Common use of Repair and Maintenance Clause in Contracts

Repair and Maintenance. Except for work that Section 10.03 requires Landlord to do and subject to Section 16.09, Tenant, at its sole cost and expense: shall keep the Premises (including all Initial Tenant Work, other Tenant Work, Tenant Property, and all fixtures, systems and equipment now or hereafter on the Premises or elsewhere 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 at least as good order, condition and repair as they are in on the Delivery Date or may be thereafter put in during the Term, reasonable wear and tear, damage caused by fire, other casualty or taking (which is dealt with below) and damage caused by the negligence or willful misconduct of Landlord, Landlord’s agents, employees, or contractors excepted; shall keep in a 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. Without limitation, Tenant shall be responsible for the maintenance, repair 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 Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed) providing for the regular maintenance of such systems to the extent that such systems exclusively serve the Premises. All repairs and replacements required to be made by Tenant hereunder shall be equal in quality and class to the original work. No storage shall be permitted outside of the Premises except as otherwise expressly provided in this Lease. Storage inside the Premises shall be provided in a manner not visible from outside the Premises.

Appears in 2 contracts

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

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Repair and Maintenance. Except for work that Section 10.03 requires Landlord to do Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the floor or floors of the Building on which the Premises is located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to Section 16.09the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at its sole cost Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and expense: shall keep the Premises (including all Initial Tenant Work, other Tenant Work, Tenant Propertyreplacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all fixturesoverhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building (the “Building Structure”), and the “Base Building” (as that term is defined in Section 8.2, below) systems and equipment now or hereafter on (including the Premises or elsewhere Base Building HVAC, mechanical, electrical, plumbing and vertical transportation system of the Building that exclusively serve existed as of July 1, 2015) (the Premises regardless “Building Systems”) (the cost of whether or not which shall be included in Operating Expenses to the same are part of a Building Systemextent allowed pursuant to Section 4.2.4, above), together with any Limited Common Elements (or portions thereof) with respect except 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 at least as good order, condition and repair as they extent that such repairs are in on the Delivery Date or may be thereafter put in during the Term, reasonable wear and tear, damage caused by fire, other casualty or taking (which is dealt with below) and damage caused by required due to the negligence or willful misconduct of LandlordTenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s agents, employees, or contractors excepted; shall keep in a 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. Without limitationinsurance, Tenant shall only be responsible for obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the maintenancePremises at all reasonable times to make such repairs, repair and replacement alterations, improvements or additions to all or any portion 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 Tenant the Base Building, the Base Building systems, or the Project as Landlord shall securedesire or deem necessary, pay for, and keep in force contracts with appropriate and reputable service companies approved by or as Landlord (which approval shall not may be unreasonably withheld, conditioned or delayed) providing for the regular maintenance of such systems to the extent that such systems exclusively serve the Premises. All repairs and replacements required to be made do under Applicable Laws, or by governmental or quasi-governmental authority, or by court order or decree. Tenant hereunder shall be equal in quality hereby waives any and class to the original work. No storage shall be permitted outside all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the Premises except as otherwise expressly provided California Civil Code or under any similar law, statute, or ordinance now or hereafter in this Lease. Storage inside the Premises shall be provided in a manner not visible from outside the Premiseseffect.

Appears in 2 contracts

Samples: Sublease Agreement (Oportun Financial Corp), Sublease Agreement (Oportun Financial Corp)

Repair and Maintenance. Except for work that Section 10.03 requires Landlord to do and subject to Section 16.09, Tenant, at its sole cost and expense: shall keep the Premises (including all Initial Tenant Work, other Tenant Work, Tenant Property, and all fixtures, systems and equipment now or hereafter on the Premises or elsewhere 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 at least as good order, condition and repair as they are in on the Delivery Date or may be thereafter put in during the Term, reasonable wear and tear, damage caused by fire, other casualty or taking (which is dealt with below) and damage caused by the negligence or willful misconduct of Landlord, Landlord’s agents, employees, or contractors excepted; shall keep in a 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. Without limitation, Tenant shall be responsible for the maintenance, repair 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 Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed) providing for the regular maintenance of such systems to the extent that such systems exclusively serve the Premises. All repairs and replacements required to be made by Tenant hereunder shall be equal in quality and class to the original work. No storage shall be permitted outside of the Premises except as otherwise expressly provided in this Lease. Storage inside the Premises shall be provided in a manner not visible from outside the Premises.

Appears in 1 contract

Samples: Lease Agreement (SQZ Biotechnologies Co)

