business day after Landlord’s written request therefor, and (e) complete within the Visible Premises any requested repairs, alterations or changes within five business days after Landlord’s written request thereforterm hereof. Tenant shall make all necessary repairs and replacements of the HVAC system which are not covered (or would not be covered) under such preventative maintenance contract, including capital expenditures for repair or replacereplacement of the HVAC systems serving the Building. Without diminishing such obligation of Tenant and in addition to any other remedies Landlord may have, subject to Landlord’s direction and supervision, any damage to the Project caused by a Tenant Party. If (1) if Tenant fails to commence to make such repairs or and replacements within 15 fifteen (15) days after notice to Tenant from Landlord, Landlord may, at its option, make such repairs and replacements and Tenant shall pay Landlord the occurrence cost thereof as additional rent on demand. Likewise, Tenant shall at its sole cost and expense, insure that the elevators and all equipment and fixtures related thereto (collectively the "Elevators") are in good operating order and condition and comply with all governmental requirements as of the Commencement Date and Tenant shall maintain a commercially reasonable preventive maintenance contract for the Elevators, acceptable to Landlord, during the term hereof and insure that the same continue to comply with all applicable rules, regulations and ordinances of any governmental authority having jurisdiction over the Building. Tenant shall make all necessary repairs and replacements of the Elevators which are not covered (or would not be covered) under this preventive maintenance contract, including capital expenditures for repairs or replacement of the Elevators. Without diminishing such damage obligations of Tenant, and thereafter diligently pursue the completion thereof (orin addition to any other remedies Landlord may have, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), or (2) notwithstanding such diligence, if Tenant fails to complete make such repairs and replacements within fifteen (15) days after notice to Tenant from Landlord, Landlord may, at its option, make such repairs and replacements and Tenant shall pay Landlord the cost thereof of additional rent on demand. However, nothing set forth in this Section 8, or elsewhere in this Lease shall impose any obligation upon Landlord to make any such repairs or replacements within 30 days after the occurrence of and Landlord shall have no liability to Tenant, its agent, employees, contractors or invitees for failure to make such damage repairs and/or replacement or for any damage, loss or injury (orincluding death) arising therefrom, in the case of an emergencyand Tenant hereby indemnifies and holds Landlord harmless from any and all damage, such shorter period of time as is reasonable given the circumstances), then Landlord may make the same at Tenant’s cost. If any such damage occurs outside of the Premises, or if liabilities which may arise by virtue of any loss, damage, injury (including death) or liability arising from such damage occurs inside the Premises but affects election by Landlord not to repair or replace. Tenant shall maintain, at its sole cost and expense, a janitorial service contract and a pest control contract covering the Building’s Systems and/or Building’s Structure or any other area outside , acceptable to Landlord, during the Premises, then Landlord may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damage. The actual, reasonable out-of-pocket cost of all maintenance, repair or replacement work performed by Landlord under this Section 8, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has invoiced Tenant thereforLease Term.
Appears in 1 contract
Repair and Maintenance by Tenant. (a) Tenant shall maintain keep the Leased Premises and all fixtures installed by or on behalf of Tenant in a clean, safe, good and operable tenantable condition, normal wear and tear excepted. Tenant shall not permit promptly make all necessary non-structural repairs and replacements thereto except those caused by fire or allow to remain any waste other casualty covered by Landlord's insurance on the Building, or damage to any portion of the Premises. If the Premises include, now resulting from Landlord or hereafter, one Landlord's employees or more floors of the Building in their entiretycontractors negligence or willful misconduct, all corridors and restroom facilities located on such full floor(s) shall be considered to be a part of the Premises. Additionally, Tenant, at its sole expense, shall repair, replace and maintain in good condition and in accordance with all Laws and the equipment manufacturer’s suggested service programs, all portions of the Premises (excluding the core portion of the Building’s Systems, which shall be maintained by Landlord pursuant to Section 7.4, and the branch lines of the plumbing, electrical and HVAC systems, including all duct work, exclusively serving the Premises, which shall be maintained by Landlord at Tenant’s cost 's expense and expense) with the approval of Landlord. All repairs and Tenant’s Off-Premises Equipment, if anyreplacements must be equal in quality to the original work, and all areas, improvements contractors and separate systems, e.g., supplemental HVAC systems, if any, exclusively serving subcontractors performing such repairs and replacements must comply with the Premises. Notwithstanding any other provision conditions specified in this Lease to the contrary, with respect to any portion of the Premises visible from any common area inside or outside of the Building (the “Visible Premises”). Tenant shall Section 6.02
(a) maintain such Visible Premises and furniturehereinbelow. Without diminishing this obligation of Tenant, fixtures and equipment located therein in a neat and first-class condition throughout the Term and any extension thereof, (b) not use the Visible Premises for storage, (c) obtain Landlord’s prior written consent as to the interior paint color, signage, carpeting, furniture and equipment contained in the Visible Premises, (d) complete within the Visible Premises any requested cleaning within one business day after Landlord’s written request therefor, and (e) complete within the Visible Premises any requested repairs, alterations or changes within five business days after Landlord’s written request therefor. Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Project caused by a Tenant Party. If (1) if Tenant fails to commence to make such any repairs or and replacements within 15 thirty (30) days after the occurrence of such the damage and thereafter diligently pursue the completion thereof (oror injury, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), or (2) notwithstanding such diligence, Tenant fails to complete such repairs or replacements within 30 days after the occurrence of such damage (or, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), then Landlord may at its option after written notice make the same at Tenant’s cost. If any such damage occurs outside of repairs and replacements and Tenant shall pay Landlord on demand as Rent the Premises, or if such damage occurs inside the Premises but affects the Building’s Systems and/or Building’s Structure or any other area outside the Premises, then Landlord may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damage. The actual, reasonable out-of-pocket cost of all maintenance, repair or replacement work performed costs incurred by Landlord under this Section 8, in each case plus an administrative fee equal to ten (10) percent of 15% the costs.
