Common use of Repair and Maintenance Clause in Contracts

Repair and Maintenance. Except for work that Section 10.03 or Article 12 requires Landlord to do, Tenant at its sole cost and expense shall keep the Premises including without limitation all elevators; elevator shafts; heating, ventilation and air conditioning equipment; fixtures, systems and equipment of any type serving the Premises, and now or hereafter on the Premises, or elsewhere serving the Premises, in good order, condition and repair (and at least as good order, condition and repair as they are in on the Commencement Date or may be put in during the Term), normal wear and tear, casualty and condemnation (to the extent the responsibility of Landlord pursuant to Article 12 hereof) excepted; shall keep in a safe, secure and sanitary condition all trash and rubbish temporarily stored at the Premises; and shall make all repairs and replacements and do all other work necessary for the foregoing purposes whether the same may be ordinary or extraordinary, foreseen or unforeseen. The foregoing shall include without limitation Tenant’s obligation to repair, maintain, and replace floors and floor coverings, to paint and repair walls and doors, to replace and repair all glass in windows and doors of the Buildings (except glass in the exterior walls of the Buildings and in exterior doors), ceiling tiles, lights and light fixtures, pipes, conduits, wires, drains and the like in the Premises and to make as and when needed as a result of misuse by, or neglect or improper conduct of Tenant or any Tenant Party or otherwise, all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall secure, pay for, and keep in force third-party maintenance and service contracts with appropriate and reputable service companies approved by Landlord (such approval not to be unreasonably withheld, conditioned or delayed) providing for the regular maintenance of all elevators, elevator shafts, heating, ventilation and air conditioning equipment, Building systems, the Building life safety system including the emergency generator connected to the Building life safety system and the fire command center; and other elements of the Premises within Tenant’s repair and maintenance responsibility that landlords of Comparable Properties typically service by use of third-party service companies (collectively, the “Service Contracts”), copies of which shall be provided to Landlord, and Tenant shall provide to Landlord in a timely manner such periodic inspection reports (but no less frequently than annually) as are prepared by the service providers under the Service Contracts. Without limitation, Tenant shall be responsible for heating, ventilating and air-conditioning systems to the extent exclusively serving the Premises and Utility Services serving the Premises from the Utility Switching Points. If anything required pursuant to this Section 10.04(a) to be repaired cannot be fully repaired or restored, Tenant upon prior notice to Landlord shall replace it at Tenant’s cost, even if the benefit or useful life of such replacement extends beyond the Term provided, however that if, in the last three years of the Term, (i) the replacement has been approved in advance and in writing by Landlord, not to be unreasonably withheld, and (ii) the property subject to replacement will become the property of Landlord pursuant to the terms of this Lease at the conclusion of the Term, then within ninety (90) days after the expiration of the Term, Landlord shall reimburse Tenant for the unamortized portion of the capital replacement calculated as follows: upon receipt of notice from Tenant of the need for such capital replacement, Landlord and Tenant shall cooperate to determine the estimated cost of such replacement. The actual cost of the replacement, as documented by Tenant and subject to Landlord’s approval (which shall not be unreasonably withheld), shall be amortized over the useful life of such replacement as reasonably determined by Landlord on a straight line basis together with interest at the prime interest rate from time to time announced by Bank of America (or any successor financial institution). Tenant shall transfer to Landlord all of its rights and interests in any warranties, together with copies of the same, related to said replacement at the conclusion or earlier expiration of the Term. Tenant acknowledges that Landlord has the right, but not the obligation, to reduce the amount payable at the conclusion of the Term to Tenant pursuant to this paragraph by any amounts of Rent then due and payable to Landlord. Tenant shall hire its own cleaning contractor for the Premises. Notwithstanding anything to the contrary in this Lease, it is expressly understood and agreed that Landlord shall have no liability or responsibility for the storage, containment or disposal of any Hazardous Substances generated, stored or contained by Tenant, Tenant hereby agreeing to store, contain and dispose of any and all such Hazardous Substances at Tenant’s sole cost and expense in accordance with the provisions of Article 9 hereof. Tenant acknowledges that the Parking Garage is open to the general public and that access to the Parking Garage must be maintained open to the public through the main Building lobby and the common stairways and stairwells providing access to the Parking Garage from the lobby at all times during the Term, subject to matters described in Article 12. Stairways and stairwells and elevators serving the Parking Garage shall be differentiated and secured from stairways, stairwells and elevators serving the Building so that there is no direct access from the Parking Garage to the upper floors of the Building without entering the lobby. Notwithstanding anything to the contrary herein, such lobby shall be maintained by Tenant in a condition consistent with main building lobbies in Class A office buildings in the Seaport District of the City of Boston, Massachusetts.

Appears in 6 contracts

Samples: Lease Agreement (Vertex Pharmaceuticals Inc / Ma), Lease Agreement (Vertex Pharmaceuticals Inc / Ma), Lease Agreement (Senior Housing Properties Trust)

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Repair and Maintenance. Except for work that Section 10.03 or as otherwise provided in Article 12 requires Landlord VI, to do, Tenant at its sole cost and expense shall keep the Premises including including, without limitation limitation, all elevators; elevator shafts; heating, ventilation and air conditioning equipment; fixtures, systems fixtures and equipment of any type serving the Premises, and now or hereafter on the Premises, or elsewhere exclusively serving the Premises, but excluding the exterior (exclusive of glass and doors) and structural elements of the Building and the grounds of the Lot, which Landlord shall maintain and repair unless such repairs are required because of Tenant's willful misconduct or negligence, in good order, condition and repair (and at least as good order, condition and repair as they are in on the Commencement Date or may be put in during the Term), normal wear reasonable use and tearwear, damages by fire or other insurable casualty or eminent domain, and condemnation (to the extent the responsibility any damage directly caused by failure of Landlord pursuant to Article 12 hereof) perform any of its obligations only excepted; shall to keep in a safe, secure and sanitary condition all trash and rubbish temporarily stored at the Premises; and shall to make all repairs and replacements and to do all other work necessary for the foregoing purposes whether the same may be ordinary or extraordinary, foreseen or unforeseen. The foregoing Unless otherwise agreed to by Landlord and Tenant, Tenant shall include without limitation Tenant’s obligation be responsible for Utility Services systems serving the Premises to repair, maintainthe extent that such systems are not a part of Base Building Improvements, and replace floors and floor coverings, to paint and repair walls and doors, to replace and repair all glass in windows and doors of the Buildings (except glass in the exterior walls of the Buildings and in exterior doors), ceiling tiles, lights and light fixtures, pipes, conduits, wires, drains and the like in the Premises and to make as and when needed as a result of misuse by, or neglect or improper conduct of Tenant or any Tenant Party or otherwise, all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall secure, pay for, for and keep in force third-party maintenance and service contracts with appropriate and reputable service companies approved by Landlord (such approval not to be unreasonably withheld, conditioned or delayed) providing for the regular maintenance of all elevators, elevator shafts, the heating, ventilation and air conditioning equipment, Building systems, the Building life safety system including the emergency generator connected to the Building life safety system and the fire command center; and other elements of the Premises within Tenant’s repair and maintenance responsibility that landlords of Comparable Properties typically service by use of third-party service companies (collectively, the “Service Contracts”), copies of which shall be provided to Landlord, and Tenant shall provide to Landlord in a timely manner such periodic inspection reports (but no less frequently than annually) as are prepared by the service providers under the Service Contracts. Without limitation, Tenant shall be responsible for heating, ventilating and air-conditioning utility systems to the extent exclusively serving the Premises to the extent that such systems are not a part of Base Building Improvements, and Utility Services serving the Premises from the Utility Switching Points. If anything required pursuant to this Section 10.04(a) to be repaired cannot be fully repaired or restored, Tenant upon prior notice to Landlord shall replace it at Tenant’s cost, even if the benefit or useful life copies of such replacement extends beyond the Term provided, however that if, in the last three years of the Term, (i) the replacement has been approved in advance and in writing by Landlord, not to be unreasonably withheld, and (ii) the property subject to replacement will become the property of Landlord pursuant to the terms of this Lease at the conclusion of the Term, then within ninety (90) days after the expiration of the Term, Landlord shall reimburse Tenant for the unamortized portion of the capital replacement calculated as follows: upon receipt of notice from Tenant of the need for such capital replacement, Landlord and Tenant shall cooperate to determine the estimated cost of such replacement. The actual cost of the replacement, as documented by Tenant and subject to Landlord’s approval (which shall not be unreasonably withheld), contracts shall be amortized over the useful life of such replacement as reasonably determined by Landlord on a straight line basis together with interest at the prime interest rate from time to time announced by Bank of America (or any successor financial institution). Tenant shall transfer to Landlord all of its rights and interests in any warranties, together with copies of the same, related to said replacement at the conclusion or earlier expiration of the Term. Tenant acknowledges that Landlord has the right, but not the obligation, to reduce the amount payable at the conclusion of the Term to Tenant pursuant to this paragraph by any amounts of Rent then due and payable furnished to Landlord. Tenant shall hire its own cleaning contractor for the Premises. Notwithstanding anything to the contrary in this Lease, it It is expressly understood and further agreed that Landlord the exception of reasonable use and wear shall have no liability or responsibility for not apply so as to permit Tenant to keep the storagePremises in anything less than suitable, containment or disposal tenantlike, and efficient and usable condition considering the nature of any Hazardous Substances generated, stored or contained by Tenant, Tenant hereby agreeing to store, contain and dispose of any and all such Hazardous Substances at Tenant’s sole cost and expense in accordance with the provisions of Article 9 hereof. Tenant acknowledges that the Parking Garage is open to the general public and that access to the Parking Garage must be maintained open to the public through the main Building lobby Premises and the common stairways use reasonably made thereof, or in less than good and stairwells providing access to the Parking Garage from the lobby at all times during the Term, subject to matters described in Article 12. Stairways and stairwells and elevators serving the Parking Garage shall be differentiated and secured from stairways, stairwells and elevators serving the Building so that there is no direct access from the Parking Garage to the upper floors of the Building without entering the lobby. Notwithstanding anything to the contrary herein, such lobby shall be maintained by Tenant in a condition consistent with main building lobbies in Class A office buildings in the Seaport District of the City of Boston, Massachusettstenantlike repair.