Repair and Maintenance. Except for work that Section 10.03 requires Landlord to do and subject to Section 16.09, Tenant, at its sole cost and expense: Tenant shall keep the Premises including, without limitation, the roof, structure, exterior walls, the heating, ventilation and air conditioning system (including all Initial Tenant Work, other Tenant Work, Tenant Property, the “HVAC Systems”) and all fixturesplumbing, systems electrical, mechanical and other fixtures and equipment now or hereafter on the Premises or elsewhere that exclusively serve the Premises regardless of whether or not therein in 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 at least as good order, condition and repair as they are in on the Delivery Commencement Date or may be thereafter put in during the TermInitial or Extension Terms, reasonable use, wear and tear, damage caused by fire, fire and other casualty or and taking (which is dealt with below) and damage caused by the negligence or willful misconduct of Landlord, Landlord’s agents, employees, or contractors eminent domain only excepted; shall keep in a secure and sanitary condition all trash and rubbish temporarily stored at the Premises; and shall make all repairs and repairs, alterations, additions or replacements (each, a “Capital Improvement”) and do all other work necessary for the foregoing purposes. Notwithstanding the foregoing, whether Landlord shall, at Landlord’s sole cost and expense, be responsible for correcting any underground or underslab latent defects in the same may be ordinary Premises and for making all Capital Improvements which are required to keep the Building’s roof, walls (both exterior and load bearing), foundation and floor slab in good order, condition and repair and free of defects, provided that Tenant notifies Landlord of any malfunction, failure or extraordinarydefect in writing prior to the third (3rd) anniversary of the Commencement Date, foreseen and further provided that such malfunction, failure or unforeseen. Without limitationdefect was not caused by the act of Tenant or any of its contractors, agents or invitees, and further provided that Tenant shall be responsible for the maintenance, repair and replacement of making 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 Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed) providing for the regular maintenance of such systems ordinary repairs to the extent that Building’s roof during such systems exclusively serve the Premisesthree (3) year period. All repairs and replacements At Tenant’s election, any Capital Improvement required to be made by Tenant hereunder under this subsection or under subsection 4.1(d) below may be funded either by Tenant directly or by Landlord, provided that in the latter event, the Annual Rent shall be increased by an amount necessary to amortize the cost of such Capital Improvement over the useful life thereof, utilizing an annual interest rate equal in quality and class to the original workthen prime rate of Bank of America (or its successor) plus two percent (2%). No storage Snow and ice removal shall be permitted outside the sole responsibility of the Premises except as otherwise expressly provided in this Lease. Storage inside the Premises shall be provided in a manner not visible from outside the PremisesTenant.

Appears in 1 contract

Samples: Lease (Gsi Group Inc)

Repair and Maintenance. Except for work that Section 10.03 requires Landlord to do To keep and subject to Section 16.09, Tenant, at its sole cost and expense: shall keep maintain the Premises (including all Initial Tenant Work, other Tenant Work, Tenant Property, and all fixtures, systems and equipment now or hereafter on the Premises or elsewhere 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 at least as good order, condition and repair repair, including, without limitation, the roof of the Initial Building (and the Expansion Building, as they are the case may be), but not the structural components thereof, the heating, ventilating, plumbing, electrical, air-conditioning, lighting, interior mechanical systems, and all doors, door frames, and door openers, and all windows, frames and plate glass and the parking areas, driveways, landscaping and the utility facilities located on and serving the Premises and prior to the Expansion Lot being made a part of the Premises, located in the Lot 1 Exclusive Parking Areas (as defined and referred to in the Cross-Easement Agreement) on the Delivery Date Expansion Lot in accordance with the standards set forth in the Cross-Easement Agreement, except for (a) reasonable use and wear, (b) damage resulting from Casualty or may be thereafter put in during the Term, reasonable wear and tear, damage caused by fire, other casualty or taking Taking (which shall instead be governed by Article VI), (c) portions of the Premises that Landlord is dealt obligated to repair and maintain in accordance with belowSection 4.4, and (d) damage resulting from the negligent or other acts or omissions of Landlord or Landlord's Parties ("Landlord's Negligence") (Landlord hereby agreeing, subject to the waiver of subrogation provisions of Section 4.2.2.5 and damage caused in the case of a Casualty or Taking subject to the provisions of Article VI, to perform at Landlord's sole expense any repair or maintenance to the Premises made necessary by the negligence or willful misconduct of Landlord, Landlord’s agents, employees, or contractors excepted's Negligence); shall to keep in a safe, secure and sanitary condition all trash and rubbish temporarily stored at the Premises; to arrange for and shall be responsible for all of the costs of a trash and rubbish removal service in connection with Tenant's use of the Premises; and to make all interior and exterior repairs and replacements (which shall not include replacements of the structural components, foundation, or structural components of the roof of the Initial Building and/or Expansion Building, as the case may be), which are required to keep the Premises in good order, condition and repair as required hereunder, and to do all other work necessary for the foregoing purposes, purposes whether the same may be ordinary or extraordinary, foreseen or unforeseen. Without limitationThe exception of reasonable use and wear shall not apply so as to permit Tenant to keep the Premises in anything less than suitable, Tenant shall be responsible for the maintenance, repair and replacement of all plumbing, heating, ventilating and airtenant-conditioning systems and other mechanical systems (whether or not part of the Building Systems) wherever located that exclusively serve the Premiseslike, and Tenant shall secure, pay for, efficient and keep in force contracts with appropriate usable condition and reputable service companies approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed) providing for repair considering the regular maintenance of such systems to the extent that such systems exclusively serve the Premises. All repairs and replacements required to be made by Tenant hereunder shall be equal in quality and class to the original work. No storage shall be permitted outside nature of the Premises except as otherwise expressly provided in this Lease. Storage inside and the Premises shall be provided in a manner not visible from outside the Premisesuse reasonably made thereof.