(b) Tenant shall pay the cost of such cost, shall be paid repairs and replacements due to damage or injury to the Building or any part thereof caused by any of Tenant's employees or by any malfunction or misuse of any equipment installed by or on behalf of Tenant unless improperly installed by Landlord's contractor. This amount is payable by Tenant to Landlord as Rent within 30 thirty (30) days after written notice from Landlord. If Tenant requests Landlord has invoiced to perform any maintenance or repairs to the Leased Premises, over and above the services required to be performed by Landlord pursuant to Article IV, Tenant thereforshall pay the actual cost thereof, plus an administrative fee equal to ten (10) percent of the actual cost thereof, to Landlord as Rent within thirty (30) business days after demand.
Appears in 1 contract
Repair and Maintenance by Tenant. At all times during the Lease Term, subject to Article 8 below, Tenant shall maintain shall, at Tenant’s own expense, keep all portions of the Premises (excluding the Building Systems and other items to be maintained by Landlord pursuant to Section 7.2) in a cleangood order, saferepair and condition, reasonable wear and tear and damage from Casualty that is not Tenant’s obligation to repair hereunder excepted, and operable conditionin accordance with all Applicable Laws and the equipment manufacturer’s suggested service programs, including all improvements, fixtures, furnishings, and shall not permit or allow systems and equipment therein (including, without limitation, plumbing fixtures other than plumbing fixtures in Common Area restrooms (as opposed to remain restrooms located on any waste or damage to any portion full floors of the Premises, which shall be Tenant’s obligation to repair and maintain) and equipment such as dishwashers, garbage disposals, and instant hot dispensers), and any of Tenant’s Off-Premises Equipment and all areas, improvements and systems exclusively serving the Premises, including the branch lines of the plumbing, electrical and BB HVAC System, including the Tenant HVAC System, all duct work, and the floor coverings in the Premises. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by reasonable wear and tear associated with reasonable, normal and customary use of the item in question that does not impair the function of the item in question for its intended use (“reasonable wear and tear”); provided however, that, at Landlord’s option, or if Tenant fails to make such repairs after the expiration of applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, within thirty (30) days of being billed for same. If the Premises include, now or hereafter, one or more floors of the Building in their entirety, all corridors and restroom facilities located on such full floor(s) shall be considered to be a part of the Premises. Additionally, Tenant, at its sole expense, shall repair, replace and maintain in good condition and in accordance with all Laws and the equipment manufacturer’s suggested service programs, all portions of the Premises (excluding the core portion of the Building’s Systems, which shall be maintained by Landlord pursuant to Section 7.4, and the branch lines of the plumbing, electrical and HVAC systems, including all duct work, exclusively serving the Premises, which shall be maintained by Landlord at Tenant’s cost and expense) and Tenant’s Off-Premises Equipment, if any, and all areas, improvements and separate systems, e.g., supplemental HVAC systems, if any, exclusively serving the Premises. Notwithstanding any other provision in this Lease to the contrary, with respect to any portion of the Premises visible from any common area inside or outside of the Building (the “Visible Premises”). Tenant shall (a) maintain such Visible Premises and furniture, fixtures and equipment located therein in a neat and first-class condition throughout the Term and any extension thereof, (b) not use the Visible Premises for storage, (c) obtain Landlord’s prior written consent as to the interior paint color, signage, carpeting, furniture and equipment contained in the Visible Premises, (d) complete within the Visible Premises any requested cleaning within one business day after Landlord’s written request therefor, and (e) complete within the Visible Premises any requested repairs, alterations or changes within five business days after Landlord’s written request therefor. Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Project caused by a Tenant Party. If (1) Tenant fails to commence to make such repairs or replacements within 15 days after the occurrence of such damage and thereafter diligently pursue the completion thereof (or, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), or (2) notwithstanding such diligence, Tenant fails to complete such repairs or replacements within 30 days after the occurrence of such damage (or, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), then Landlord may make the same at Tenant’s cost. If any such damage occurs outside of the Premises, or if such damage occurs inside the Premises but affects the Building’s Systems and/or Building’s Structure or any other area outside the Premises, then Landlord may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damage. The actual, reasonable out-of-pocket cost of all maintenance, repair or replacement work performed by Landlord under this Section 8, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has invoiced Tenant therefor.