Appears in 3 contracts

Samples: Lease Agreement (Genzyme Corp), Lease (BioMed Realty Trust Inc), Lease Agreement (Genzyme Corp)

Repair and Maintenance. Except for work that Section 10.03 or Article 12 requires Landlord to dodo and subject to Section 16.09, Tenant Tenant, at its sole cost and expense expense: shall keep the Premises (including without limitation all elevators; elevator shafts; heatingInitial Tenant Work, ventilation other Tenant Work, Tenant Property, and air conditioning equipment; all fixtures, systems and equipment of any type serving the Premises, and now or hereafter on the Premises, Premises or elsewhere serving that exclusively serve the Premises regardless of whether or not the same are part of a Building System), together with any interior windows, doors, interior plate glass, and the inner surfaces of walls within the Premises, in good order, condition and repair (and at least as good order, condition and repair as they are in on the Commencement Delivery Date or may be thereafter put in during the Term), normal reasonable wear and tear, damage caused by fire, other casualty or taking (which is dealt with below) and condemnation (to damage caused by the extent the responsibility negligence or willful misconduct of Landlord pursuant to Article 12 hereof) Landlord, Landlord’s agents, employees, or contractors excepted; shall keep in a safe, secure and sanitary condition all trash and rubbish temporarily stored at the Premises; and shall make all repairs and replacements and do all other work necessary for the foregoing purposes purposes, whether the same may be ordinary or extraordinary, foreseen or unforeseen. The foregoing Without limitation, Tenant shall include without limitation Tenant’s obligation to repairbe responsible for the maintenance, maintainrepair and replacement of all plumbing, heating, ventilating and air-conditioning systems and other mechanical systems (whether or not part of the Building Systems) wherever located that exclusively serve the Premises, and replace floors and floor coverings, to paint and repair walls and doors, to replace and repair all glass in windows and doors of the Buildings (except glass in the exterior walls of the Buildings and in exterior doors), ceiling tiles, lights and light fixtures, pipes, conduits, wires, drains and the like in the Premises and to make as and when needed as a result of misuse by, or neglect or improper conduct of Tenant or any Tenant Party or otherwise, all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall secure, pay for, and keep in force third-party maintenance and service contracts with appropriate and reputable service companies approved by Landlord (such which approval shall not to be unreasonably withheld, conditioned or delayed) providing for the regular maintenance of all elevators, elevator shafts, heating, ventilation and air conditioning equipment, Building systems, the Building life safety system including the emergency generator connected to the Building life safety system and the fire command center; and other elements of the Premises within Tenant’s repair and maintenance responsibility that landlords of Comparable Properties typically service by use of third-party service companies (collectively, the “Service Contracts”), copies of which shall be provided to Landlord, and Tenant shall provide to Landlord in a timely manner such periodic inspection reports (but no less frequently than annually) as are prepared by the service providers under the Service Contracts. Without limitation, Tenant shall be responsible for heating, ventilating and air-conditioning systems to the extent that such systems exclusively serving the Premises and Utility Services serving the Premises from the Utility Switching Points. If anything required pursuant to this Section 10.04(a) to be repaired cannot be fully repaired or restored, Tenant upon prior notice to Landlord shall replace it at Tenant’s cost, even if the benefit or useful life of such replacement extends beyond the Term provided, however that if, in the last three years of the Term, (i) the replacement has been approved in advance and in writing by Landlord, not to be unreasonably withheld, and (ii) the property subject to replacement will become the property of Landlord pursuant to the terms of this Lease at the conclusion of the Term, then within ninety (90) days after the expiration of the Term, Landlord shall reimburse Tenant for the unamortized portion of the capital replacement calculated as follows: upon receipt of notice from Tenant of the need for such capital replacement, Landlord and Tenant shall cooperate to determine the estimated cost of such replacement. The actual cost of the replacement, as documented by Tenant and subject to Landlord’s approval (which shall not be unreasonably withheld), shall be amortized over the useful life of such replacement as reasonably determined by Landlord on a straight line basis together with interest at the prime interest rate from time to time announced by Bank of America (or any successor financial institution). Tenant shall transfer to Landlord all of its rights and interests in any warranties, together with copies of the same, related to said replacement at the conclusion or earlier expiration of the Term. Tenant acknowledges that Landlord has the right, but not the obligation, to reduce the amount payable at the conclusion of the Term to Tenant pursuant to this paragraph by any amounts of Rent then due and payable to Landlord. Tenant shall hire its own cleaning contractor for serve the Premises. Notwithstanding anything All repairs and replacements required to be made by Tenant hereunder shall be equal in quality and class to the contrary original work. No storage shall be permitted outside of the Premises except as otherwise expressly provided in this Lease, it is expressly understood and agreed that Landlord shall have no liability or responsibility for . Storage inside the storage, containment or disposal of any Hazardous Substances generated, stored or contained by Tenant, Tenant hereby agreeing to store, contain and dispose of any and all such Hazardous Substances at Tenant’s sole cost and expense in accordance with the provisions of Article 9 hereof. Tenant acknowledges that the Parking Garage is open to the general public and that access to the Parking Garage must be maintained open to the public through the main Building lobby and the common stairways and stairwells providing access to the Parking Garage from the lobby at all times during the Term, subject to matters described in Article 12. Stairways and stairwells and elevators serving the Parking Garage Premises shall be differentiated and secured from stairways, stairwells and elevators serving the Building so that there is no direct access from the Parking Garage to the upper floors of the Building without entering the lobby. Notwithstanding anything to the contrary herein, such lobby shall be maintained by Tenant provided in a condition consistent with main building lobbies in Class A office buildings in manner not visible from outside the Seaport District of the City of Boston, MassachusettsPremises.

Appears in 2 contracts

Samples: Lease (C4 Therapeutics, Inc.), Lease (C4 Therapeutics, Inc.)

Repair and Maintenance. Except for work that Section 10.03 or Article 12 requires Landlord to dodo and subject to Section 16.09, Tenant Tenant, at its sole cost and expense expense: shall keep the Premises (including without limitation all elevators; elevator shafts; heatingInitial Tenant Work, ventilation other Tenant Work, Tenant Property, and air conditioning equipment; all fixtures, systems and equipment of any type serving the Premises, and now or hereafter on the Premises, Premises or elsewhere serving that exclusively serve the Premises regardless of whether or not the same are part of a Building System), together with any Limited Common Elements (or portions thereof) with respect to which Tenant has exclusive rights, and any interior windows, interior doors, interior plate glass, and the inner surfaces of walls within the Premises, in good order, condition and repair (and at least as good order, condition and repair as they are in on the Commencement Delivery Date or may be thereafter put in during the Term), normal reasonable wear and tear, damage caused by fire, other casualty or taking (which is dealt with below) and condemnation (to damage caused by the extent the responsibility negligence or willful misconduct of Landlord pursuant to Article 12 hereof) Landlord, Landlord’s agents, employees, or contractors excepted; shall keep in a safe, secure and sanitary condition all trash and rubbish temporarily stored at the Premises; and shall make all repairs and replacements and do all other work necessary for the foregoing purposes purposes, whether the same may be ordinary or extraordinary, foreseen or unforeseen. The foregoing Without limitation, Tenant shall include without limitation Tenant’s obligation to repairbe responsible for the maintenance, maintainrepair and replacement of all plumbing, heating, ventilating and air-conditioning systems and other mechanical systems (whether or not part of the Building Systems) wherever located that exclusively serve the Premises, and replace floors and floor coverings, to paint and repair walls and doors, to replace and repair all glass in windows and doors of the Buildings (except glass in the exterior walls of the Buildings and in exterior doors), ceiling tiles, lights and light fixtures, pipes, conduits, wires, drains and the like in the Premises and to make as and when needed as a result of misuse by, or neglect or improper conduct of Tenant or any Tenant Party or otherwise, all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall secure, pay for, and keep in force third-party maintenance and service contracts with appropriate and reputable service companies approved by Landlord (such which approval shall not to be unreasonably withheld, conditioned or delayed) providing for the regular maintenance of all elevators, elevator shafts, heating, ventilation and air conditioning equipment, Building systems, the Building life safety system including the emergency generator connected to the Building life safety system and the fire command center; and other elements of the Premises within Tenant’s repair and maintenance responsibility that landlords of Comparable Properties typically service by use of third-party service companies (collectively, the “Service Contracts”), copies of which shall be provided to Landlord, and Tenant shall provide to Landlord in a timely manner such periodic inspection reports (but no less frequently than annually) as are prepared by the service providers under the Service Contracts. Without limitation, Tenant shall be responsible for heating, ventilating and air-conditioning systems to the extent that such systems exclusively serving the Premises and Utility Services serving the Premises from the Utility Switching Points. If anything required pursuant to this Section 10.04(a) to be repaired cannot be fully repaired or restored, Tenant upon prior notice to Landlord shall replace it at Tenant’s cost, even if the benefit or useful life of such replacement extends beyond the Term provided, however that if, in the last three years of the Term, (i) the replacement has been approved in advance and in writing by Landlord, not to be unreasonably withheld, and (ii) the property subject to replacement will become the property of Landlord pursuant to the terms of this Lease at the conclusion of the Term, then within ninety (90) days after the expiration of the Term, Landlord shall reimburse Tenant for the unamortized portion of the capital replacement calculated as follows: upon receipt of notice from Tenant of the need for such capital replacement, Landlord and Tenant shall cooperate to determine the estimated cost of such replacement. The actual cost of the replacement, as documented by Tenant and subject to Landlord’s approval (which shall not be unreasonably withheld), shall be amortized over the useful life of such replacement as reasonably determined by Landlord on a straight line basis together with interest at the prime interest rate from time to time announced by Bank of America (or any successor financial institution). Tenant shall transfer to Landlord all of its rights and interests in any warranties, together with copies of the same, related to said replacement at the conclusion or earlier expiration of the Term. Tenant acknowledges that Landlord has the right, but not the obligation, to reduce the amount payable at the conclusion of the Term to Tenant pursuant to this paragraph by any amounts of Rent then due and payable to Landlord. Tenant shall hire its own cleaning contractor for serve the Premises. Notwithstanding anything All repairs and replacements required to be made by Tenant hereunder shall be equal in quality and class to the contrary original work. No storage shall be permitted outside of the Premises except as otherwise expressly provided in this Lease, it is expressly understood and agreed that Landlord shall have no liability or responsibility for . Storage inside the storage, containment or disposal of any Hazardous Substances generated, stored or contained by Tenant, Tenant hereby agreeing to store, contain and dispose of any and all such Hazardous Substances at Tenant’s sole cost and expense in accordance with the provisions of Article 9 hereof. Tenant acknowledges that the Parking Garage is open to the general public and that access to the Parking Garage must be maintained open to the public through the main Building lobby and the common stairways and stairwells providing access to the Parking Garage from the lobby at all times during the Term, subject to matters described in Article 12. Stairways and stairwells and elevators serving the Parking Garage Premises shall be differentiated and secured from stairways, stairwells and elevators serving the Building so that there is no direct access from the Parking Garage to the upper floors of the Building without entering the lobby. Notwithstanding anything to the contrary herein, such lobby shall be maintained by Tenant provided in a condition consistent with main building lobbies in Class A office buildings in manner not visible from outside the Seaport District of the City of Boston, MassachusettsPremises.

Appears in 2 contracts

Samples: Lease Agreement (Vigil Neuroscience, Inc.), Lease Agreement (Vigil Neuroscience, Inc.)