Appears in 1 contract

Samples: Lease (Arqule Inc)

Repair and Maintenance. Except for work that Section 10.03 requires Landlord to do Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta‑hot dispensers), and the floor or floors of the Building on which the Premises is located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to Section 16.09the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at its sole cost Landlord's option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and expense: shall keep the Premises (including all Initial Tenant Work, other Tenant Work, Tenant Propertyreplacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all fixturesoverhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building (the "Building Structure"), and the "Base Building" (as that term is defined in Section 8.2, below) systems and equipment now or hereafter on (including the Premises or elsewhere Base Building HVAC, mechanical, electrical, plumbing and vertical transportation system of the Building that exclusively serve existed as of July 1, 2015) (the Premises regardless "Building Systems") (the cost of whether or not which shall be included in Operating Expenses 00 XXX XXXXXX STAR WAY(Single-Tenant Lease Form)[Rovi Corporation] to the same are part of a Building Systemextent allowed pursuant to Section 4.2.4, above), together with any Limited Common Elements (or portions thereof) with respect except 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 at least as good order, condition and repair as they extent that such repairs are in on the Delivery Date or may be thereafter put in during the Term, reasonable wear and tear, damage caused by fire, other casualty or taking (which is dealt with below) and damage caused by required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense, or, if covered by Landlord, Landlord’s agents, employees, or contractors excepted; shall keep in a 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. Without limitation's insurance, Tenant shall only be responsible for obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the maintenancePremises at all reasonable times to make such repairs, repair and replacement alterations, improvements or additions to all or any portion 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 Tenant the Base Building, the Base Building systems, or the Project as Landlord shall securedesire or deem necessary, pay for, and keep in force contracts with appropriate and reputable service companies approved by or as Landlord (which approval shall not may be unreasonably withheld, conditioned or delayed) providing for the regular maintenance of such systems to the extent that such systems exclusively serve the Premises. All repairs and replacements required to be made do under Applicable Laws, or by governmental or quasi-governmental authority, or by court order or decree. Tenant hereunder shall be equal in quality hereby waives any and class to the original work. No storage shall be permitted outside all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the Premises except as otherwise expressly provided California Civil Code or under any similar law, statute, or ordinance now or hereafter in this Lease. Storage inside the Premises shall be provided in a manner not visible from outside the Premiseseffect.

Appears in 1 contract

Samples: Lease Agreement (Rovi Corp)

Repair and Maintenance. Except for work that Section 10.03 requires Landlord to do Throughout the Lease Term the Tenant shall: (a) maintain the Unit and subject to Section 16.09, Tenant, at its sole cost all devices and expense: shall keep the Premises equipment therein in good condition and working order allowing their full usage. (including all Initial Tenant Work, other Tenant Work, Tenant Property, and b) replace all fixtures, systems fittings and other equipment now of the Unit and any components thereof or hereafter on consumables not listed in Schedule 3 (including equipment belonging to the Premises Tenant) which is damaged, worn out, or elsewhere that exclusively serve the Premises regardless otherwise in need of whether or not replacement, with new items of the same are part of a Building System)type and quality, 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 however accepting the inner surfaces of walls within the Premises, in at least as good order, condition and repair as they are in on the Delivery Date or may be thereafter put in during the Term, reasonable normal wear and tear, provided that the Tenant shall also be entitled to replace such fixtures, fittings and other equipment of the Unit for an appropriate substitute subject to always acting in accordance with binding provisions of the law and good construction practice. (c) keep the Unit clean and tidy, and shall not keep any rubbish there any longer than is necessary, nor dump it anywhere in the Development other than in the rubbish bins, skips or other containers provided for that purpose in areas designated by the Landlord from time to time. (d) not damage caused any parts of the Building or Unit, and in case of damage it shall repair it immediately at its own expense. In the case when the Tenant has failed to execute or has inappropriately executed obligations resulting from this item 5.4, the Landlord upon prior setting forth a deadline for proper execution and its ineffective expiry shall be able to carry out all necessary repairs or cleaning at the Tenant’s expense. However, if the fact that the obligations mentioned above have not been executed or have been inappropriately executed by firethe Tenant presents a threat of damage for the Development, Building, Unit, or difficulties for other casualty tenants in the Development, then the Landlord shall be entitled to carry out all necessary repairs or taking cleaning at the expense of the Tenant without the prior calling to properly execute the obligations. Notwithstanding the above: (which is dealt i) the Tenant shall not be responsible for any maintenance, repair or replacement of any structural parts of the Building (understood as the exterior walls, the foundations and the roof system only); with below) and damage the exception of damages caused by the negligence or willful misconduct Tenant, (ii) the above obligations of Landlordthe Tenant to do any repairs shall commence upon the expiry of the warranty period for each of the devices and equipment, Landlord’s agents, employees, or contractors excepted; shall keep in a secure and sanitary condition all trash and rubbish temporarily stored at however 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. Without limitation, Tenant shall always be responsible under a duty to ensure that such repairs are carried out by the relevant contractor/manufacturer granting the warranty, The Landlord will obtain a minimum 24 months warranty for all works, Machinery and equipment of the maintenanceBuilding and Unit. Warranty periods for all individual elements of the Building and Unit will be indicated in schedule attached to Delivery Protocol. In case of any need to repair, repair replace or fix any of the above during the initial 24 months or the relevant warranty period if it is longer than 24 months, the Landlord shall ensure that these actions are undertaken by the contractor granting the warranty or by the Landlord and replacement no cost of all plumbing, heating, ventilating and air-conditioning systems and other mechanical systems (whether or not such actions shall be borne by the Tenant as part of the Building Systems) wherever located that exclusively serve Service Charge unless the Premises, and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies approved damage has been caused by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed) providing for the regular maintenance of such systems to the extent that such systems exclusively serve the Premises. All repairs and replacements required to be made by Tenant hereunder shall be equal in quality and class to the original work. No storage shall be permitted outside of the Premises except as otherwise expressly provided in this Lease. Storage inside the Premises shall be provided in a manner not visible from outside the PremisesTenant.

