Repair. 7.1 Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises, except as specified in Exhibit B if attached to this Lease and except that Landlord shall repair and maintain the structural portions of the Building and its systems, including, but not limited to, the basic plumbing, air conditioning, heating and electrical systems serving the Building and/or Premises. Landlord hereby covenants to Tenant that as of the Commencement Date the base building and its systems will be in good working order and condition. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant, except as specifically set forth in this Lease. 7.2 Tenant shall, at all times during the Term, keep the Premises in good condition and repair excepting damage by fire, or other casualty, and in compliance with all applicable governmental laws, ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. 7.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. 7.4 Except as provided in Article 22, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect.
Appears in 2 contracts
Samples: Lease (Alnylam Pharmaceuticals, Inc.), Lease (Alnylam Pharmaceuticals, Inc.)
Repair. 7.1 Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises, except as specified in Exhibit B if attached to this Lease and except that Landlord shall repair and maintain the structural portions of the Building and its systemsBuilding, including, but not limited to, including the basic plumbing, air conditioning, heating and electrical systems serving the Building and/or Premisesinstalled or furnished by Landlord. Landlord hereby covenants to Tenant that as By taking possession of the Commencement Date the base building and its systems will be Premises, Tenant accepts them as being in good working order order, condition and conditionrepair and in the condition in which Landlord is obligated to deliver them. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant, except as specifically set forth in this Lease.
7.2 Tenant shall, at all times during the Term, keep the Premises in good condition and repair excepting damage by fire, or other casualty, and in compliance with all applicable governmental laws, ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense.
7.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant.
7.4 Except as provided in Article 22, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect.
Appears in 2 contracts
Samples: Lease Agreement (Talk America Holdings Inc), Lease Agreement (PBSJ Corp /Fl/)
Repair. 7.1 Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises, except as specified in Exhibit B if attached to this Lease and except that Landlord shall repair and maintain the structural portions of the Building roof, walls and its systems, including, but not limited to, the basic plumbing, air conditioning, heating and electrical systems serving the Building and/or Premises. Landlord hereby covenants to Tenant that as foundation of the Commencement Date Building. By taking possession of the base building and its systems will be Premises, Tenant accepts them as being in good working order order, condition and conditionrepair and in the condition in which Landlord is obligated to deliver them. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant, except as specifically set forth in this Lease.
7.2 Tenant shall, at all times during the Term, keep the Premises in good condition and repair excepting damage by fire, or other casualty, and in compliance with all applicable governmental laws, ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense.
7.3 . Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Landlord shall also be obligated to provide the following services: (1) to plow snow and treat ice on sidewalks, roadways and loading areas, (2) to maintain and clean all outdoor facilities including, without limitation, to maintain all lawns, landscaping, and repave and restripe the parking lot when reasonably necessary and to install, maintain or replace when necessary the outdoor lighting systems for the parking areas, (3) to maintain common area lights in good working order and condition, (4) to cause the boiler system providing baseboard heat to the Premises and the Building to be cleaned and maintained regularly, and (5) to maintain and repair the Building as necessary to apply with all applicable government requirements, including without limitation the make-up air system. The cost of performance of Landlord’s obligations under this paragraph is included in Direct Expenses as provided in Paragraph 4.1.2.
7.4 7.2 Tenant shall at its own cost and expense keep and maintain all parts of the Premises and such portion of the Building and improvements as are within the exclusive control of Tenant in good condition, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original (including, but not limited to, repair and replacement of all fixtures installed by Tenant, water heaters serving the Premises, windows, glass and plate glass, doors, skylights, any special office entries, interior walls and finish work, floors and floor coverings, heating and air conditioning systems serving the Premises, electrical systems and fixtures, sprinkler systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures, and performance of regular removal of trash and debris). Tenant as part of its obligations hereunder shall keep the Premises in a clean and sanitary condition. Tenant will, as far as possible keep all such parts of the Premises from deterioration due to ordinary wear and from falling temporarily out of repair, and upon termination of this Lease in any way Tenant will yield up the Premises to Landlord in good condition and repair, loss by fire or other casualty excepted (but not excepting any damage to glass). Tenant shall, at its own cost and expense, repair any damage to the Premises or the Building resulting from and/or caused in whole or in part by the negligence or misconduct of Tenant, its agents, employees, invitees, or any other person entering upon the Premises as a result of Tenant’s business activities or caused by Tenant’s default hereunder.