Repair and Maintenance. Except for work that Section 10.03 or Article 12 requires Landlord to do, Tenant at its sole cost and expense shall keep To maintain the Premises including without limitation all elevators; elevator shafts; heating, ventilation in neat order and air conditioning equipment; fixtures, systems and equipment of any type serving the Premises, and now or hereafter on the Premises, or elsewhere serving the Premises, in good order, condition and repair (and at least to perform all necessary repairs to the interior of the Premises and to promptly notify Landlord of any required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, condition appearance and repair condition, as they are in on the Commencement Date or case may be put in during the Term)require, normal reasonable wear and tear, tear thereof and damage by fire or by casualty and condemnation (to the extent the responsibility of Landlord pursuant to Article 12 hereof) only excepted; shall to keep in a safe, secure and sanitary condition all trash and rubbish temporarily stored at the Premises; and shall make all repairs and replacements and do all other work necessary for the foregoing purposes whether the same may be ordinary or extraordinary, foreseen or unforeseen. The foregoing shall include without limitation Tenant’s obligation to repair, maintain, and replace floors and floor coverings, to paint and repair walls and doors, to replace and repair all glass in windows and doors of the Buildings Premises (except glass in the exterior walls of the Buildings Building) whole and in exterior doors), ceiling tiles, lights and light fixtures, pipes, conduits, wires, drains and good condition with glass of the like in the Premises same quality as that damaged or broken; and to make as and when needed as a result of misuse by, or neglect or improper conduct of Tenant or any Tenant’s servants, contractors, employees, agents, invitees or licensees (collectively, “Tenant Party or otherwiseParties”), all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall securepay Landlord, pay foras Additional Rent, the cost of any repairs to the freight elevator and keep in force third-party maintenance and service contracts with appropriate and reputable service companies approved by Landlord (such approval not to be unreasonably withheld, conditioned or delayed) providing for the regular maintenance of all elevators, elevator shaftsany plumbing, heating, ventilation and air conditioning equipmentelectrical, Building systems, the Building life safety system including the emergency generator connected to the Building life safety system and the fire command center; and other elements of the Premises within Tenant’s repair and maintenance responsibility that landlords of Comparable Properties typically service by use of third-party service companies (collectively, the “Service Contracts”), copies of which shall be provided to Landlord, and Tenant shall provide to Landlord in a timely manner such periodic inspection reports (but no less frequently than annually) as are prepared by the service providers under the Service Contracts. Without limitation, Tenant shall be responsible for heating, ventilating and air-conditioning systems to the extent exclusively serving the Premises Premises. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant hereunder and Utility Services serving the Premises from the Utility Switching Points. If anything required pursuant to this Section 10.04(a) to be repaired cannot be fully repaired or restored, Tenant upon prior notice to Landlord shall replace it Tenant, may elect, at the expense of Tenant, to perform all such cleaning and maintenance and to make any such repairs or to repair any damage or injury to the Building or the Premises caused by moving personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s costservants, even if employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the benefit or useful life Landlord subject to reimbursement by Tenant through Tenant’s Percentage of such replacement extends beyond the Term providedBuilding Operating Expenses, provided however that if, in the last three years any repairs necessitated as a result of the Term, (i) the replacement has been approved in advance and in writing by Landlord, not to be unreasonably withheld, and (ii) the property subject to replacement will become the property gross negligence or willful misconduct of Landlord pursuant to the terms of this Lease at the conclusion of the Term, then within ninety (90) days after the expiration of the Term, Landlord shall reimburse Tenant for the unamortized portion of the capital replacement calculated as follows: upon receipt of notice from or Tenant of the need for such capital replacement, Landlord and Tenant shall cooperate to determine the estimated cost of such replacement. The actual cost of the replacement, as documented by Tenant and subject to Landlord’s approval (which shall not be unreasonably withheld), Parties shall be amortized over the useful life of such replacement as reasonably determined by Landlord on a straight line basis together with interest at the prime interest rate from time to time announced by Bank of America (or any successor financial institution). Tenant shall transfer to Landlord all of its rights and interests in any warranties, together with copies of the same, related to said replacement at the conclusion or earlier expiration of the Term. Tenant acknowledges that Landlord has the right, but not the obligation, to reduce the amount payable at the conclusion of the Term to Tenant pursuant to this paragraph by any amounts of Rent then due and payable to Landlord. Tenant shall hire its own cleaning contractor for the Premises. Notwithstanding anything to the contrary in this Lease, it is expressly understood and agreed that Landlord shall have no liability or responsibility for the storage, containment or disposal of any Hazardous Substances generated, stored or contained by Tenant, Tenant hereby agreeing to store, contain and dispose of any and all such Hazardous Substances performed at Tenant’s sole cost and expense in accordance with the provisions of Article 9 hereofexpense. Tenant acknowledges that shall be responsible, at Tenant’s sole cost and expense, for all janitorial services required within the Parking Garage is open Premises. Notwithstanding any provision of this Lease to the general public and that access contrary, (i) capital repairs or replacements to the Parking Garage must freight elevator shall be maintained open made by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance to the public through the main Building lobby and the common stairways and stairwells providing access to the Parking Garage from the lobby at all times during the Term, subject to matters described in Article 12. Stairways and stairwells and elevators serving the Parking Garage freight elevator that are not capital repairs or replacements shall be differentiated and secured from stairways, stairwells and elevators serving the Building so that there is no direct access from the Parking Garage directly billed to the upper floors of the Building without entering the lobby. Notwithstanding anything to the contrary herein, such lobby shall be maintained by Tenant in a condition consistent with main building lobbies in Class A office buildings in the Seaport District of the City of Boston, MassachusettsTenant.

Appears in 2 contracts

Samples: Lease Agreement (Akouos, Inc.), Lease Agreement (Akouos, Inc.)

Repair and Maintenance. Except for work that Section 10.03 or Article 12 requires Landlord to do, Tenant at its At Tenant’s sole cost and expense shall expense, to maintain and keep the Premises including without limitation all elevators; elevator shafts; heatingin good order and condition, ventilation to contract for the provision of regular cleaning, janitorial and air conditioning equipment; fixtures, systems and equipment of any type serving trash removal services to the PremisesBuilding in accordance with prevailing standards, and now or hereafter on the Premises, or elsewhere serving the Premises, in good order, condition and repair (and at least as good order, condition and repair as they are in on the Commencement Date or may be put in during the Term), normal wear and tear, casualty and condemnation (to the extent the responsibility of Landlord pursuant to Article 12 hereof) excepted; shall keep in a safe, secure and sanitary condition all trash and rubbish temporarily stored at the Premises; and shall make perform all repairs and replacements to the Premises and do to the plumbing, mechanical, electrical systems and to all other work necessary supplemental heating, ventilating and air-conditioning systems for the foregoing purposes whether the same may be ordinary or extraordinary, foreseen or unforeseen. The foregoing shall include without limitation Tenant’s obligation specific use, as opposed to repairbase building systems (the Tenant specific systems are referred to in this Lease as the “Tenant HVAC Systems”), maintainas are necessary to keep them in good working order, repair and replace floors condition, as the case may require, reasonable use and floor coverings, wear thereof and damage by fire or by casualty only excepted; to paint and repair walls and doors, to replace and repair keep all glass in windows and doors of the Buildings Premises (except glass in the exterior walls of the Buildings Building) whole and in exterior doors), ceiling tiles, lights and light fixtures, pipes, conduits, wires, drains and good condition with glass of the like in the Premises same quality as that injured or broken; and to make as and when needed as a result of misuse by, or neglect or improper conduct of Tenant or any Tenant Party Tenant’s servants, employees, agents, invitees or licensees or otherwise, all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Throughout the Term, Tenant shall secureshall, pay forat its sole expense, and keep in force third-party maintenance and maintain a service contracts with appropriate and reputable service companies approved by Landlord (such approval not to be unreasonably withheld, conditioned or delayed) providing contract for the regular maintenance of all elevators, elevator shafts, heating, ventilation the Tenant HVAC Systems with contractors reasonably acceptable to Landlord and air conditioning equipment, Building systems, the Building life safety system including the emergency generator connected shall deliver to the Building life safety system and the fire command center; and other elements Landlord a copy of the Premises within Tenant’s repair and maintenance responsibility that landlords of Comparable Properties typically service by use of third-party service companies such contract promptly after execution thereof. The aforesaid contract shall expressly exclude base building hvac (collectively, the “Service Contracts”), copies of which shall be provided Landlord’s obligation to maintain) and shall provide for expiration of such contract as of the Expiration Date. Tenant shall also contract for pest extermination services for the Premises, at Tenant’s sole expense, as needed. Landlord, upon default of Tenant hereunder beyond applicable notice and Tenant cure periods (except in the case of emergency where there is imminent threat of harm to persons or property, where no notice and cure period shall provide to Landlord in a timely manner such periodic inspection reports (but no less frequently than annuallyapply) as are prepared by the service providers under the Service Contracts. Without limitation, Tenant shall be responsible for heating, ventilating and air-conditioning systems to the extent exclusively serving the Premises and Utility Services serving the Premises from the Utility Switching Points. If anything required pursuant to this Section 10.04(a) to be repaired cannot be fully repaired or restored, Tenant upon prior notice to Landlord shall replace it Tenant, may elect, at the expense of Tenant, to perform all such cleaning and maintenance, and to make any such repairs, or to repair any damage or injury to the Premises caused by moving property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s costservants, even if the benefit employees, agents, contractors, customers, patrons, invitees, or useful life of such replacement extends beyond the Term provided, however that if, in the last three years of the Term, (i) the replacement has been approved in advance and in writing by Landlord, not to be unreasonably withheld, and (ii) the property subject to replacement will become the property of Landlord pursuant to the terms of this Lease at the conclusion of the Term, then within ninety (90) days after the expiration of the Term, Landlord shall reimburse Tenant for the unamortized portion of the capital replacement calculated as follows: upon receipt of notice from Tenant of the need for such capital replacement, Landlord and Tenant shall cooperate to determine the estimated cost of such replacement. The actual cost of the replacement, as documented by Tenant and subject to Landlord’s approval (which shall not be unreasonably withheld), shall be amortized over the useful life of such replacement as reasonably determined by Landlord on a straight line basis together with interest at the prime interest rate from time to time announced by Bank of America (or any successor financial institution). Tenant shall transfer to Landlord all of its rights and interests in any warranties, together with copies of the same, related to said replacement at the conclusion or earlier expiration of the Term. Tenant acknowledges that Landlord has the right, but not the obligation, to reduce the amount payable at the conclusion of the Term to Tenant pursuant to this paragraph by any amounts of Rent then due and payable to Landlord. Tenant shall hire its own cleaning contractor for the Premises. Notwithstanding anything to the contrary in this Lease, it is expressly understood and agreed that Landlord shall have no liability or responsibility for the storage, containment or disposal of any Hazardous Substances generated, stored or contained by Tenant, Tenant hereby agreeing to store, contain and dispose of any and all such Hazardous Substances at Tenant’s sole cost and expense in accordance with the provisions of Article 9 hereof. Tenant acknowledges that the Parking Garage is open to the general public and that access to the Parking Garage must be maintained open to the public through the main Building lobby and the common stairways and stairwells providing access to the Parking Garage from the lobby at all times during the Term, subject to matters described in Article 12. Stairways and stairwells and elevators serving the Parking Garage shall be differentiated and secured from stairways, stairwells and elevators serving the Building so that there is no direct access from the Parking Garage to the upper floors of the Building without entering the lobby. Notwithstanding anything to the contrary herein, such lobby shall be maintained by Tenant in a condition consistent with main building lobbies in Class A office buildings in the Seaport District of the City of Boston, Massachusettslicensees.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Cynosure Inc)