Appears in 1 contract

Samples: Lease Agreement (Sauer Danfoss Inc)

Repair and Maintenance. Except Tenant shall, during the term of this Lease, maintain the Premises in neat and clean order and condition, shall purchase and install (in accordance with Building standards) all tubes, bulbs, starters and ballasts for work lighting fixtures in the Premises and shall perform all daily cleaning and perform all repairs to the Premises and all fixtures, systems, and equipment therein (including Tenant’s equipment and other personal property and any HVAC equipment serving all or any portion of the Premises (“Separate HVAC Equipment”)) as are necessary to keep them in good and clean working order, appearance and condition, reasonable use and wear thereof and damage by fire or by unavoidable casualty only excepted and shall replace any damaged or broken glass in windows and doors of the Premises (except glass in the exterior walls of the Building) with glass of the same quality as that Section 10.03 requires Landlord damaged or broken. Tenant shall provide to do Landlord, within five (5) days of Landlord’s written request, copies of all service records and subject service contracts for any equipment located in or serving the Premises. Notwithstanding anything to Section 16.09the contrary contained in this Lease, Tenantduring the term of this Lease, Tenant shall also be responsible for, at its Tenant’s sole cost and expense: shall keep , the Premises (including all Initial Tenant Work, other Tenant Work, Tenant Property, and all fixtures, systems and equipment now or hereafter on the Premises or elsewhere 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 at least as good order, condition regular maintenance and repair as they are in on of (a) the Delivery Date or may be thereafter put in during the Term, reasonable wear and tear, damage caused by fire, other casualty or taking (which is dealt with below) and damage caused by the negligence or willful misconduct of Landlord, Landlord’s agents, employees, or contractors excepted; shall keep in a 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. Without limitation, Tenant shall be responsible for the maintenance, repair and replacement of all plumbing, heating, ventilating and air-conditioning systems and other mechanical systems (whether or not part roof of the Building Systemsand (b) wherever located that exclusively serve the PremisesHVAC system serving the Building. Notwithstanding the foregoing, during the term of this Lease, if (i) replacement of such roof is required, as reasonably determined by an independent engineer selected by Landlord, Landlord shall replace such roof, at Landlord’s sole cost and Tenant shall secure, pay for, expense (and keep in force contracts with appropriate and reputable service companies approved by Landlord (which approval such costs shall not be unreasonably withheldincluded in Operating Costs), conditioned or delayed) providing for the regular maintenance so long as such replacement is not required as a result of Tenant’s use of such systems roof pursuant to Subsection 6.2.5 or Tenant’s failure to maintain such roof pursuant to the extent that such systems exclusively serve the Premises. All terms of this Subsection 6.1.3, and (ii) any repairs and replacements (or replacement) are required to be made such HVAC system, as reasonably determined by Tenant hereunder shall be equal in quality Landlord, and class to the original work. No storage shall be permitted outside of the Premises except as otherwise expressly provided in this Lease. Storage inside the Premises shall be provided in a manner not visible from outside the Premises.such repairs (or replacement) would cost more

Appears in 1 contract

Samples: Lease Agreement (Cytek BioSciences, Inc.)