Appears in 1 contract
Samples: Office Lease (F5 Networks Inc)
Repair and Maintenance by Tenant. Tenant shall maintain keep the Leased Premises in a clean(excluding all Building systems, safestructural elements, load bearing walls (but including paint or wall coverings on all walls), and operable condition, core area restrooms] including all fixtures installed by Tenant in good and tenantable condition and shall not permit promptly make all necessary nonstructural repairs and replacements thereto except those caused by fire or allow to remain any waste or damage to any portion of the Premises. If the Premises include, now or hereafter, one or more floors of other casualty covered by insurance on the Building in their entiretyunder policies naming Master Landlord as the insured, all corridors and restroom facilities located on such full floor(s) shall be considered to be a part of the Premises. Additionally, at Tenant, at its 's sole expense, shall repair, replace under the supervision and maintain in good condition with the approval of Landlord. Said repairs and in accordance with all Laws and the equipment manufacturer’s suggested service programs, all portions of the Premises (excluding the core portion of the Building’s Systems, which replacements shall be maintained by Landlord pursuant equal in quality and class to Section 7.4, and the branch lines original work. Without diminishing such obligation of the plumbing, electrical and HVAC systems, including all duct work, exclusively serving the Premises, which shall be maintained by Landlord at Tenant’s cost and expense) and Tenant’s Off-Premises Equipment, if any, and all areas, improvements and separate systems, e.g., supplemental HVAC systems, if any, exclusively serving the Premises. Notwithstanding any other provision in this Lease to the contrary, with respect to any portion of the Premises visible from any common area inside or outside of the Building (the “Visible Premises”). Tenant shall (a) maintain such Visible Premises and furniture, fixtures and equipment located therein in a neat and first-class condition throughout the Term and any extension thereof, (b) not use the Visible Premises for storage, (c) obtain Landlord’s prior written consent as to the interior paint color, signage, carpeting, furniture and equipment contained in the Visible Premises, (d) complete within the Visible Premises any requested cleaning within one business day after Landlord’s written request therefor, and (e) complete within the Visible Premises any requested repairs, alterations or changes within five business days after Landlord’s written request therefor. Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Project caused by a Tenant Party. If (1) Tenant fails to commence to make such repairs or and replacements within 15 fifteen (15) days after the occurrence of the damage or injury, Landlord may at its option make such repairs and replacements and Tenant shall pay Landlord the cost thereof as additional Rent hereunder upon demand, plus eighteen percent (18%) per annum interest from demand until payment. In addition, Tenant shall pay the cost of repair and replacement due to damage and thereafter diligently pursue or injury done to the completion Building (other than the Leased Premises) or the Land or any part thereof (orby Tenant or Tenant's agents, in the case of an emergency, such shorter period of time as is reasonable given the circumstances)employees, or (2) notwithstanding such diligence, Tenant fails to complete such repairs or replacements within 30 days after the occurrence of such damage (or, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), then Landlord may make the same at Tenant’s costinvitees. If any such damage occurs outside of the Premises, or if such damage occurs inside the Premises but affects the Building’s Systems and/or Building’s Structure or any other area outside the Premises, then Landlord may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damage. The actual, reasonable out-of-pocket cost of all maintenance, repair or replacement work performed by Landlord under this Section 8, in each case plus an administrative fee of 15% of such cost, Such amount shall be paid by Tenant to Landlord as additional Rent hereunder upon demand, plus eighteen percent (18%) per annum interest from demand until payment. In the event that Tenant requests Landlord to perform any maintenance or repairs to the Leased Premises, over and above any of the services required to be performed by Landlord pursuant to Paragraph 10, Tenant shall pay the actual cost thereof, plus an administrative fee equal to 10% of the actual cost thereof, to Landlord within 30 five (5) business days after demand for same. Landlord has invoiced hereby assigns to Tenant thereforall of Landlord's rights relating to Master Landlord's maintenance obligation of the Leased Premises as set forth in the Master Lease. Landlord shall have no obligation to Tenant regarding maintenance of the Leased Premises.
Appears in 1 contract
Samples: Office Sublease (Advancepcs)
Repair and Maintenance by Tenant. Tenant shall maintain Except as otherwise set forth in this Lease, the Premises in a clean, safe, and operable condition, and shall not permit or allow are being leased to remain any waste or damage to any portion of the Premises. If the Premises include, now or hereafter, one or more floors of the Building Tenant in their entirety, all corridors and restroom facilities located on such full floor(s) shall be considered to be a part of the Premises. Additionally, Tenant, at its sole expense, shall repair, replace and maintain in good "as is" condition and in accordance with all Laws and the equipment manufacturer’s suggested service programs, all portions of the Premises without any warranty or representation (excluding the core portion of the Building’s Systems, which shall be maintained by Landlord pursuant to Section 7.4, and the branch lines of the plumbing, electrical and HVAC systems, including all duct work, exclusively serving the Premises, which shall be maintained by Landlord at Tenant’s cost and expense) and Tenant’s Off-Premises Equipment, if any, and all areas, improvements and separate systems, e.g., supplemental HVAC systems, if any, exclusively serving the Premises. Notwithstanding any other provision in this Lease to the contrary, with respect to any portion of the Premises visible from any common area inside expressed or outside of the Building (the “Visible Premises”implied). Tenant shall keep and maintain the Premises and all buildings and improvements thereon and all portions thereof, throughout the Term in good order, condition and repair. Any and all such repairs, replacements, rebuilding, painting, cleaning and maintenance shall be performed at Tenant's sole expense with materials and labor of the kind and quality equal or superior to the original work. Tenant's repair obligations shall also include, without limitation, all roof and structural repairs which the Landlord is not obligated to make pursuant to Paragraph 14. Tenant shall commit no waste, damage or injury to the Premises or any part or system thereof. Tenant further covenants and agrees to surrender the Premises at the expiration of the Term as same may be broom clean and in as good condition as when delivered to Tenant or in such better condition as the Premises may be put during the Term, excepting only deterioration caused by normal and ordinary wear and tear or by fire or other casualty covered by insurance. In the