Repair and Maintenance. Except for work that Section 10.03 or Article 12 requires Landlord to do, Tenant at its sole cost and expense shall keep the Premises including without limitation all elevators; elevator shafts; heating, ventilation and air conditioning equipment; fixtures, systems and equipment of any type serving the Premises, and now or hereafter on the Premises, or elsewhere serving the Premises, in good order, condition and repair (and at least as good order, condition and repair as they are in on the Commencement Date or may be put in during the Term), normal wear and tear, casualty and condemnation (Subject to the extent the provisions of this Lease concerning condemnation, damage and destruction, Xxxxxx agrees to assume full responsibility of Landlord pursuant to Article 12 hereof) excepted; shall keep in a safe, secure and sanitary condition all trash and rubbish temporarily stored at the Premises; and shall make all repairs and replacements and do all other work necessary for the foregoing purposes whether the same may be ordinary or extraordinary, foreseen or unforeseen. The foregoing shall include without limitation Tenant’s obligation to repair, maintain, operation and replace floors and floor coverings, to paint and repair walls and doors, to replace and repair all glass in windows and doors maintenance of the Buildings (except glass in the exterior walls of the Buildings and in exterior doors), ceiling tiles, lights and light fixtures, pipes, conduits, wires, drains Property and the like in Improvements and all fixtures and furnishings thereon or therein, throughout the Premises and to make as and when needed as a result of misuse by, or neglect or improper conduct of Tenant or any Tenant Party or otherwise, all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall secure, pay for, and keep in force third-party maintenance and service contracts with appropriate and reputable service companies approved by Landlord (such approval not to be unreasonably withheld, conditioned or delayed) providing for the regular maintenance of all elevators, elevator shafts, heating, ventilation and air conditioning equipment, Building systems, the Building life safety system including the emergency generator connected to the Building life safety system and the fire command center; and other elements of the Premises within Tenant’s repair and maintenance responsibility that landlords of Comparable Properties typically service by use of third-party service companies (collectively, the “Service Contracts”), copies of which shall be provided Term hereof without expense to Landlord, and Tenant shall provide to Landlord perform all repairs necessary to maintain and preserve the Property, the Improvements, fixtures and furnishings in a timely manner such periodic inspection reports (but no less frequently than annually) as are prepared by the service providers under the Service Contractsdecent, safe and sanitary condition consistent with good practices and in compliance with all applicable Laws. Without limitation, Tenant agrees that Landlord shall be responsible for heating, ventilating and air-conditioning systems to the extent exclusively serving the Premises and Utility Services serving the Premises from the Utility Switching Points. If anything required pursuant to this Section 10.04(a) to be repaired cannot be fully repaired required to perform any maintenance, repairs or restoredservices, Tenant upon prior notice or to Landlord shall replace it at Tenant’s cost, even if assume any expense not specifically assumed herein in connection with the benefit or useful life of such replacement extends beyond Property and the Term provided, however that if, in the last three years of the Term, (i) the replacement has been approved in advance and in writing by Landlord, not to be unreasonably withheld, and (ii) the property subject to replacement will become the property of Landlord pursuant to Improvements thereon except as otherwise expressly required under the terms of this Lease Lease. Tenant shall, at Tenant's sole cost and expense, maintain the conclusion Property, above, in good condition and repair. Said maintenance shall include but not be limited to, the structures of the TermProperty, then within ninety (90) days after roof(s), the expiration exterior walls and interior of the Termbuildings and structures on the Property, Landlord shall reimburse Tenant for exterior and interior doors and windows, door locks, closing devices, shelving, kitchen cabinets and hardware, bathroom vanities and hardware and fixtures, appliances of any kind (including without limitation, dishwashers, washing machines, dryers), lighting, solar panels, elevators, common areas (including landscaping and irrigation,, all fixtures and equipment, including without limitation, security devices, plate glass, electrical wiring, plumbing fixtures, plumbing drains (from the unamortized portion interior of the capital replacement calculated as follows: upon receipt Property to the point of notice from Tenant connection of Tenant's drainage system with the need for such capital replacementsanitary sewer system owned, Landlord and Tenant shall cooperate to determine managed, and/or maintained by the estimated cost of such replacement. The actual cost of the replacement, as documented by Tenant and subject to Landlord’s approval (which shall not be unreasonably withheld), shall be amortized over the useful life of such replacement as reasonably determined by Landlord on a straight line basis together with interest at the prime interest rate from time to time announced by Bank of America (or any successor financial institutionlocal municipality). Tenant shall transfer to Landlord all of its rights maintain the heating and interests air conditioning system and solar panels in any warranties, together with copies of the same, related to said replacement at the conclusion or earlier expiration of the Term. Tenant acknowledges that Landlord has the right, but not the obligation, to reduce the amount payable at the conclusion of the Term to Tenant pursuant to this paragraph by any amounts of Rent then due good and payable to Landlord. Tenant shall hire its own cleaning contractor for the Premises. Notwithstanding anything to the contrary in this Lease, it is expressly understood and agreed that Landlord shall have no liability or responsibility for the storage, containment or disposal of any Hazardous Substances generated, stored or contained by Tenant, Tenant hereby agreeing to store, contain and dispose of any and all such Hazardous Substances working order at Tenant’s 's sole cost expense and expense in accordance with the provisions of Article 9 hereofcost. Tenant acknowledges that the Parking Garage is open to the general public Such maintenance and that access to the Parking Garage must be maintained open to the public through the main Building lobby and the common stairways and stairwells providing access to the Parking Garage from the lobby at all times during the Term, subject to matters described in Article 12. Stairways and stairwells and elevators serving the Parking Garage repairs shall be differentiated performed with due diligence, lien-free and secured from stairways, stairwells and elevators serving the Building so that there is no direct access from the Parking Garage to the upper floors of the Building without entering the lobby. Notwithstanding anything to the contrary herein, such lobby shall be maintained by Tenant in a condition consistent with main building lobbies in Class A office buildings in the Seaport District of the City of Bostonfirst-class and workmanlike manner, Massachusetts.by licensed contractor(s). If Xxxxxx refuses or neglects to repair and maintain the

Appears in 1 contract

Samples: Lease Agreement

Repair and Maintenance. Except for work that Section 10.03 or Article 12 requires Landlord to do, Tenant at its sole cost and expense shall keep the Premises including without limitation all elevators; elevator shafts; heating, ventilation and air conditioning equipment; fixtures, systems and equipment of any type serving the Premises, and now or hereafter on the Premises, or elsewhere exclusively serving the Premises, in good order, condition and repair (and at least as good order, condition and repair as they are in on the Commencement Date or may be put in during the Term), normal reasonable wear and tear, casualty and condemnation (to the extent the responsibility of Landlord pursuant to Article 12 hereof) tear excepted; shall keep in a safe, secure and sanitary condition all trash and rubbish temporarily stored at the Premises; and shall make all repairs and replacements and to do all other work necessary for the foregoing purposes whether the same may be ordinary or extraordinary, foreseen or unforeseen. The foregoing shall include without limitation Tenant’s 's obligation to repair, maintain, and replace maintain floors and floor coverings, to paint and repair walls and doors, to replace and repair all interior glass in windows and doors of the Buildings (except glass in the exterior walls of the Buildings and in exterior doors)windows, ceiling tiles, lights and light fixtures, pipes, conduits, wires, drains and the like in the Premises and to make as and when needed as a result of misuse by, or neglect or improper conduct of Tenant or any Tenant Party or otherwise, all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall secure, pay for, and keep in force third-party maintenance and service contracts with appropriate and reputable service companies approved by Landlord (such approval not to be unreasonably withheld, conditioned or delayed) providing for the regular maintenance of all elevators, elevator shafts, heating, ventilation and air conditioning equipment, Building systems, the Building life safety system including the emergency generator connected to the Building life safety system and the fire command center; and other elements of the Premises within Tenant’s repair and maintenance responsibility that landlords of Comparable Properties typically service by use of third-party service companies (collectively, the “Service Contracts”), copies of which shall be provided to Landlord, and Tenant shall provide to Landlord in a timely manner such periodic inspection reports (but no less frequently than annually) as are prepared by the service providers under the Service ContractsPremises. Without limitation, Tenant shall be responsible for heating, ventilating and air-conditioning systems to the extent exclusively serving the Premises and Utility Services serving the Premises from the point where such systems serve the Premises exclusively (including the Utility Switching PointsPoints to the Premises), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such heating, ventilating and air-conditioning and Utility Services systems serving the Premises to the extent that such systems do not serve other tenants of the Property. If anything required pursuant to this Section 10.04(a) to be repaired cannot be fully repaired or restored, Tenant upon prior notice to Landlord shall replace it at Tenant’s 's cost, even if the benefit or useful life of such replacement extends beyond the Term provided, however that if, in the last three years of the Term, (i) the replacement has been approved in advance and in writing by Landlord, not to be unreasonably withheld, and (ii) the property subject to replacement will become the property of Landlord pursuant to the terms of this Lease at the conclusion of the Term, then within ninety (90) days after the expiration of the Term, Landlord shall reimburse Tenant for the unamortized portion of the capital replacement calculated as follows: upon receipt of notice from Tenant of the need for such capital replacement, Landlord and Tenant shall cooperate to determine the estimated cost of such replacement. The actual cost of the replacement, as documented by Tenant and subject to Landlord’s approval (which shall not be unreasonably withheld), shall be amortized over the useful life of such replacement as reasonably determined by Landlord on a straight line basis together with interest at the prime interest rate from time to time announced by Bank of America (or any successor financial institution). Tenant shall transfer to Landlord all of its rights and interests in any warranties, together with copies of the same, related to said replacement at the conclusion or earlier expiration of the Term. Tenant acknowledges that Landlord has the right, but not the obligation, to reduce the amount payable at the conclusion of the Term to Tenant pursuant to this paragraph by any amounts of Rent then due and payable to Landlord. Tenant shall hire its own cleaning contractor for the Premises. Notwithstanding anything to the contrary in this Lease, it is expressly understood and agreed that Landlord shall have no liability or responsibility for the storage, containment or disposal of any Hazardous Substances generated, stored or contained by Tenant, Tenant hereby agreeing to store, contain and dispose of any and all such Hazardous Substances at Tenant’s sole cost and expense in accordance with the provisions of Article 9 hereof. Tenant acknowledges that the Parking Garage is open to the general public and that access to the Parking Garage must be maintained open to the public through the main Building lobby and the common stairways and stairwells providing access to the Parking Garage from the lobby at all times during the Term, subject to matters described in Article 12. Stairways and stairwells and elevators serving the Parking Garage shall be differentiated and secured from stairways, stairwells and elevators serving the Building so that there is no direct access from the Parking Garage to the upper floors of the Building without entering the lobby. Notwithstanding anything to the contrary herein, such lobby shall be maintained by Tenant in a condition consistent with main building lobbies in Class A office buildings in the Seaport District of the City of Boston, Massachusetts.

Appears in 1 contract

Samples: Lease Agreement (Metabolix, Inc.)