Repair and Maintenance. (a) Landlord shall, subject to the casualty provisions of Paragraph 9, maintain the (i) Common Area and service areas of the Project, ( ii) roof, foundation, exterior windows and load-bearing items of the Building; (iii) exterior (located outside the Leased Premises) surfaces of walls; (iv) plumbing, pipes and conduits located in the Common Area or service areas of the Project; and (v) the Buildings central heating, ventilation and air conditioning, electrical, mechanical and plumbing systems, landlord is not required to make any repair in connection with or resulting from (1) any alteration or modification to the Leased Premises or to Building equipment performed by, for or because of Tenant or to special equipment or systems, installed by, for or because of Tenant, (2) the installation, use or operation of Tenant's property, fixtures, and equipment, (3) the moving of Tenant's property in or out of the Building, or in and about the Leased Premises, (4) Tenant's use or occupancy of the Leased Premises in violation of Paragraph 6 or in a manner set out in this Lease (e.g. subsequent installation of special use rooms), (5) the acts or omissions of Tenant and Tenant's employees, agents, invitees, subtenants, licensees or contractors, or (6) fire or other casualty, except as provided in Paragraph 9. Depending on the nature of repairs undertaken by Landlord, the cost of the repairs will be borne solely by Landlord (if required to be under the terms of the Lease) or will be reimbursed to Landlord either by a particular tenant or tenants or by all tenants as part of the Operating Expenses. (b) Except for work that Section 10.03 requires janitorial services provided by Landlord to do and landlord's obligations under Paragraph I(b) and 8(a), and subject to Section 16.09the terms of Paragraph 15. Tenant shall maintain the Leased Premises, including all fixtures installed by Tenant, at its sole cost in good and expense: shall keep the Premises (including all Initial Tenant Work, other Tenant Work, Tenant Property, and all fixtures, systems and equipment now or hereafter on the Premises or elsewhere 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 at least as good order, tenantable condition and repair as they are in on the Delivery Date or may be thereafter put in during the Term, reasonable wear and tear, damage caused by fire, other casualty or taking (which is dealt with below) and damage caused by the negligence or willful misconduct of Landlord, Landlord’s agents, employees, or contractors excepted; shall keep in a secure and sanitary condition all trash and rubbish temporarily stored at the Premises; and shall promptly make all reasonably necessary non­structural repairs and replacements and do all thereto except those caused by fire or other work necessary for the foregoing purposes, whether the same may be ordinary or extraordinary, foreseen or unforeseen. Without limitation, Tenant shall be responsible for the maintenance, repair and replacement of all plumbing, heating, ventilating and air-conditioning systems and other mechanical systems (whether or not part of casualty covered by insurance on the Building Systems) wherever located that exclusively serve under policies naming Landlord as the Premisesinsured. all at Tenant's sole expense, under the supervision and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies approved by Landlord (which the reasonable approval shall not be unreasonably withheld, conditioned or delayed) providing for the regular maintenance of such systems to the extent that such systems exclusively serve the PremisesLandlord. All Such repairs and replacements required to be made by Tenant hereunder shall be equal in quality and class equal to the original work. No storage shall be permitted outside Without diminishing such obligations of Tenant, if Tenant fails to make such repairs or replacements within fifteen (15) days after the occurrence of the Premises except damage or injury, Landlord may at its option (after prior written notice to Tenant) make such repair and Tenant shall pay Landlord for the reasonable cost thereof upon demand, plus interest thereon, as otherwise expressly provided in this Lease, from demand until payment. Storage inside In addition, Tenant shall pay the cost of repair and replacement due to damage or injury done to the Building or any part thereof or any part of the Project, by Tenant or Tenant's agents, employees, contractors, licensees or invitees. Such amount shall be paid by Tenant to Landlord within five (5) business days, after written demand, plus interest thereon, as provided in this Lease, from demand until payment. Upon termination of this Lease, Tenant will surrender the Leased Premises to Landlord in the same condition in which they existed at the commencement of the Lease or as subsequently Unproved by Landlord or Tenant, excepting only ordinary wear and tear and damage arising from any cause required hereunder to be repaired at Landlord's expense. (c) If there now is or shall be installed in the Building a "sprinkler system" and such systems or any of its appliances shall be damaged or injured or not in perfect working order by reason of any act or omission of Tenant, Tenant's agents, servants, employees, contractors, licensees or invitees, Tenant shall forthwith restore same to good working condition at its own expense under the supervision and with the approval of Landlord; and if any bureau, department or official oldie state or city government require or recommend that any changes, modifications or alterations be made or that sprinkler heads and equipment be supplied by reason of Tenant's business, or the location of partitions, trade Fixtures or other contents of the Leased Premises. Tenant shall, at Tenant's expense, promptly make and supply such changes, or modifications, alterations, additional sprinkler heads or other equipment. (d) Tenant acknowledges that after it has inspected the Leased Premises and Tenant's taking possession of the Leased Premises shall be provided conclusive evidence as against the Tenant that the Leased Premises were in good order and satisfactory condition when the Tenant took possession. No promise of the Landlord to alter, remodel, repair or improve the Leased Premises or the Building and no representation respecting the condition of the Leased Premises or the Building have been made by Landlord to Tenant, other than as may be contained herein or in a manner not visible from outside the Premisesseparate Work Letter agreement signed by Landlord and, Tenant.

Appears in 1 contract

Samples: Office Building Lease (Deep Down, Inc.)

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Repair and Maintenance. Except for work that Section 10.03 or Article 12 requires Landlord to do and subject to Section 16.09(or as otherwise may be required of Landlord under this Lease), Tenant, Tenant at its sole cost and expense: expense shall keep the Premises (including including, without limitation, all Initial Tenant WorkImprovements, other Tenant Work, Tenant Property, and all Tenant’s Supplemental HVAC, make-up air systems, fixtures, systems and equipment now or hereafter on in the Premises (excluding the VAV boxes in the office portions of the Premises), or elsewhere 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 serving the Premises, in at least as good orderworking order (subject to the yield-up provisions of Section 10.07 below), condition and repair as they are in on the Delivery Date or may be thereafter put in during the Termrepair, reasonable wear and tear, damage caused by fire, tear and fire or other casualty or taking (which is dealt with below) and damage caused by the negligence or willful misconduct of 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. Without The foregoing shall include, without limitation, Tenant’s obligation to maintain floors and floor coverings, to paint and repair walls and doors, to replace and repair all interior glass and windows, ceiling tiles, lights and light fixtures, pipes, drains and the like in the Premises. 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; or (v) takings or eminent domain proceedings of governmental authorities. Tenant shall hire its own cleaning contractor for the Premises and shall provide first-class janitorial service in the Premises on each business day during the Term (including daily disposal of trash from trash bins in the Premises). Tenant shall arrange for its own appropriately sized dumpster, and shall locate the same in the vicinity of Tenant’s loading bay in a location and manner reasonably approved by Landlord. If applicable, Tenant shall be responsible arrange for the maintenance, repair and replacement disposal of its own lab-related refuse by a licensed vendor in accordance with 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 Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed) providing for the regular maintenance of such systems to the extent that such systems exclusively serve the Premises. All repairs and replacements required to be made by Tenant hereunder shall be equal in quality and class to the original workapplicable Legal Requirements. No storage or Environmental Substances shall be permitted outside of the Premises Premises, except as otherwise expressly provided in this LeaseSection 9.04. Storage inside the Premises shall be provided in a 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 no 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 (Concert Pharmaceuticals, Inc.)