event (a) Tenant fails to promptly repair, replace, rebuild, paint, clean or maintain such Visible the Premises and furnitureor any portion thereof as required, fixtures and equipment located therein in a neat and first-class condition throughout the Term and any extension thereofthereunder, (b) not use Landlord, in the Visible Premises exercise of its reasonable discretion, determines that emergency repairs, replacement, rebuilding, painting, cleaning or maintenance for storage, which Tenant is responsible are necessary or desirable or (c) obtain Landlord’s prior written consent as any repairs, replacement, rebuilding, painting, cleaning or maintenance to the interior paint colorShopping Center or to the Premises are made necessary by any act or omission or negligence of Tenant, signageits agents, carpetingemployees, furniture and equipment contained subtenants, assignees, concessionaires, contractors, invitees, licensees, or visitors, then, in the Visible Premisesany of such events, (d) complete within the Visible Premises Landlord shall be entitled, but not obligated to perform or cause to be performed such repairs, replacement, rebuilding, painting, cleaning, or maintenance without incurring any requested cleaning within one business day after Landlord’s written request thereforliability to Tenant for any damage caused thereby, and (e) complete within the Visible Premises any requested repairs, alterations or changes within five business days after Landlord’s written request therefor. Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Project caused by a Tenant Party. If (1) Tenant fails to commence to make such repairs or replacements within 15 days after the occurrence of such damage and thereafter diligently pursue the completion thereof (or, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), or (2) notwithstanding such diligence, Tenant fails to complete such repairs or replacements within 30 days after the occurrence of such damage (or, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), then Landlord may make the same at Tenant’s cost. If any such damage occurs outside of the Premises, or if such damage occurs inside the Premises but affects the Building’s Systems and/or Building’s Structure or any other area outside the Premises, then Landlord may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damage. The actual, reasonable out-of-pocket cost of all maintenance, repair or replacement work performed by Landlord under this Section 8, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant pay to Landlord within 30 days after Landlord has invoiced Tenant thereforupon demand, as additional rent, the cost thereof.
Appears in 1 contract
Samples: Master Lease Agreement (Cedar Income Fund LTD /Md/)
Repair and Maintenance by Tenant. The terms and conditions of this Article 7 shall not be applicable during the Construction Period. At all times during the Lease Term, subject to Article 8 below, Tenant shall, at Tenant’s own expense, keep all portions of the Premises (excluding the Base Building, as defined in Section 8.2 below,, which shall be maintained by Landlord pursuant to Section 7.2) in good order, repair and condition and in accordance with all Laws and the equipment manufacturer’s suggested service programs, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and instant hot dispensers), and any of Tenant’s Off-Premises Equipment and all areas, improvements and systems exclusively serving the Premises, including the branch lines of the plumbing, electrical and BB HVAC System, including all duct work, Tenant’s HVAC System, and the floor or floors (excluding the structural portions of the floors) of the Building on which the Premises is located. In addition, except as provided in Article 11, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by reasonable wear and tear associated with reasonable, normal and customary use of the item in question that (a) is solely cosmetic in nature and (b) does not impair the function of the item in question for its intended use (“reasonable wear and tear”); provided however, that, at Landlord’s option, or if Tenant fails to commence to make such repairs within ten (10) days of Landlord’s notice or fails thereafter to diligently pursue completion of the same, Landlord may, but need not, make such repairs and replacements, and Tenant shall maintain pay Landlord the Premises in a clean, safe, and operable condition, and shall not permit or allow to remain any waste or damage to any portion cost thereof including two percent (2%) of the Premisescost thereof to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith, within thirty (30) days of being billed for same. If the Premises include, now or hereafter, one or more floors of the Building in their entirety, all corridors and restroom facilities located on such full floor(s) shall be considered to be a part of the Premises. Additionally, Tenant, at its sole expense, shall repair, replace and maintain in good condition and in accordance with all Laws and the equipment manufacturer’s suggested service programs, all portions of the Premises (excluding the core portion of the Building’s Systems, which shall be maintained by Landlord pursuant to Section 7.4, and the branch lines of the plumbing, electrical and HVAC systems, including all duct work, exclusively serving the Premises, which shall be maintained by Landlord at Tenant’s cost and expense) and Tenant’s Off-Premises Equipment, if any, and all areas, improvements and separate systems, e.g., supplemental HVAC systems, if any, exclusively serving the Premises. Notwithstanding any other provision in this Lease to the contrary, with respect to any portion of the Premises visible from any common area inside or outside of the Building (the “Visible Premises”). Tenant shall (a) maintain such Visible Premises and furniture, fixtures and equipment located therein in a neat and first-class condition throughout the Term and any extension thereof, (b) not use the Visible Premises for storage, (c) obtain Landlord’s prior written consent as to the interior paint color, signage, carpeting, furniture and equipment contained in the Visible Premises, (d) complete within the Visible Premises any requested cleaning within one business day after Landlord’s written request therefor, and (e) complete within the Visible Premises any requested repairs, alterations or changes within five business days after Landlord’s written request therefor. Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Project caused by a Tenant Party. If (1) Tenant fails to commence to make such repairs or replacements within 15 days after the occurrence of such damage and thereafter diligently pursue the completion thereof (or, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), or (2) notwithstanding such diligence, Tenant fails to complete such repairs or replacements within 30 days after the occurrence of such damage (or, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), then Landlord may make the same at Tenant’s cost. If any such damage occurs outside of the Premises, or if such damage occurs inside the Premises but affects the Building’s Systems and/or Building’s Structure or any other area outside the Premises, then Landlord may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damage. The actual, reasonable out-of-pocket cost of all maintenance, repair or replacement work performed by Landlord under this Section 8, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has invoiced Tenant therefor.