Repair and Maintenance. Except for work that Section 10.03 or Article 12 requires Landlord to doTenant shall throughout the Term keep and maintain the entire Premises, Tenant at its sole cost including, without limitation, all doors, windows, interior walls, lobbies, hallways, stairways, rooms, basements, lawns, grounds, landscaped areas, parking areas, loading areas, driveways, sidewalks, walkways, landings and expense shall keep the Premises including without limitation entryways thereof, all elevators; elevator shafts; heating, ventilation ventilating, air conditioning, hot water, plumbing, electrical, gas, elevator, mechanical, security and air conditioning equipment; alarm fixtures, equipment, lines and systems therein and Tenant’s trade fixtures and equipment of any type serving the Premisestherein in good, clean, sanitary, safe, sound, working and now or hereafter on the Premises, or elsewhere serving the Premises, in good order, tenantable condition and repair (and in at least as good order, condition and repair as they are in on the Term Commencement Date or may be put in during the Term), normal excepting only (a) reasonable wear and tear, tear and (b) damage by fire or other casualty or taking by condemnation or eminent domain which shall instead be governed by Articles VIII and condemnation (to the extent the responsibility of Landlord pursuant to Article 12 hereof) excepted; IX. Tenant shall keep in a safe, secure and sanitary condition all trash and rubbish temporarily stored at the Premises; and shall promptly make all repairs and replacements and do all other work necessary for to accomplish the foregoing purposes whether the same may be ordinary or extraordinaryforegoing. If requested by Landlord, foreseen or unforeseen. The foregoing shall include without limitation Tenant’s obligation to repair, maintain, and replace floors and floor coverings, to paint and repair walls and doors, to replace and repair all glass in windows and doors of the Buildings (except glass in the exterior walls of the Buildings and in exterior doors), ceiling tiles, lights and light fixtures, pipes, conduits, wires, drains and the like in the Premises and to make as and when needed as a result of misuse by, or neglect or improper conduct of Tenant or any Tenant Party or otherwise, all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall secure, pay for, for and keep in force third-party maintenance and service contracts with appropriate and reputable service companies approved by Landlord (such approval not to be unreasonably withheld, conditioned or delayed) providing for the regular and proper maintenance of all elevators, elevator shafts, heating, ventilation ventilating, air conditioning, elevator, alarm and air conditioning equipmentsecurity systems in the Premises, Building systemsif requested, the Building life safety system including the emergency generator connected to the Building life safety system and the fire command center; and other elements of the Premises within Tenant’s repair and maintenance responsibility that landlords of Comparable Properties typically service by use of third-party service companies (collectively, the “Service Contracts”), furnish copies of which shall be provided to Landlord, and Tenant shall provide to Landlord in a timely manner all such periodic inspection reports (but no less frequently than annually) as are prepared by the service providers under the Service Contracts. Without limitation, Tenant shall be responsible for heating, ventilating and air-conditioning systems to the extent exclusively serving the Premises and Utility Services serving the Premises from the Utility Switching Points. If anything required pursuant to this Section 10.04(a) to be repaired cannot be fully repaired or restored, Tenant upon prior notice to Landlord shall replace it at Tenant’s cost, even if the benefit or useful life of such replacement extends beyond the Term provided, however that if, in the last three years of the Term, (i) the replacement has been approved in advance and in writing by Landlord, not to be unreasonably withheld, and (ii) the property subject to replacement will become the property of Landlord pursuant to the terms of this Lease at the conclusion of the Term, then within ninety (90) days after the expiration of the Term, Landlord shall reimburse Tenant for the unamortized portion of the capital replacement calculated as follows: upon receipt of notice from Tenant of the need for such capital replacement, Landlord and Tenant shall cooperate to determine the estimated cost of such replacement. The actual cost of the replacement, as documented by Tenant and subject to Landlord’s approval (which shall not be unreasonably withheld), shall be amortized over the useful life of such replacement as reasonably determined by Landlord on a straight line basis together with interest at the prime interest rate from time to time announced by Bank of America (or any successor financial institution). Tenant shall transfer to Landlord all of its rights and interests in any warranties, together with copies of the same, related to said replacement at the conclusion or earlier expiration of the Term. Tenant acknowledges that Landlord has the right, but not the obligation, to reduce the amount payable at the conclusion of the Term to Tenant pursuant to this paragraph by any amounts of Rent then due and payable contracts to Landlord. Tenant shall hire its own cleaning contractor for remove snow and ice from all parking areas, loading areas, driveways, walkways, sidewalks, entryways, porches, landings and fire escapes on or surrounding the PremisesPremises promptly after accumulation. Tenant shall also make regular use of and lock any gates on the Premises after normal business hours to prevent unauthorized access the Premises by third-parties. Notwithstanding anything to the contrary in this Leaseherein contained, it is expressly understood and agreed that Landlord shall have no liability be responsible for repairs and replacement of the slab, foundations, structural elements, exterior walls, roofs, and chimneys, unless the need for such repair or responsibility for replacement is the storage, containment or disposal result of any Hazardous Substances generated, stored or contained by Tenant, Tenant hereby agreeing to store, contain and dispose of any and all such Hazardous Substances at Tenant’s sole cost and expense in accordance with the provisions of Article 9 hereof. Tenant acknowledges that the Parking Garage is open to the general public and that access to the Parking Garage must be maintained open to the public through the main Building lobby and the common stairways and stairwells providing access to the Parking Garage from the lobby at all times during the Term, subject to matters described in Article 12. Stairways and stairwells and elevators serving the Parking Garage shall be differentiated and secured from stairways, stairwells and elevators serving the Building so that there is no direct access from the Parking Garage to the upper floors of the Building without entering the lobby. Notwithstanding anything to the contrary herein, such lobby shall be maintained by Tenant in a condition consistent with main building lobbies in Class A office buildings in the Seaport District of the City of Boston, Massachusettsnegligence or willful act.

Appears in 1 contract

Samples: Lease (PharmaFrontiers Corp.)

Repair and Maintenance. Except for work that Section 10.03 in the case of damage to or Article 12 requires Landlord to do, Tenant at its sole cost and expense shall keep destruction of the Premises including without limitation all elevators; elevator shafts; heating, ventilation and air conditioning equipment; fixtures, systems and equipment of any type serving the Leased Premises, the Building, the Outside Areas, the Property, or the Project caused by an act of God or other peril, in which case the provisions of Article 10 shall control, the parties shall have the following obligations and now or hereafter on responsibilities with respect to the repair and maintenance of the Leased Premises, or elsewhere serving the PremisesBuilding, the Outside Areas, the Property, and the Project. (a) Landlord's and Tenant's Obligations. Landlord shall, at all times during the Lease Term, keep and maintain in good order, condition and repair the Leased Premises and every part thereof including, without limiting the generality of the foregoing, (and at least as good orderi) all interior walls, condition and repair as they are in on the Commencement Date or may be put in during the Term), normal wear and tear, casualty and condemnation (to the extent the responsibility of Landlord pursuant to Article 12 hereof) excepted; shall keep in a safe, secure and sanitary condition all trash and rubbish temporarily stored at the Premises; and shall make all repairs and replacements and do all other work necessary for the foregoing purposes whether the same may be ordinary or extraordinary, foreseen or unforeseen. The foregoing shall include without limitation Tenant’s obligation to repair, maintain, and replace floors and floor coveringsceilings, to paint (ii) all windows, doors and repair walls skylights, (iii) all electrical wiring, conduits, connectors and doorsfixtures, to replace and repair (iv) all glass in windows and doors of the Buildings (except glass in the exterior walls of the Buildings and in exterior doors), ceiling tiles, lights and light fixturesplumbing, pipes, conduitssinks, wirestoilets, drains faucets and the like in the Premises drains, (v) all lighting fixtures, bulbs and to make as lamps and when needed as a result of misuse by, or neglect or improper conduct of Tenant or any Tenant Party or otherwise, all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall secure, pay for, and keep in force third-party maintenance and service contracts with appropriate and reputable service companies approved by Landlord (such approval not to be unreasonably withheld, conditioned or delayed) providing for the regular maintenance of all elevators, elevator shafts, heating, ventilation ventilating and air conditioning equipment, Building systems, the Building life safety system including the emergency generator connected and (vi) all entranceways to the Building life safety system and the fire command center; and other elements of the Premises within Tenant’s repair and maintenance responsibility that landlords of Comparable Properties typically service Leased Premises. Any costs incurred by use of third-party service companies (collectively, the “Service Contracts”), copies of which shall be provided to Landlord, and Tenant shall provide to Landlord in a timely manner such periodic inspection reports (but no less frequently than annually) as are prepared by the service providers under the Service Contracts. Without limitation, Tenant shall be responsible for heating, ventilating and air-conditioning systems to the extent exclusively serving the Premises and Utility Services serving the Premises from the Utility Switching Points. If anything required pursuant to this Section 10.04(a) to be repaired cannot be fully repaired or restored, Tenant upon prior notice to Landlord shall replace it at Tenant’s cost, even if the benefit or useful life of such replacement extends beyond the Term provided, however that if, in the last three years of the Term, (i) the replacement has been approved in advance and in writing by Landlord, not to be unreasonably withheld, and (ii) the property subject to replacement will become the property of Landlord pursuant to the terms of this Lease at the conclusion foregoing sentence shall be included as part of the Term, then within ninety costs described under subsection (90i)(B) days after the expiration of the Term, Landlord shall reimburse Tenant for the unamortized portion of the capital replacement calculated as follows: upon receipt of notice from Tenant of the need for such capital replacement, Landlord and Tenant shall cooperate Section 13.12(c) relating to determine the estimated cost of such replacement. The actual cost of the replacement, as documented by Tenant and subject to Landlord’s approval (which shall not be unreasonably withheld), shall be amortized over the useful life of such replacement as reasonably determined by Landlord on a straight line basis together with interest at the prime interest rate from time to time announced by Bank of America (or any successor financial institution). Tenant shall transfer to Landlord all of its rights and interests in any warranties, together with copies of the same, related to said replacement at the conclusion or earlier expiration of the Term. Tenant acknowledges that Landlord has the right, but not the obligation, to reduce the amount payable at the conclusion of the Term to Tenant pursuant to this paragraph by any amounts of Rent then due and payable to Landlord. Tenant shall hire its own cleaning contractor for the PremisesProperty Maintenance Cost. Notwithstanding anything to the contrary in this Lease, it is expressly understood and agreed that Landlord shall have no liability or responsibility for the storage, containment or disposal of any Hazardous Substances generated, stored or contained by Tenantforegoing, Tenant hereby agreeing to storeshall, contain and dispose of any and all such Hazardous Substances at Tenant’s its sole cost and expense in accordance with the provisions of Article 9 hereof. Tenant acknowledges that the Parking Garage is open expense, repair all damage to the general public Leased Premises, the Building, the Outside Areas, the Property, or the Project caused by the activities of Tenant, its employees, invitees or contractors promptly following written notice from Landlord to so repair such damages. (b) Landlord's Obligations, Building and that access to the Parking Garage must be maintained open to the public through the main Building lobby and the common stairways and stairwells providing access to the Parking Garage from the lobby Systems. Landlord shall, at all times during the Lease Term, subject maintain in good condition and repair the foundation, roof structure, load-bearing and exterior walls of the Building, and those Building elevators, electrical, plumbing, and life safety (and Building central heating, ventilating, and air conditioning) systems or components thereof which serve the Building but which do not serve, or are not identifiable with, the Leased Premises or the premises leased to matters described in Article 12other building tenants. Stairways Landlord shall hire a licensed roofing contractor to regularly and stairwells periodically inspect and elevators perform required maintenance on the roof of the Building, and a licensed heating, ventilating and air conditioning contractor to regularly and periodically inspect and perform required maintenance on the heating, ventilating and air conditioning equipment and systems serving the Parking Garage Leased Premises. The provisions of this subparagraph (b) shall be differentiated and secured from stairwaysin no way limit the right of Landlord to charge to Tenant, stairwells and elevators serving the Building so that there is no direct access from the Parking Garage as Additional Rent pursuant to Article 3 (to the upper floors of extent permitted pursuant to Article 3), the Building without entering the lobby. Notwithstanding anything to the contrary herein, costs incurred by Landlord in performing such lobby shall be maintained by Tenant in a condition consistent with main building lobbies in Class A office buildings in the Seaport District of the City of Boston, Massachusettsmaintenance and/or making such repairs.