Repair and Maintenance. Except (a) Landlord shall be responsible for work that Section 10.03 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 and subject to Section 16.09, Tenant, at its sole cost and expense: shall keep the Premises required under applicable Laws to the extent not the responsibility of Tenant pursuant to Paragraph 5 or 6 hereof, (vi) any repair, maintenance or improvements which could be treated as a “capital expenditure” under generally accepted accounting principles, (vii) any repair, maintenance or improvements which are a result of casualty or the exercise of the power of eminent domain which are Landlord’s responsibility under Paragraph 20 or 21, (viii) repairs and replacements of lighting equipment (including light bulbs), (ix) any repair, maintenance or improvements which are required as a consequence of construction defects, in Landlord’s work or the Tenant Improvements, (x) any repair, maintenance or improvements for which Landlord has a right of reimbursement from others. As part of Landlord’s maintenance of the building systems, Landlord shall implement and carry out throughout the term of this Lease an ongoing program of regular and preventative maintenance of all Initial Tenant Workbuilding 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., other Tenant Workpercentage of outside air to ensure compliance with the specifications of the equipment manufacturers and the design of the HVAC system)) and shall in any event cause the Building HVAC system and indoor air quality of the Common Areas within the Building and the Premises to meet for the entire term of this Lease the standards set forth in Standard 62-1989 (“Ventilation for Acceptable Indoor Air Quality”), Tenant Propertyincluding both the requirements of the Ventilation Rate Procedure and Indoor Air Quality Procedure and the maintenance requirements, recommendations and guidelines contained therein, promulgated by the American Society of Heating, Refrigerating and Air Conditioning Engineers (“ASHRAE”), and all fixturesany applicable laws, systems ordinances, rules air regulations now in effect or thereafter promulgated by 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 “Indoor, air Quality Standard”). Landlord shall make available to Tenant Landlord’s records evidencing such maintenance efforts by Landlord, and equipment now or hereafter on Landlord shall cooperate with Tenant’s efforts to monitor and to maintain the Indoor Air Quality Standard in the Premises. Tenant shall have the right, from time to time, to test the air quality within the Premises; if at any time air within the Premises or elsewhere that exclusively serve 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 will promptly make such adjustments or alterations to the ventilation system serving the Premises regardless of whether or not as are reasonably necessary to be performed which will increase ventilation in 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 Premises such that carbon dioxide levels in the inner surfaces of walls within the Premises, in at least as good order, condition and repair as they Premises are in on compliance with the Delivery Date or may be thereafter put in during Indoor Air Quality Standard. Notwithstanding the Term, reasonable wear and tear, damage caused by fire, other casualty or taking (which is dealt with below) and damage caused by the negligence or willful misconduct of Landlord, Landlord’s agents, employees, or contractors excepted; shall keep in a 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. Without limitationforegoing, Tenant shall be responsible for the maintenance, repair and replacement of all plumbing, heating, ventilating and air-conditioning systems and other mechanical systems (whether or not part Tenant’s Share of the Building Systemscosts described in this paragraph to the extent such costs are properly included in Expenses. (b) wherever located that exclusively serve Tenant shall maintain and repair the interior portion of the Premises and 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 securebe responsible for the expense of installation, pay foroperation, and keep 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 force contracts with appropriate Common Areas. Tenant hereby waives and reputable service companies approved 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 (which approval shall not be unreasonably withheld, conditioned or delayed) providing for the regular maintenance of such systems to the extent that such systems exclusively serve the Premises. All proceed with due diligence to make repairs and replacements required to be made by Tenant, the same may be made by Landlord at the expense of Tenant hereunder and the expenses thereof incurred by Landlord shall be equal reimbursed (with interest at the Default Rate from the date Landlord incurs such cost) as Additional Charges within thirty (30) days after submission of a bxxx or statement therefor. (c) The purpose of Paragraph 7(a) and 7(b) is to define the obligations of Landlord and Tenant to perform various repair and maintenance functions; the allocation of the costs 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 quality good working order and class condition, arising out of (i) the existence, installation, use or operation of any Alterations, or any of Tenant’s trade fixtures or personal property; (ii) the moving of Tenant’s property or fixtures in or out of the Building or Project or in and about the Premises; or (iii) except to the original work. No storage shall be permitted outside extent any claims arising from any of 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 except by Tenant or any such person (as otherwise expressly provided in opposed to general office use). Any Alterations required with respect to Tenant’s responsibilities pursuant to this Lease. Storage inside the Premises Paragraph 7(c) shall be made in accordance with Paragraph 6. (d) Except to the extent any claims arising from any of the foregoing are reimbursed by rental abatement insurance carried by Landlord, are covered by the waiver of subrogation in Paragraph 11 or are otherwise provided for in a manner Paragraph 20, there shall be no abatement of Rent with respect to, and except for Landlord’s active negligence or willful misconduct, Landlord shall not visible from outside be liable for any injury to or interference with Tenant’s business arising from, any repairs, maintenance, alteration or improvement in or to any portion of the Building, including the Premises, or in or to the fixtures, appurtenances and equipment therein.

Appears in 1 contract

Samples: Sublease (DemandTec, Inc.)