Appears in 1 contract
Samples: Sublease Agreement (Snowflake Inc.)
Repair and Maintenance by Tenant. (a) Tenant shall maintain keep the Premises including all fixtures and carpet therein in a cleangood and tenantable condition, safe, normal wear and operable conditiontear excepted, and shall not permit promptly make all necessary nonstructural repairs and replacements thereto except those caused by fire or allow to remain any waste or damage to any portion of other casualty covered by insurance on the Premises. If Complex under policies naming Landlord as the Premises include, now or hereafter, one or more floors of the Building in their entiretyinsured, all corridors and restroom facilities located on such full floor(s) shall be considered to be a part of the Premises. Additionally, at Tenant, at its 's sole expense, shall repair, replace under the supervision and maintain in good condition with the approval of Landlord. Said repairs and in accordance with all Laws and the equipment manufacturer’s suggested service programs, all portions of the Premises (excluding the core portion of the Building’s Systems, which replacements shall be maintained by Landlord pursuant in quality and class equal to Section 7.4, and the branch lines original work. Without diminishing such obligation of the plumbing, electrical and HVAC systems, including all duct work, exclusively serving the Premises, which shall be maintained by Landlord at Tenant’s cost and expense) and Tenant’s Off-Premises Equipment, if any, and all areas, improvements and separate systems, e.g., supplemental HVAC systems, if any, exclusively serving the Premises. Notwithstanding any other provision in this Lease to the contrary, with respect to any portion of the Premises visible from any common area inside or outside of the Building (the “Visible Premises”). Tenant shall (a) maintain such Visible Premises and furniture, fixtures and equipment located therein in a neat and first-class condition throughout the Term and any extension thereof, (b) not use the Visible Premises for storage, (c) obtain Landlord’s prior written consent as to the interior paint color, signage, carpeting, furniture and equipment contained in the Visible Premises, (d) complete within the Visible Premises any requested cleaning within one business day after Landlord’s written request therefor, and (e) complete within the Visible Premises any requested repairs, alterations or changes within five business days after Landlord’s written request therefor. Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Project caused by a Tenant Party. If (1) Tenant fails to commence to make such repairs or and replacements within 15 fifteen (15) days after the occurrence of the damage or injury, Landlord may at its option make such damage repair and thereafter diligently pursue Tenant shall pay Landlord for the completion cost thereof within thirty (or, in the case 30) days after receipt of an emergency, such shorter period of time as is reasonable given the circumstances), or (2) notwithstanding such diligenceinvoice. In addition, Tenant fails shall pay the cost of repair and replacement due to complete such repairs damage or replacements within 30 days after injury (except those caused by fire or other casualty covered by insurance on the occurrence of such damage Complex under policies naming Landlord as the insured) done to the Complex (or, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), then Landlord may make the same at Tenant’s cost. If any such damage occurs outside of other than the Premises, or if such damage occurs inside the Premises but affects the Building’s Systems and/or Building’s Structure ) or any other area outside the Premisespart thereof by Tenant or Tenant's agents, then Landlord may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damageemployees or invitees. The actual, reasonable out-of-pocket cost of all maintenance, repair or replacement work performed by Landlord under this Section 8, in each case plus an administrative fee of 15% of such cost, Such amount shall be paid by Tenant to Landlord within 30 thirty (30) days of receipt of an invoice.
(b) Subject to Paragraphs 22, 23 and 24 of this Lease, Tenant shall maintain and repair all supplemental HVAC units, data and phone cabling, and any and all other installations and equipment installed in the Premises, above the acoustical ceiling tiles of the Premises or elsewhere in the Building installed by or on behalf of Tenant and which services only the Premises (such equipment and installations collectively referred to as the "Tenant Service Equipment"). Tenant shall notify Landlord prior to performing any repair, maintenance or replacement of the Tenant Service Equipment and the same shall be performed in accordance with the standards and conditions applicable to maintenance, repairs and replacements performed by Tenant pursuant to Paragraph 12(a). Landlord shall have no liability for any repair, maintenance or replacement cost incurred in connection with the Tenant Service Equipment. Unless otherwise agreed to by Landlord in writing upon the installation of the Tenant Service Equipment, all Tenant Service Equipment shall become property of Landlord at the expiration or earlier termination of the Lease; provided that, if requested by Landlord, Tenant shall remove the Tenant Service Equipment on or before the Expiration Date or, if this Lease is terminated earlier, within seven (7) days after such termination. All removals shall be accomplished in accordance with the standards for removals under Paragraph 11 hereof. Tenant shall indemnify and hold Landlord has invoiced harmless from, and reimburse Landlord for and with respect to, any and all costs, expenses (including reasonable attorneys' fees), claims and causes of action arising from or incurred by and/or asserted in connection with the (i) maintenance, repair, replacement of the Tenant thereforService Equipment and (ii) any damage or injury arising out of or resulting from or in connection with the Tenant Service Equipment.