Appears in 1 contract

Samples: Sublease (Equinix Inc)

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Repair and Maintenance. Except Subject to the provisions of Article 12, and except for work that Section 10.03 damage caused by any act or Article 12 requires omission of Tenant or persons acting under Tenant (or as otherwise may be required of Tenant under this Lease), Landlord to do, Tenant at its sole cost and expense shall keep the Premises including common areas of the Building (including, without limitation all elevators; elevator shafts; heatinglimitation, ventilation common elevators and air conditioning equipment; fixturescommon parking areas) and the foundation, roof, Building systems and equipment of any type (to the extent not serving the PremisesPremises or another tenant’s premises exclusively, such as, without limitation, Tenant’s Supplemental HVAC and now or hereafter on the Initial Tenant Improvements, but including the VAV boxes in the office portions of the Premises), or elsewhere serving structural supports, exterior windows and exterior walls of the Premises, Building in good working order, condition and repair reasonable wear and tear and fire or other casualty excepted. Landlord shall not be obligated to maintain or repair any interior windows, doors, plate glass, the surfaces of walls or other fixtures, components or equipment within the Premises, but the same shall be Tenant’s obligation. Tenant shall promptly report in writing to Landlord any defective condition known to it that Landlord is required to repair. Tenant waives the benefit of any present or future law that provides Tenant the right to repair the Premises or Property at Landlord’s expense or, except in the case of a judicially determined constructive eviction (and beyond applicable appeal periods), to terminate this Lease because of the condition of the Property or Premises. Notwithstanding the fact that Landlord may provide security services at least as good order, condition and repair as they are in on the Commencement Date Property or may be put in Building at any time during the Term)Term of this Lease, normal Tenant, to the maximum extent allowable by law, hereby releases Landlord from any claim for injury to person or damage to property asserted by Tenant or any personnel, employee, guest, invitee or agent of Tenant that is suffered or occurs in or about the Premises or in or about the Building or Property or the common areas appurtenant thereto by reason of the act of any intruder or any other third party in or about the Premises, Building or Property. (For purposes of this Section, the term “reasonable wear and tear” constitutes that normal, casualty gradual deterioration that occurs due to aging and condemnation (to the extent the responsibility of Landlord pursuant to Article 12 hereof) excepted; shall keep in a safe, secure ordinary use despite reasonable and sanitary condition all trash timely maintenance and rubbish temporarily stored at the Premises; and shall make all repairs or repairs and replacements restoration, as the case may be; in no event shall “reasonable wear and do all other work necessary for the foregoing purposes whether the same tear” excuse Landlord from its obligations duty to maintain and/or repair as may be ordinary or extraordinary, foreseen or unforeseen. The foregoing shall include without limitation Tenant’s obligation to repair, maintain, and replace floors and floor coverings, to paint and repair walls and doors, to replace and repair all glass in windows and doors of the Buildings (except glass in the exterior walls of the Buildings and in exterior doorsrequired hereunder.), ceiling tiles, lights and light fixtures, pipes, conduits, wires, drains and the like in the Premises and to make as and when needed as a result of misuse by, or neglect or improper conduct of Tenant or any Tenant Party or otherwise, all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall secure, pay for, and keep in force third-party maintenance and service contracts with appropriate and reputable service companies approved by Landlord (such approval not to be unreasonably withheld, conditioned or delayed) providing for the regular maintenance of all elevators, elevator shafts, heating, ventilation and air conditioning equipment, Building systems, the Building life safety system including the emergency generator connected to the Building life safety system and the fire command center; and other elements of the Premises within Tenant’s repair and maintenance responsibility that landlords of Comparable Properties typically service by use of third-party service companies (collectively, the “Service Contracts”), copies of which shall be provided to Landlord, and Tenant shall provide to Landlord in a timely manner such periodic inspection reports (but no less frequently than annually) as are prepared by the service providers under the Service Contracts. Without limitation, Tenant shall be responsible for heating, ventilating and air-conditioning systems to the extent exclusively serving the Premises and Utility Services serving the Premises from the Utility Switching Points. If anything required pursuant to this Section 10.04(a) to be repaired cannot be fully repaired or restored, Tenant upon prior notice to Landlord shall replace it at Tenant’s cost, even if the benefit or useful life of such replacement extends beyond the Term provided, however that if, in the last three years of the Term, (i) the replacement has been approved in advance and in writing by Landlord, not to be unreasonably withheld, and (ii) the property subject to replacement will become the property of Landlord pursuant to the terms of this Lease at the conclusion of the Term, then within ninety (90) days after the expiration of the Term, Landlord shall reimburse Tenant for the unamortized portion of the capital replacement calculated as follows: upon receipt of notice from Tenant of the need for such capital replacement, Landlord and Tenant shall cooperate to determine the estimated cost of such replacement. The actual cost of the replacement, as documented by Tenant and subject to Landlord’s approval (which shall not be unreasonably withheld), shall be amortized over the useful life of such replacement as reasonably determined by Landlord on a straight line basis together with interest at the prime interest rate from time to time announced by Bank of America (or any successor financial institution). Tenant shall transfer to Landlord all of its rights and interests in any warranties, together with copies of the same, related to said replacement at the conclusion or earlier expiration of the Term. Tenant acknowledges that Landlord has the right, but not the obligation, to reduce the amount payable at the conclusion of the Term to Tenant pursuant to this paragraph by any amounts of Rent then due and payable to Landlord. Tenant shall hire its own cleaning contractor for the Premises. Notwithstanding anything to the contrary in this Lease, it is expressly understood and agreed that Landlord shall have no liability or responsibility for the storage, containment or disposal of any Hazardous Substances generated, stored or contained by Tenant, Tenant hereby agreeing to store, contain and dispose of any and all such Hazardous Substances at Tenant’s sole cost and expense in accordance with the provisions of Article 9 hereof. Tenant acknowledges that the Parking Garage is open to the general public and that access to the Parking Garage must be maintained open to the public through the main Building lobby and the common stairways and stairwells providing access to the Parking Garage from the lobby at all times during the Term, subject to matters described in Article 12. Stairways and stairwells and elevators serving the Parking Garage shall be differentiated and secured from stairways, stairwells and elevators serving the Building so that there is no direct access from the Parking Garage to the upper floors of the Building without entering the lobby. Notwithstanding anything to the contrary herein, such lobby shall be maintained by Tenant in a condition consistent with main building lobbies in Class A office buildings in the Seaport District of the City of Boston, Massachusetts.

Appears in 1 contract

Samples: Lease Agreement (Concert Pharmaceuticals, Inc.)

Repair and Maintenance. Except for work that Section 10.03 or Article 12 requires Landlord to do, Tenant at its sole cost and expense shall keep To maintain the Premises including (which includes without limitation all elevators; elevator shafts; heatinglimitation, ventilation exterior doors, windows and air conditioning equipment; fixtures, systems entrance ways) in good order and equipment of any type serving the Premisescondition and in a neat and clean appearance, and now or hereafter on the Premises, or elsewhere serving the Premises, in good order, condition and repair (and at least as good order, condition and repair as they are in on the Commencement Date or may be put in during the Term), normal wear and tear, casualty and condemnation (to the extent the responsibility of Landlord pursuant to Article 12 hereof) excepted; shall keep in a safe, secure and sanitary condition all trash and rubbish temporarily stored at the Premises; and shall make perform all repairs and replacements to the Premises, including plumbing, electrical, and do all other work necessary for non-base building heating, ventilating and air-conditioning systems exclusively serving the foregoing purposes whether the same may be ordinary or extraordinaryPremises and installed by Tenant, foreseen or unforeseen. The foregoing shall include without limitation Tenant’s obligation to repair, maintainsecurity systems, and replace floors all lab equipment and floor coveringsGMP equipment installed by Tenant in the Premises, to paint and repair walls and all fixtures, furnishings, lighting, interior walls, entrance doors, floor surfaces, and, all signs of Tenant wherever located, the exterior generator, Tenant’s rooftop equipment and all mechanical equipment associated with Tenant’s GMP use, and chemical storage tank and associated enclosures, such as are necessary to replace keep them in good working order, appearance and repair condition, as the case may require, reasonable use and wear thereof and damage by fire or by casualty only excepted; to keep all glass in windows interior and exterior portions of all windows, doors of the Buildings (except and other glass in the exterior walls of the Buildings Premises whole and in exterior doors)good condition; and, ceiling tilesafter three (3) business days’ prior written notice (which may be by email) or fewer days if reasonable under the circumstances, lights and light fixtures, pipes, conduits, wires, drains and the like in the Premises and to begin to make as and when needed as a result of misuse by, or neglect or improper conduct of Tenant or any Tenant Party Tenant’s servants, employees, agents, invitees or licensees or otherwise, all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall securealso be responsible, pay forat its sole expense, for providing cleaning and janitorial services to all portions of the Premises in a first-class manner consistent with cleaning standards generally prevailing in the area and shall contract with a waste disposal service to remove and dispose of general office refuse on a regular basis. All Lab Waste generated within or brought onto the Premises in connection with Tenant’s activities shall be stored in proper containers within the Premises. In no event shall any Lab Waste be stored outside the Premises. Tenant shall not permit the mixing or disposal of Lab Waste with general office refuse and shall, at its sole expense, enter into and maintain throughout the Term a service contract with a trash disposal service specializing in laboratory and biological waste removal. Tenant’s waste removal contract shall provide for pick up and disposal of lab waste in accordance with local Board of Health requirements and all other applicable law. “Lab Waste” shall include, but not be limited to, all pathological, or biological waste, laboratory waste that has come in contact with any disease carrying organisms, any human 2892369_8 tissue or other body parts, laboratory cultures and stocks of infectious agents and any associated biological materials, and keep any other item defined as medical or biological waste under any applicable law of governmental authorities having jurisdiction (including but not limited to 105 CMR 480.010). No Lab Waste or general office waste shall be stored outside of the Premises. (Landlord, upon failure of Tenant to perform its obligations under this Section 6.1.3, and if such failure could have an adverse effect on the base building structure or any of the base building systems, may elect, at the expense of Tenant, and upon three (3) business days’ prior written notice or fewer if reasonable under the circumstances [except in force third-party emergencies where immediate action may be taken without prior notice], to perform all such cleaning and maintenance and service contracts with appropriate to make any such repairs and reputable service companies approved by Landlord (such approval not replacements or to be unreasonably withheld, conditioned repair any damage or delayed) providing for the regular maintenance of all elevators, elevator shafts, heating, ventilation and air conditioning equipment, Building systems, the Building life safety system including the emergency generator connected injury to the Building life safety system and or the fire command center; and other elements Premises caused by moving property of Tenant in or out of the Premises within Building, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s repair and maintenance responsibility that landlords of Comparable Properties typically service by use of third-party service companies (collectivelyservants, the “Service Contracts”)employees, copies of which agents, contractors, customers, patrons, invitees, or licensees. However, in no event shall be provided Landlord have any right to Landlord, and Tenant shall provide to Landlord in a timely manner such periodic inspection reports (but no less frequently than annually) as are prepared take any action permitted by the service providers under the Service Contracts. Without limitation, Tenant shall be responsible for heating, ventilating and air-conditioning systems preceding sentence to the extent exclusively serving the Premises and Utility Services serving the Premises from the Utility Switching Points. If anything required pursuant to this Section 10.04(a) to be repaired cannot be fully repaired or restored, Tenant upon prior notice to Landlord shall replace it at such action would affect Tenant’s cost, even if the benefit or useful life of such replacement extends beyond the Term provided, however that if, in the last three years of the Term, (i) the replacement has been approved in advance and in writing by Landlord, not to be unreasonably withheld, and (ii) the property subject to replacement will become the property of Landlord pursuant to the terms of this Lease at the conclusion of the Term, then within ninety (90) days after the expiration of the Term, Landlord shall reimburse Tenant for the unamortized portion of the capital replacement calculated as follows: upon receipt of notice from Tenant of the need for such capital replacement, Landlord and Tenant shall cooperate to determine the estimated cost of such replacement. The actual cost of the replacement, as documented by Tenant and subject to Landlord’s approval (which shall not be unreasonably withheld), shall be amortized over the useful life of such replacement as reasonably determined by Landlord on a straight line basis together mechanical equipment associated with interest at the prime interest rate from time to time announced by Bank of America (or any successor financial institution). Tenant shall transfer to Landlord all of its rights and interests in any warranties, together with copies of the same, related to said replacement at the conclusion or earlier expiration of the Term. Tenant acknowledges that Landlord has the right, but not the obligation, to reduce the amount payable at the conclusion of the Term to Tenant pursuant to this paragraph by any amounts of Rent then due and payable to Landlord. Tenant shall hire its own cleaning contractor for the Premises. Notwithstanding anything to the contrary in this Lease, it is expressly understood and agreed that Landlord shall have no liability or responsibility for the storage, containment or disposal of any Hazardous Substances generated, stored or contained by Tenant, Tenant hereby agreeing to store, contain and dispose of any and all such Hazardous Substances at Tenant’s sole cost GMP operations and expense in accordance with the provisions of Article 9 hereof. Tenant acknowledges that the Parking Garage is open to the general public and that access to the Parking Garage must be maintained open to the public through the main Building lobby and the common stairways and stairwells providing access to the Parking Garage from the lobby at all times during the Term, subject to matters described in Article 12. Stairways and stairwells and elevators serving the Parking Garage shall be differentiated and secured from stairways, stairwells and elevators serving the Building so that there is no direct access from the Parking Garage to the upper floors of the Building without entering the lobby. Notwithstanding anything to the contrary herein, such lobby shall be maintained by Tenant in a condition consistent with main building lobbies in Class A office buildings in the Seaport District of the City of Boston, MassachusettsTenant’s lab operations.)