Repair and Maintenance. Except for work that Section 10.03 requires Landlord Subject to do the provisions of Sections 9 (Damage and subject to Section 16.09Destruction) and 14 (Condemnation) and Paragraph 2 of this Addendum, TenantLessee shall, at its Lessee's sole cost and expense and at all times, maintain and repair.the non-structural Premises and every part thereof, including without limitation, all equipment or facilities serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinklers, fixtures, walls (interior), ceilings, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent to the Premises (whether or not such portion of the Premises requiring repairs or the means of repairing the same, are reasonably accessible to Lessee) but only to the extent the repairs and/or maintenance are required by Lessee for Lessee's or Lessee's Affiliates' use of the Premises; provided, however, in the event any single repair (and not ordinary maintenance) costs in excess of $3,000.00, the portion of such repair in excess of $3,000.00 shall be Lessor's responsibility at Lessor's sole cost and expense: shall keep the Premises (including all Initial Tenant Work; provided, other Tenant Workfurther, Tenant Property, and all fixtures, systems and equipment now or hereafter on the Premises or elsewhere 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 Premiseshowever, in at least as good orderthe event the cumulative cost incurred by Lessee of individual repairs which cost in excess of $2,000.00 ("Over $2,000.00 Repairs") exceeds $20,000.00, condition and repair as they are in on the Delivery Date or may be thereafter put in during the Term, reasonable wear and tear, damage caused by fire, other casualty or taking (which is dealt with below) and damage caused by the negligence or willful misconduct of Landlord, Landlord’s agents, employees, or contractors excepted; shall keep in a 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. Without limitation, Tenant Lessor shall be responsible for the maintenanceportion of the aggregate of the Over $2,000.00 Repairs which exceeds $20,000.00, at Lessor's sole cost and expense. Notwithstanding anything to the contrary, in no event shall Lessor be obligated to make any repair unless Lessee is operating from the Premises, in no event shall Lessor be obligated to make any repair unless the Lessor's failure to make such of repair will materially adversely affect Lessee's operations from the Premises and replacement in no event shall Lessor be obligated to make any non-structural repairs that are necessitated as the result of the acts of Lessee or Lessee's Affiliates (other than as a result of normal wear and tear). Lessee shall not cause or permit Lessee's Affiliates to cause any Hazardous Substance to be spilled or released in, on, under or about the Premises (including through the plumbing or sanitary sewer system) and shall promptly, at Lessee's expense, take all plumbinginvestigatory and/or remedial action reasonably recommended, heating, ventilating and air-conditioning systems and other mechanical systems (whether or not part formally ordered or required, for the clean-up of any contamination of, and for the Building Systems) wherever located that exclusively serve maintenance, security and/or monitoring of the Premises, the elements surrounding same, or neighboring properties, that was caused or materially contributed to by Lessee or Lessee's Affiliates, or pertaining to or involving any Hazardous Substance and/or storage tank brought on to the Premises by or for Lessee or Lessee's Affiliates. Notwithstanding anything to the contrary contained herein, in the event any repairs or maintenance are necessitated to the structure, roof or the exterior walls of the Premises, such shall be repaired and Tenant maintained by Lessor at Lessor's sole cost and expense. Notwithstanding the foregoing, Lessee shall secure, pay for, be required to (i) repair any and keep in force contracts with appropriate all non-structural portions of the Premises where such repairs are necessitated due to the acts of Lessee and reputable service companies approved by Landlord Lessee's Affiliates (which approval shall not be unreasonably withheld, conditioned or delayed) providing for the regular maintenance other than as a result of such systems normal wear and tear and only to the extent that such systems exclusively serve the Premises. All repairs not covered by insurance carried by Lessor) and replacements (ii) perform all routine and ordinary maintenance required to be made by Tenant hereunder shall be equal in quality Lessee for Lessee's and class to the original work. No storage shall be permitted outside Lessee's Affiliates' use of the Premises except as otherwise expressly provided in this Lease. Storage inside irrespective of the Premises shall be provided in a manner not visible from outside the Premisesfinancial caps contained herein.

Appears in 1 contract

Samples: Lease Agreement (Burke Industries Inc /Ca/)