Appears in 1 contract
Repair and Maintenance by Tenant. (a) Tenant shall maintain keep the Leased Premises and all fixtures installed by or on behalf of Tenant in a clean, safe, good and operable tenantable condition, . Tenant shall promptly make all necessary non-structural repairs and shall not permit replacements thereto except those caused by fire or allow to remain any waste or damage to any portion of other casualty covered by Landlord’s insurance on the Premises. If the Premises include, now or hereafter, one or more floors of the Building in their entiretyBuilding, all corridors and restroom facilities located on such full floor(s) shall be considered to be a part of the Premises. Additionally, Tenant, at its sole expense, shall repair, replace and maintain in good condition and in accordance with all Laws and the equipment manufacturer’s suggested service programs, all portions of the Premises (excluding the core portion of the Building’s Systems, which shall be maintained by Landlord pursuant to Section 7.4, and the branch lines of the plumbing, electrical and HVAC systems, including all duct work, exclusively serving the Premises, which shall be maintained by Landlord at Tenant’s cost expense and expense) with the approval of Landlord. All repairs and Tenant’s Off-Premises Equipment, if anyreplacements must be equal in quality to the original work, and all areas, improvements contractors and separate systems, e.g., supplemental HVAC systemssubcontractors performing such repairs and replacements must comply with the conditions specified in Section 6.02(a) hereinbelow. Without diminishing this obligation of Tenant, if any, exclusively serving the Premises. Notwithstanding any other provision in this Lease to the contrary, with respect to any portion of the Premises visible from any common area inside or outside of the Building (the “Visible Premises”). Tenant shall (a) maintain such Visible Premises and furniture, fixtures and equipment located therein in a neat and first-class condition throughout the Term and any extension thereof, (b) not use the Visible Premises for storage, (c) obtain Landlord’s prior written consent as to the interior paint color, signage, carpeting, furniture and equipment contained in the Visible Premises, (d) complete within the Visible Premises any requested cleaning within one business day after Landlord’s written request therefor, and (e) complete within the Visible Premises any requested repairs, alterations or changes within five business days after Landlord’s written request therefor. Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Project caused by a Tenant Party. If (1) Tenant fails to make or commence to make such making any repairs or and replacements within 15 thirty (30) days after the occurrence of such the damage and thereafter diligently pursue the completion thereof (oror injury, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), or (2) notwithstanding such diligence, Tenant fails to complete such repairs or replacements within 30 days after the occurrence of such damage (or, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), then Landlord may at its option make the same at Tenant’s cost. If any such damage occurs outside of repairs and replacements and Tenant shall pay Landlord on demand as Rent the Premises, or if such damage occurs inside the Premises but affects the Building’s Systems and/or Building’s Structure or any other area outside the Premises, then Landlord may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damage. The actual, reasonable out-of-pocket cost of all maintenance, repair or replacement work performed costs incurred by Landlord under this Section 8, in each case plus an administrative fee equal to fifteen (15) percent of 15% the costs.
(b) Tenant shall pay the cost of such cost, shall be paid repairs and replacements due to damage or injury to the Building or any part thereof caused by any Tenant Party or by any malfunction or misuse of any equipment installed by or on behalf of Tenant. This amount is payable by Tenant to Landlord on demand as Rent, plus interest at the Interest Rate from the date of payment by Landlord until paid by Tenant. If Tenant requests Landlord to perform any maintenance or repairs to the Leased Premises, over and above the services required to be performed by Landlord pursuant to Article IV, Tenant shall pay the actual cost thereof, plus an administrative fee equal to fifteen (15) percent of the actual cost thereof, to Landlord as Rent within 30 five (5) business days after Landlord has invoiced Tenant therefordemand.