Appears in 1 contract

Samples: Lease Agreement (Vericel Corp)

Repair and Maintenance. Except for work that Section 10.03 or Article 12 requires Landlord to dodo (or as otherwise may be required of Landlord under this Lease), Tenant at its sole cost and expense shall keep the Premises including including, without limitation limitation, all elevators; elevator shafts; heatingLandlord’s Work, ventilation other Tenant Work, Tenant Property, and air conditioning equipment; fixtures, systems and equipment of any type serving the Premises, and now or hereafter on the Premises, or elsewhere serving in substantially the Premises, in good same order, condition and repair (and at least repair, as good order, condition and repair as they are in on the Rent Commencement Date or may be put in during the Term)Date, normal reasonable wear and tear, tear and fire or casualty and condemnation (to the extent the responsibility of Landlord pursuant to Article 12 hereof) excepted; shall keep in a safe, secure and sanitary condition all trash and rubbish temporarily stored at the Premises; and shall make all repairs and replacements and do all other work necessary for the foregoing purposes whether the same may be ordinary or extraordinary, foreseen or unforeseen; provided that in no event shall Tenant’s obligations to repair the Premises extend to (i) repairs covered under any insurance policy carried solely by Landlord in connection with the Building or the Property; (ii) repairs to the extent necessitated by the negligence or willful misconduct of Landlord or its agents, employees or contractors; or (iii) repairs for which Landlord is responsible hereunder, subject to Section 7.03 above; (iv) repairs required as a result of Landlord’s failure to make repairs for which it is responsible hereunder, subject to Section 7.03 above; (v) takings or eminent domain proceedings of governmental authorities; or (vi) capital replacements or structural repairs. The foregoing shall include include, without limitation limitation, Tenant’s obligation to repair, maintain, and replace maintain floors and floor coverings, to paint and repair walls and doors, to replace and repair all interior glass in windows and doors of the Buildings (except glass in the exterior walls of the Buildings and in exterior doors)windows, ceiling tiles, lights and light fixtures, pipes, conduits, wires, drains and the like in the Premises and to make as and when needed as a result of misuse by, or neglect or improper conduct of Tenant or any Tenant Party or otherwise, all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall secure, pay for, and keep in force third-party maintenance and service contracts with appropriate and reputable service companies approved by Landlord (such approval not to be unreasonably withheld, conditioned or delayed) providing for the regular maintenance of all elevators, elevator shafts, heating, ventilation and air conditioning equipment, Building systems, the Building life safety system including the emergency generator connected to the Building life safety system and the fire command center; and other elements of the Premises within Tenant’s repair and maintenance responsibility that landlords of Comparable Properties typically service by use of third-party service companies (collectively, the “Service Contracts”), copies of which shall be provided to Landlord, and Tenant shall provide to Landlord in a timely manner such periodic inspection reports (but no less frequently than annually) as are prepared by the service providers under the Service Contracts. Without limitation, Tenant shall be responsible for heating, ventilating and air-conditioning systems to the extent exclusively serving the Premises and Utility Services serving the Premises from the Utility Switching Points. If anything required pursuant to this Section 10.04(a) to be repaired cannot be fully repaired or restored, Tenant upon prior notice to Landlord shall replace it at Tenant’s cost, even if the benefit or useful life of such replacement extends beyond the Term provided, however that if, in the last three years of the Term, (i) the replacement has been approved in advance and in writing by Landlord, not to be unreasonably withheld, and (ii) the property subject to replacement will become the property of Landlord pursuant to the terms of this Lease at the conclusion of the Term, then within ninety (90) days after the expiration of the Term, Landlord shall reimburse Tenant for the unamortized portion of the capital replacement calculated as follows: upon receipt of notice from Tenant of the need for such capital replacement, Landlord and Tenant shall cooperate to determine the estimated cost of such replacement. The actual cost of the replacement, as documented by Tenant and subject to Landlord’s approval (which shall not be unreasonably withheld), shall be amortized over the useful life of such replacement as reasonably determined by Landlord on a straight line basis together with interest at the prime interest rate from time to time announced by Bank of America (or any successor financial institution). Tenant shall transfer to Landlord all of its rights and interests in any warranties, together with copies of the same, related to said replacement at the conclusion or earlier expiration of the Term. Tenant acknowledges that Landlord has the right, but not the obligation, to reduce the amount payable at the conclusion of the Term to Tenant pursuant to this paragraph by any amounts of Rent then due and payable to LandlordPremises. Tenant shall hire its own cleaning contractor for the Premises. Notwithstanding anything to Premises and shall provide first-class janitorial service in the contrary in this Lease, it is expressly understood and agreed that Landlord shall have no liability or responsibility for Premises on each business day during the storage, containment or Term (including daily disposal of any Hazardous Substances generated, stored or contained by Tenanttrash from trash bins in the Premises). If applicable, Tenant hereby agreeing to store, contain and dispose shall arrange for disposal of any and all such Hazardous Substances at Tenant’s sole cost and expense its own lab-related refuse by a licensed vendor in accordance with the provisions of Article 9 hereofall applicable Legal Requirements. Tenant acknowledges that the Parking Garage is open to the general public and that access to the Parking Garage must be maintained open to the public through the main Building lobby and the common stairways and stairwells providing access to the Parking Garage from the lobby at all times during the Term, subject to matters described in Article 12. Stairways and stairwells and elevators serving the Parking Garage No storage shall be differentiated and secured from stairways, stairwells and elevators serving the Building so that there is no direct access from the Parking Garage to the upper floors permitted outside of the Building without entering Premises. Storage inside the lobby. Notwithstanding anything to the contrary herein, such lobby Premises shall be maintained by Tenant provided in a condition consistent with main building lobbies manner not visible from outside the Premises. (For purposes of this Section, the term “reasonable wear and tear” constitutes that normal, gradual deterioration that occurs due to aging and ordinary use despite reasonable and timely maintenance and repairs or repairs and restoration, as the case may be; in Class A office buildings in the Seaport District of the City of Boston, Massachusettsno event shall “reasonable wear and tear” excuse Tenant from its obligations duty to maintain and/or repair as may be required hereunder.)

Appears in 1 contract

Samples: Lease Agreement (Synageva Biopharma Corp)

Repair and Maintenance. Except for work that as otherwise provided in Section 10.03 or Article 2.4.2 above and in Articles 12 requires Landlord to doand 13 below, Tenant at its sole cost and expense shall will keep the Premises including including, without limitation limitation, the exterior, the roof and structure of the Buildings and all elevators; elevator shafts; other improvements thereon and all heating, ventilation plumbing, hot water, ventilating, electrical, air-conditioning, security, alarm, elevator, mechanical and air conditioning equipment; fixtures, systems other fixtures and equipment of any type serving the Premises, and now or hereafter on the PremisesPremises or forming a part thereof, and all lines, pipes and conduits through, under and over the Premises for the transmission of electricity, gas, water, sewage or elsewhere serving any other utilities, (to the Premisesextent not maintained by the utility provider; but Tenant shall pay directly to the provider all fees and charges payable to such provider in connection with such maintenance) including, without limitation, any of the foregoing located within or on properties adjacent to the Premises by virtue of appurtenant easements, in good order, condition and repair (and at least as good order, condition and repair as they are in on the Commencement Date or may be put in during the Term), normal wear will maintain in good condition all lawns and tearplanted areas of the Premises, casualty and condemnation (to the extent the responsibility of Landlord pursuant to Article 12 hereof) excepted; shall will keep in a safegood repair and clean and neat and free of snow and ice all surfaced roadways, secure walks, and sanitary condition all trash parking and rubbish temporarily stored at loading areas of the PremisesPremises will keep the exterior areas of the Premises generally in neat and orderly condition; and shall will make all repairs and replacements and do all other work necessary for to any of the foregoing purposes foregoing, whether the same may be are ordinary or extraordinary, foreseen or unforeseen. The foregoing shall include without limitation Tenant’s obligation to repair, maintain, and replace floors and floor coverings, to paint and repair walls and doors, to replace and repair all glass in windows and doors of the Buildings (except glass in the exterior walls of the Buildings and in exterior doors), ceiling tiles, lights and light fixtures, pipes, conduits, wires, drains and the like in the Premises and to make as and when needed as a result of misuse by, capital or neglect or improper conduct of Tenant or any Tenant Party or otherwise, all repairs necessary, which repairs and replacements shall be in quality and class equal to the original worknon-capital. Tenant shall will secure, pay for, for and keep in force third-party maintenance and service contracts with appropriate and reputable service companies approved by Landlord (such approval not to be unreasonably withheld, conditioned or delayed) providing for the regular and proper maintenance of all elevatorsthe security, elevator shaftsalarm, heating, ventilation and air conditioning equipmentventilating, Building systems, the Building life safety system including the emergency generator connected to the Building life safety system and the fire command center; and other elements of the Premises within Tenant’s repair and maintenance responsibility that landlords of Comparable Properties typically service by use of third-party service companies (collectively, the “Service Contracts”), copies of which shall be provided to Landlord, and Tenant shall provide to Landlord in a timely manner such periodic inspection reports (but no less frequently than annually) as are prepared by the service providers under the Service Contracts. Without limitation, Tenant shall be responsible for heating, ventilating and air-conditioning systems to the extent exclusively serving the Premises and Utility Services serving the Premises from the Utility Switching Points. If anything required pursuant to this Section 10.04(a) to copies of such contracts will be repaired cannot be fully repaired or restored, Tenant upon prior notice furnished to Landlord shall replace it at Tenant’s cost, even if the benefit or useful life of such replacement extends beyond the Term provided, however that if, in the last three years of the Term, (i) the replacement has been approved in advance and in writing by Landlord, not to be unreasonably withheld, and (ii) the property subject to replacement will become the property of Landlord pursuant to the terms of this Lease at the conclusion of the Term, then within ninety (90) days after the expiration of the Term, Landlord shall reimburse Tenant for the unamortized portion of the capital replacement calculated as follows: upon receipt of notice from Tenant of the need for such capital replacement, Landlord and Tenant shall cooperate to determine the estimated cost of such replacementrequest. The actual cost of the replacement, as documented by Tenant and subject to Landlord’s approval (which shall not be unreasonably withheld), shall be amortized over the useful life of such replacement as reasonably determined by Landlord on a straight line basis together with interest at the prime interest rate from time to time announced by Bank of America (or any successor financial institution). Tenant shall transfer to Landlord all of its rights and interests in any warranties, together with copies of the same, related to said replacement at the conclusion or earlier expiration of the Term. Tenant acknowledges that Landlord has the right, but not the obligation, to reduce the amount payable at the conclusion of the Term to Tenant pursuant to this paragraph by any amounts of Rent then due and payable to Landlord. Tenant shall hire its own cleaning contractor for the Premises. Notwithstanding anything to the contrary in this Lease, it It is expressly understood and agreed that that, except as otherwise provided in Article 12 and 13, Landlord shall have no liability will not be obligated during the Term of this Lease, to make any repairs, alterations, or responsibility for the storagereplacements, containment whether structural or disposal otherwise, of any Hazardous Substances generated, stored or contained by Tenant, Tenant hereby agreeing to store, contain and dispose of any and all such Hazardous Substances at Tenant’s sole cost and expense in accordance with the provisions of Article 9 hereof. Tenant acknowledges that the Parking Garage is open kind whatsoever to the general public and that access to the Parking Garage must be maintained open to the public through the main Building lobby and the common stairways and stairwells providing access to the Parking Garage from the lobby at all times during the Term, subject to matters described in Article 12. Stairways and stairwells and elevators serving the Parking Garage shall be differentiated and secured from stairways, stairwells and elevators serving the Building so that there is no direct access from the Parking Garage to the upper floors of the Building without entering the lobby. Notwithstanding anything to the contrary herein, such lobby shall be maintained by Tenant in a condition consistent with main building lobbies in Class A office buildings in the Seaport District of the City of Boston, MassachusettsPremises.