Repair and Maintenance. Except for work that Section 10.03 requires Landlord to do (i) normal and reasonable wear and use and (ii) damage caused by fire and casualty and by eminent domain (except as otherwise provided in Article 12) and subject to the provisions of Section 16.098.1 and Exhibit E-1, Tenantas the case may be, at its sole cost Landlord shall be responsible (1) to make such repairs to the roof, exterior walls, floor slabs and expense: shall common areas and facilities of the Building, including the base building mechanical, electrical, plumbing, sprinkler, fire/life safety, and access control systems and the base building heating, ventilating, and air conditioning systems serving the Building and other common Building systems equipment serving the Premises, as may be necessary to keep them in good order, repair, and condition, and (2) to maintain the common areas of the Building serving the Premises (in each case, exclusive of Tenant’s responsibilities under Section 10.4 and other provisions of this Lease), including all Initial Tenant Workfrom time to time making such replacements as Landlord determines, other Tenant Workin a manner consistent with a first-class laboratory/office building, Tenant Propertyare required or appropriate to maintain the Property in a first class manner comparable to the maintenance of Comparable Mixed-Use Laboratory/Office Buildings and in compliance with Applicable Legal Requirements, to the extent that any non-compliance with Applicable Legal Requirements would materially impair, or create an unsafe or hazardous condition with respect to, Tenant’s use and occupancy of the Premises and/or use of such Building common areas or Tenant’s Appurtenant Areas, in each case in accordance with, and subject to, the terms and conditions of this Lease. The costs of all fixtures, systems services by or through Landlord shall be included in Operating Expenses in accordance with and equipment now or hereafter on the Premises or elsewhere that exclusively serve the Premises regardless subject to Article 8 and other provisions of whether or not the same are part this Lease. For avoidance 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 at least as good order, condition and repair as they are in on the Delivery Date or may be thereafter put in during the Term, reasonable wear and tear, damage caused by fire, other casualty or taking (which is dealt with below) and damage caused by the negligence or willful misconduct of Landlord, Landlord’s agents, employees, or contractors excepted; shall keep in a 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. Without limitationdoubt, Tenant shall be responsible for the maintenance, repair maintaining any utilities distribution and replacement of all plumbing, heating, ventilating and air-conditioning systems and other mechanical systems (installed by Tenant, whether in the Premises or not elsewhere in or about the Building, beyond the base building equipment and electrical panels installed by Landlord as part of the Base Building SystemsWork) wherever located as may be necessary to properly maintain them in good repair and condition. Tenant shall promptly report in writing to Landlord any defective condition known to it that exclusively serve Landlord is required to repair. Landlord shall have no obligation to repair or maintain any portion of the Premises or perform any service, except as specifically set forth in this Section 10.3. For avoidance of doubt, notwithstanding anything to the contrary in this Lease, Landlord shall have no liability or responsibility for the storage, containment or disposal of any Hazardous Substances generated, stored or contained by Tenant or any Tenant Party in or about the Premises, the Building, or the Building Site, and Tenant shall securehereby agrees to store, pay for, contain and keep dispose of any and all such Hazardous Substances at Tenant’s sole cost and expense in force contracts accordance with appropriate and reputable service companies approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed) providing for the regular maintenance provisions of such systems to the extent that such systems exclusively serve the Premises. All repairs and replacements required to be made by Tenant hereunder shall be equal in quality and class to the original work. No storage shall be permitted outside of the Premises except as otherwise expressly provided in this Lease. Storage inside the Premises shall be provided in a manner not visible from outside the PremisesArticle 9.

Appears in 1 contract

Samples: Lease Agreement (Cerevel Therapeutics Holdings, Inc.)

Repair and Maintenance. Landlord shall repair and maintain in good order and condition, consistent with comparable buildings, ordinary wear and tear excepted, the Common Areas, mechanical and equipment rooms, the foundation and roof of the Building, the exterior and demising walls of the Building, the exterior doors and windows of the Building, the structural portions of the Building, the elevators, and the base building portions of the electrical, plumbing, mechanical, fire protection, life safety, and HVAC systems servicing the Building. The base building portion of: (a) the electrical system, is the portions of it up to and including the base building standard electrical panels in the Building’s core; (b) the plumbing system, is the cold water riser in the wall behind the Building bathrooms, and (c) the HVAC system, includes the main HVAC trunk lines in to the VAV boxes to the Premises and all HVAC distribution from the VAV boxes to the Premises. However, Tenant shall pay the cost of any such repairs or maintenance resulting from acts or omissions of Tenant, its employees, agents, or contractors. Additionally, Landlord shall replace the Building standard fluorescent light tubes in the Premises. Except for work that Section 10.03 requires to the extent Landlord is obligated to do repair and subject to Section 16.09maintain the Premises as provided above, TenantTenant shall, at its sole cost cost, repair, replace, and expense: shall keep maintain the non-structural interior portions of the Premises (including all Initial Tenant Workthe non-structural walls, other Tenant Work, Tenant Propertyceilings, and all fixtures, systems and equipment now or hereafter on the Premises or elsewhere 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, floors in at least as good order, condition and repair as they are in on the Delivery Date or may be thereafter put in during the Term, reasonable wear and tear, damage caused by fire, other casualty or taking (which is dealt with below) and damage caused by the negligence or willful misconduct of Landlord, Landlord’s agents, employees, or contractors excepted; shall keep in a 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. Without limitation, Tenant shall be responsible for the maintenance, repair 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 any specialized electrical, plumbing, mechanical, fire protection, life safety and HVAC systems servicing the Premises requested by Tenant exclusively for their use) in a clean, attractive condition in compliance with all laws; provided, however, that Landlord, at Tenant’s cost and expense, shall maintain any supplemental HVAC units required by Tenant for service. Tenant shall secure, pay for, all such maintenance and keep in force contracts with appropriate repair costs within 10 days after receipt of Landlord’s invoice. The provisions of Articles 14 and reputable service companies approved by Landlord (which approval 15 shall not be unreasonably withheld, conditioned control as to work required as a result of casualty or delayed) providing for the regular maintenance of such systems to the extent that such systems exclusively serve the Premisescondemnation. All repairs and replacements required to be made by Tenant hereunder shall be of equal in quality and class to the original workitems replaced. No storage Tenant shall not commit or allow to be permitted outside committed any waste on any portion of the Premises except as otherwise expressly provided in this Lease. Storage inside the Premises shall be provided in a manner not visible from outside the Premises.

Appears in 1 contract

Samples: Lease Agreement (Lion Biotechnologies, Inc.)

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