Appears in 1 contract
Samples: Lease Agreement (Sigmatel Inc)
Repair and Maintenance by Tenant. Tenant shall maintain the Premises in a clean, safe, and operable condition, and shall not permit or allow to remain any waste or damage to any portion of the Premises. If the Premises include, now or hereafter, one or more floors of the Building in their entirety, all corridors and restroom facilities located on such full floor(s) shall be considered to be a part of the Premises. Additionally, Tenant, at its sole expense, shall repair, replace and maintain in good condition and in accordance with all Laws and the equipment manufacturer’s suggested service programs, all portions of the Premises (excluding the core portion of the Building’s Systems, which shall be maintained by Landlord pursuant to Section 7.4) and Tenant’s Off- Premises Equipment and all areas, improvements and systems exclusively serving the Premises, including the branch lines of the plumbing, electrical and HVAC systems, including all duct work, exclusively serving the Premises, which shall be maintained by Landlord at Tenant’s cost and expense) and Tenant’s Off-Premises Equipment, if any, and all areas, improvements and separate systems, e.g., supplemental HVAC systems, if any, exclusively serving the Premises. Notwithstanding any other provision in this Lease to the contrary, with respect to any portion of the Premises visible from any common area inside or outside of the Building (the “Visible Premises”). Tenant shall (a) maintain such Visible Premises and furniture, fixtures and equipment located therein in a neat and first-class condition throughout the Term and any extension thereof, (b) not use the Visible Premises for storage, (c) obtain Landlord’s prior written consent as to the interior paint color, signage, carpeting, furniture and equipment contained in the Visible Premises, (d) complete within the Visible Premises any requested cleaning within one business day after Landlord’s written request therefor, and (e) complete within the Visible Premises any requested repairs, alterations or changes within five business days after Landlord’s written request therefor. Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Project caused by a Tenant Party. If (1a) Tenant fails to commence to make such repairs or replacements within 15 days after the occurrence of such damage and thereafter diligently pursue the completion thereof (or, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), or (2b) notwithstanding such diligence, Tenant fails to complete such repairs or replacements within 30 days after the occurrence of such damage (or, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), then Landlord may make the same at Tenant’s cost. If any such damage occurs outside of the Premises, or if such damage occurs inside the Premises but affects the Building’s Systems and/or Building’s Structure or any other area outside the Premises, then Landlord may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damage. The actual, reasonable out-of-pocket cost of all maintenance, repair or replacement work performed by Landlord under this Section 8, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has invoiced Tenant therefor.
Appears in 1 contract
Samples: Lease Agreement (Mimecast LTD)
Repair and Maintenance by Tenant. (a) Tenant shall keep the Premises and all fixtures installed by or on behalf of Tenant in good and tenantable condition, ordinary wear and tear, damage by fire, casualty, condemnation and defects excepted (which defects Landlord is required to repair pursuant to Paragraph M of Exhibit C). Landlord represents and warrants to Tenant that all items which Tenant is required to maintain and repair under this Lease shall be in good working condition as of the Commencement Date. The provisions of this Section 13(a) shall not be construed to obligate Tenant to keep, maintain or repair the Premises in a clean, safe, and operable condition, and shall not permit or allow to remain any waste or damage to any portion better condition than existed on the Commencement Date of the Premises. If the Premises include, now or hereafter, one or more floors of the Building in their entirety, all corridors and restroom facilities located on such full floor(s) shall be considered to be a part of the Premises. Additionally, Tenant, at its sole expense, shall repair, replace and maintain in good condition and in accordance with all Laws and the equipment manufacturer’s suggested service programs, all portions of the Premises (excluding the core portion of the Building’s Systems, which shall be maintained by Landlord pursuant to Section 7.4, and the branch lines of the plumbing, electrical and HVAC systems, including all duct work, exclusively serving the Premises, which shall be maintained by Landlord at Tenant’s cost and expense) and Tenant’s Off-Premises Equipment, if any, and all areas, improvements and separate systems, e.g., supplemental HVAC systems, if any, exclusively serving the Premisesthis Lease. Notwithstanding any other provision anything in this the Lease to the contrary, with respect Tenant shall have no obligation to repair or replace any portion major component of the Premises visible from any common area inside or outside of the Building (the “Visible Premises”including, without limitation, heating and air conditioning compressors and condensers). Tenant shall (a) maintain such Visible Premises and furniture, fixtures and equipment located therein in a neat and first-class condition throughout the Term and any extension thereof, (b) not use the Visible Premises for storage, (c) obtain Landlord’s prior written consent as to the interior paint color, signage, carpeting, furniture and equipment contained in the Visible Premises, (d) complete within the Visible Premises any requested cleaning within one business day after Landlord’s written request therefor, and (e) complete within the Visible Premises any requested repairs, alterations or changes within five business days after Landlord’s written request therefor. Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage or condition due to the Project or caused by a Tenant Partyreasonable wear and tear, depreciation and obsolescence, or damage caused by fire, tornado or other casualty or by any condemning authority, the negligence or intentional acts or omissions of Landlord, or Landlord's failure to make repairs required of it hereunder, or defective design or construction. If (1) Tenant fails to commence In such case, Landlord shall proceed with due diligence to make such repairs or replacements, at its sole cost and expense, and the Lease shall continue in full force and effect. Tenant shall promptly make all necessary non-structural repairs and replacements thereto except those caused by fire or other casualty covered by Landlord's insurance on the Project all at Tenant's expense, under the supervision and with the approval of Landlord. All repairs and replacements must be equal in quality and class to the original work. Without diminishing this obligation of Tenant, if Tenant fails to make any repairs and replacements within 15 5 days after the occurrence of such the damage and thereafter diligently pursue the completion thereof or injury (orprovided, that, in the case of event such failure cannot reasonably be cured by Tenant within such five (5) day period, Tenant shall have an emergency, such shorter additional period of time as is reasonable given under the circumstancescircumstances for Tenant to cure said default provided that Tenant has commenced the cure and at all times diligently pursues said cure), or Landlord may at its option make the repairs and replacements and Tenant shall pay Landlord within thirty (230) notwithstanding such diligencedays after Landlord's written demand as additional Rent the actual costs incurred by Landlord, Tenant fails to complete such repairs or replacements within 30 plus the prime rate per annum interest from the date which is twenty (20) days after the occurrence date of such payment by Landlord.