Appears in 1 contract

Samples: Net Lease (Colt Finance Corp.)

Repair and Maintenance. Except (a) Landlord shall be responsible for work that Section 10.03 or Article 12 requires Landlord the following repair, replacement and maintenance obligations: (i) maintenance and repair of the exterior of the Building, roof (including roof membrane) and structural portions of the Building, (ii) repairs, replacement, and maintenance of the Building systems, including, without limitation, electrical, mechanical, HVAC and plumbing and all controls appurtenant thereto, (iii) repairs, replacement and maintenance of any elevators in the Building, (iv) repair, replacement and maintenance of Common Areas, (v) alterations to do, Tenant at its sole cost and expense shall keep the Premises including without limitation all elevators; elevator shafts; heating, ventilation and air conditioning equipment; fixtures, systems and equipment of any type serving the Premises, and now or hereafter on the Premises, or elsewhere serving the Premises, in good order, condition and repair (and at least as good order, condition and repair as they are in on the Commencement Date or may be put in during the Term), normal wear and tear, casualty and condemnation (required under applicable Laws to the extent not the responsibility of Landlord Tenant pursuant to Article 12 Paragraph 5 or 6 hereof, (vi) excepted; shall keep in any repair, maintenance or improvements which could be treated as a safe"capital expenditure" under generally accepted accounting principles, secure and sanitary condition all trash and rubbish temporarily stored at (vii) any repair, maintenance or improvements which are a result of casualty or the Premises; and shall make all exercise of the power of eminent domain which are Landlord's responsibility under Paragraph 20 or 21, (viii) repairs and replacements and do all other work necessary for the foregoing purposes whether the same may be ordinary or extraordinaryof lighting equipment (including light bulbs), foreseen or unforeseen. The foregoing shall include without limitation Tenant’s obligation to (ix) any repair, maintainmaintenance or improvements which are required as a consequence of construction defects in Landlord's work or the Tenant Improvements, and replace floors and floor coverings(x) any repair, to paint and repair walls and doors, to replace and repair all glass in windows and doors maintenance or improvements for which Landlord has a right of reimbursement from others. As part of Landlord's maintenance of the Buildings (except glass in building systems, Landlord shall implement and carry out throughout the exterior walls term of the Buildings this Lease an ongoing program of regular and in exterior doors), ceiling tiles, lights and light fixtures, pipes, conduits, wires, drains and the like in the Premises and to make as and when needed as a result of misuse by, or neglect or improper conduct of Tenant or any Tenant Party or otherwise, all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall secure, pay for, and keep in force third-party maintenance and service contracts with appropriate and reputable service companies approved by Landlord (such approval not to be unreasonably withheld, conditioned or delayed) providing for the regular preventative maintenance of all elevatorsbuilding systems (such program to include the periodic replacement of HVAC filters in accordance with manufacturers' specifications and the monitoring of HVAC systems settings (i.e., elevator shafts, heating, ventilation percentage of outside air to ensure compliance with the specifications of the equipment manufacturers and air conditioning equipment, Building systems, the design of the HVAC system)) and shall in any event cause the Building life safety HVAC system including and indoor air quality of the emergency generator connected to Common Areas within the Building life safety system and the fire command center; and other elements Premises to meet for the entire term of this Lease the standards set forth in Standard 62-1989 ("Ventilation for Acceptable Indoor Air Quality "), including both the requirements of the Premises within Tenant’s repair Ventilation Rate Procedure and Indoor Air Quality Procedure and the maintenance responsibility that landlords requirements, recommendations and guidelines contained therein, promulgated by the American Society of Comparable Properties typically service Heating, Refrigerating and Air Conditioning Engineers ("ASHRAE"), and any applicable laws, ordinances, rules air regulations now in effect or thereafter promulgated by use of third-party service companies any governmental authority having jurisdiction over the Building or persons occupying or working in the Building relating to office building indoor air quality (collectively, the “Service Contracts”"Indoor Air Quality Standard"), copies of which . Landlord shall be provided make available to Tenant Landlord's records evidencing such maintenance efforts by Landlord, and Landlord shall cooperate with Tenant's efforts to monitor and to maintain the Indoor Air Quality Standard in the Premises. Tenant shall provide have the right, from time to time, to test the air quality within the Premises; if at any time air within the Premises or a portion thereof is determined to contain carbon dioxide in excess of 1,000 parts per million (PPM) (or such lesser amount as may then violate the applicable Indoor Air Quality Standard), at Tenant's request, Landlord in a timely manner will promptly make such periodic inspection reports (but no less frequently than annually) adjustments or alterations to the ventilation system serving the Premises as are prepared by reasonably necessary to be performed which will increase ventilation in the service providers under Premises such that carbon dioxide levels in the Service ContractsPremises are in compliance with the Indoor Air Quality Standard. Without limitationNotwithstanding the foregoing, Tenant shall be responsible for heating, ventilating and air-conditioning systems Tenant's Share of the costs described in this paragraph to the extent exclusively serving such costs are properly included in Expenses. (b) Tenant shall maintain and repair the interior portion of the Premises and Utility Services serving any Alterations installed by or on behalf of Tenant within the Premises, however, excluding any portions thereof which are structural in nature or which are the obligation of Landlord under Paragraph 7(a) (subject to Paragraphs 5 and 7(c)). Tenant shall be responsible for the expense of installation, operation, and maintenance of its telephone and other communications cabling from the point of entry into the Building to the Premises and throughout the Premises; though Landlord shall have the right to perform such work on behalf of Tenant in Common Areas. Tenant hereby waives and releases its right to make repairs at Landlord's expense under Paragraphs 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. In addition, Tenant hereby waives and releases its right to terminate this Lease under Paragraph 1932(1) of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. If Tenant fails after thirty (30) days' written notice by Landlord to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord at the expense of Tenant and the expenses thereof incurred by Landlord shall be reimbursed (with interest at the Default Rate from the Utility Switching Points. If anything required pursuant date Landlord incurs such cost) as Additional Charges within thirty (30) days after submission of a bill xx statement therefor. (c) The purpose of Paragraph 7(a) and 7(b) is to this Section 10.04(a) define the obligations of Landlord and Tenant to be repaired cannot be fully repaired or restored, Tenant upon prior notice to Landlord shall replace it at Tenant’s cost, even if perform various repair and maintenance functions; the benefit or useful life of such replacement extends beyond the Term provided, however that if, in the last three years allocation of the Termcosts therefor are covered under this Paragraph 7(c) and Paragraph 3. Tenant shall bear the full cost of repairs or maintenance, interior or exterior, structural or otherwise, to preserve the Premises and the Building in good working order and condition, arising out of (i) the replacement has been approved in advance and in writing by Landlordexistence, not to be unreasonably withheldinstallation, and use or operation of any Alterations, or any of Tenant's trade fixtures or personal property; (ii) the moving of Tenant's property subject or fixtures in or out of the Building or Project or in and about the Premises; or (iii) except to replacement will become the property extent any claims arising from any of Landlord the foregoing are reimbursed by insurance carried by Landlord, are covered by the waiver of subrogation in Paragraph 11 or are otherwise provided for in Paragraph 20, the acts, omissions or negligence of Tenant, or any of its servants, employees, contractors, agents, visitors, or licensees, or the particular use or particular occupancy or manner of use or occupancy of the Premises by Tenant or any such person (as opposed to general office use). Any Alterations required with respect to Tenant's responsibilities pursuant to this Paragraph 7(c) shall be made in accordance with Paragraph 6. (d) Except to the terms of this Lease at the conclusion extent any claims arising from any of the Termforegoing are reimbursed by rental abatement insurance carried by Landlord, then within ninety (90) days after are covered by the expiration waiver of the Termsubrogation in Paragraph 11 or are otherwise provided for in Paragraph 20, there shall be no abatement of Rent with respect to, and except for Landlord's active negligence or willful misconduct, Landlord shall reimburse Tenant not be liable for the unamortized any injury to or interference with Tenant's business arising from, any repairs, maintenance, alteration or improvement in or to any portion of the capital replacement calculated as follows: upon receipt of notice from Tenant of the need for such capital replacementBuilding, Landlord and Tenant shall cooperate to determine the estimated cost of such replacement. The actual cost of the replacement, as documented by Tenant and subject to Landlord’s approval (which shall not be unreasonably withheld), shall be amortized over the useful life of such replacement as reasonably determined by Landlord on a straight line basis together with interest at the prime interest rate from time to time announced by Bank of America (or any successor financial institution). Tenant shall transfer to Landlord all of its rights and interests in any warranties, together with copies of the same, related to said replacement at the conclusion or earlier expiration of the Term. Tenant acknowledges that Landlord has the right, but not the obligation, to reduce the amount payable at the conclusion of the Term to Tenant pursuant to this paragraph by any amounts of Rent then due and payable to Landlord. Tenant shall hire its own cleaning contractor for including the Premises. Notwithstanding anything , or in or to the contrary in this Leasefixtures, it is expressly understood appurtenances and agreed that Landlord shall have no liability or responsibility for the storage, containment or disposal of any Hazardous Substances generated, stored or contained by Tenant, Tenant hereby agreeing to store, contain and dispose of any and all such Hazardous Substances at Tenant’s sole cost and expense in accordance with the provisions of Article 9 hereof. Tenant acknowledges that the Parking Garage is open to the general public and that access to the Parking Garage must be maintained open to the public through the main Building lobby and the common stairways and stairwells providing access to the Parking Garage from the lobby at all times during the Term, subject to matters described in Article 12. Stairways and stairwells and elevators serving the Parking Garage shall be differentiated and secured from stairways, stairwells and elevators serving the Building so that there is no direct access from the Parking Garage to the upper floors of the Building without entering the lobby. Notwithstanding anything to the contrary herein, such lobby shall be maintained by Tenant in a condition consistent with main building lobbies in Class A office buildings in the Seaport District of the City of Boston, Massachusettsequipment therein.

Appears in 1 contract

Samples: Sublease (Cosine Communications Inc)

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