(b) Tenant shall pay the cost of repairs and replacements due to damage (or, in or injury to the case of an emergency, such shorter period of time as is reasonable given the circumstances), then Landlord may make the same at Tenant’s cost. If any such damage occurs outside of the Premises, or if such damage occurs inside the Premises but affects the Building’s Systems and/or Building’s Structure Project or any other area outside the Premisespart thereof caused by any Tenant Party, then Landlord may elect to repair such ordinary wear and tear, damage at Tenant’s expenseby fire, rather than having Tenant repair such damagecasualty, condemnation and defects excepted. The actual, reasonable out-of-pocket cost of all maintenance, repair or replacement work performed by Landlord under this Section 8, in each case plus an administrative fee of 15% of such cost, shall be paid This amount is payable by Tenant to Landlord within 30 thirty (30) days after Landlord's written demand as additional Rent plus the prime rate per annum interest from date which is twenty (20) days after the date of payment by Landlord. If Tenant requests Landlord has invoiced to perform any maintenance or repairs to the Premises, over and above the services required to be performed by Landlord pursuant to Paragraph 7, Tenant thereforshall pay the actual cost thereof, plus an administrative fee equal to 5% of the actual cost thereof, to Landlord as additional Rent within thirty (30) days after written demand.
(c) Landlord shall, at Landlord's sole cost and expense, make all necessary repairs, maintenance and replacements to the Project, the Premises (except as expressly set forth in Section 13(a) and (b) above), the Building and the Common Areas, including the exterior walls, roof, glass, doors, exterior doors, windows, corridors, foundation, floor slabs, load-bearing columns, other structural components, the mechanical and electrical systems and equipment (pipes, fixtures, electrical wiring, breakers and switches), bathrooms, exterior lighting, landscaping and other common areas of the Building as may be necessary to keep such items in good working order, condition and repair and in serviceable condition consistent with Comparable Buildings, and Landlord shall keep the Building in a clean and neat condition and shall keep all equipment used in common with other tenants, such as elevators, plumbing, heating, air-conditioning and similar equipment, in good condition and repair consistent with Comparable Buildings.
Appears in 1 contract
Samples: Office Lease (Denbury Resources Inc)
Repair and Maintenance by Tenant. Tenant shall maintain the Premises in a clean, safe, and operable condition, and shall not permit or allow to remain any waste or damage to any portion of the Premises. If the Premises include, now or hereafter, one or more floors of the Building in their entirety, all corridors and restroom facilities located on such full floor(s) shall be considered to be a part of the Premises. Additionally, Tenant, at its sole expense, shall repair, replace and maintain in good condition and in accordance with all Laws and the equipment manufacturer’s suggested service programs, all portions of the Premises (excluding the core portion of the Building’s Systems, which shall be maintained by Landlord pursuant to Section 7.4) and Tenant’s Off-Premises Equipment and all areas, improvements and systems exclusively serving the Premises, including the branch lines of the plumbing, electrical and HVAC systems, including all duct work, exclusively serving and Tenant shall utilize all of the Premises, which shall be maintained by Landlord at Tenant’s cost foregoing items in accordance with the applicable design specifications and expense) and Tenant’s Off-Premises Equipment, if any, and all areas, improvements and separate systems, e.g., supplemental HVAC systems, if any, exclusively serving the Premisescapacities. Notwithstanding any other provision in this Lease to the contrary, with respect to any portion of the Premises visible from any common area inside or outside of the Building (the “Visible Premises”). , Tenant shall (a) • maintain such Visible Premises and Premises, including the furniture, fixtures fixtures, equipment and equipment improvements located therein in a neat and first-class condition throughout the Term and any extension thereof, (b) • not use the Visible Premises for storage, (c) • obtain Landlord’s prior written consent as to the interior paint color, signage, displays, carpeting, furniture furniture, fixtures and equipment contained in the Visible Premises, (d) • complete within the Visible Premises any requested cleaning within one business day after Landlord’s written request therefor, and (e) • complete within the Visible Premises any requested repairs, alterations or changes within five ten business days after Landlord’s written request therefor, or within such additional time period as may be reasonably necessary to complete such repair, alteration or change, not to exceed 45 days. Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Project caused by a Tenant Party. If (1) Tenant fails to commence to make such repairs or replacements within 15 days after the occurrence of such damage and thereafter diligently pursue the completion thereof (or, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), or (2) notwithstanding such diligence, Tenant fails to complete such repairs or replacements within 30 days after the occurrence of such damage (or, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), then Landlord may make the same at Tenant’s cost. If any such damage occurs outside of the Premises, or if such damage occurs inside the Premises but affects the Building’s Systems and/or Building’s Structure or any other area outside the Premises, then Landlord may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damage. If Tenant fails to commence to make such repairs or replacements within 15 days after the occurrence of such damage and thereafter diligently pursue the completion thereof (or, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), or notwithstanding such diligence, Tenant fails to complete such repairs or replacements within 30 days after the occurrence of such damage (or, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), or within such additional time period up to an additional 30 days, as may be reasonably necessary to complete such repair or replacement, then Landlord may make the same at Tenant’s cost. The actual, reasonable out-of-pocket cost of all maintenance, repair or replacement work performed by Landlord under this Section 8, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has invoiced Tenant therefor.
Appears in 1 contract