7.3 Except as provided in Article 22, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect.
7.4 Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor reasonably approved by Landlord for servicing all heating and air conditioning systems and equipment exclusively serving the Premises (and a copy thereof shall be furnished to Landlord). The service contract must include all services suggested by the equipment manufacturer in the operation/maintenance manual and must become effective within thirty (30) days of the date Tenant takes possession of the Premises. Landlord may, upon notice to Tenant, enter into such a maintenance/ service contract on behalf of Tenant or perform the work and in either case, charge Tenant the cost thereof along with a reasonable amount for Landlord’s overhead.
7.5 If by reason of the failure of Landlord to furnish electrical, plumbing, HVAC or water service (“Critical Services”) required to be provided by Landlord and without fault of Tenant, whether such failure is excused by reason of force majeure or constitutes an unexcused default, and if Tenant’s ability to conduct business at the Premises is materially and adversely affected for five (5) consecutive days or more and notice thereof has been given to Landlord (and whether or not Tenant elects to exercise its rights of self-help) Tenant shall have the right to a full abatement of Rent, Direct Expenses and other charges payable by Tenant hereunder retroactively from the date Critical Services (or any of them) have ceased until such time as such Critical Service(s) have been restored. If Critical Service(s) can not be restored and Tenant’s ability to conduct business at the Premises has been materially and adversely affected for a period of one hundred twenty (120) days after notice thereof to Landlord, Tenant may terminate this Lease upon no less than fifteen (15) days notice to Landlord unless such Critical Services are restored during said 15 day period.
7.6 If necessary by reason of an emergency, or by reason of an imminent threat of injury to persons or damage to property, Tenant may cure a failure by Landlord to perform its obligations under Paragraph 7.1, at the expense and for the account of Landlord, but only after oral or written notice and such opportunity as is reasonable under the circumstances to cause the cure thereof by Landlord.
Appears in 2 contracts
Samples: Lease Agreement (Aspen Aerogels Inc), Lease (Aspen Aerogels Inc)
Repair. 7.1 Landlord (a) Tenant, at its sole cost and expense, shall have no obligation to alter, remodel, improve, repair, decorate or paint take good care of the Premises, except including all building equipment and systems located therein and serving the Premises. Tenant shall make all repairs, interior or exterior, structural or otherwise, as specified in Exhibit B if attached and when needed, to this Lease and except that Landlord shall repair and maintain preserve the structural portions of the Building and its systems, including, but not limited toPremises, the basic plumbingneed for which repair arises out of (i) the performance or existence of any Alteration to the Premises made by Tenant, air conditioning(ii) the installation or operation of Tenant's property or fixtures, heating and electrical systems serving the Building and/or Premises. Landlord hereby covenants to Tenant that as movement of the Commencement Date the base building and its systems will be same in good working order and condition. It is hereby understood and agreed that no representations respecting the condition of or about the Premises or the Building have been made by Landlord Building, (iii) the acts, failures to act or negligence of Tenant or Tenant's servants, except as specifically set forth in this Lease.
7.2 Tenant shallemployees, at all times during contractors, agents, visitors or licensees, or (iv) the Termuse, keep of the Premises in good condition and repair excepting damage by fireTenant or Tenant's servants, employees, contractors, agents, visitors or other casualty, and in compliance with all applicable governmental laws, ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense.
7.3 licensees. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant.
7.4 Except and, except as provided in Article 22Paragraph 20, there shall be no abatement of rent and no liability of Landlord by reason of Rent with respect to any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterations maintenance, alteration or improvements interruption of services in or to any portion of the Building Office Park or Building, including the Premises Premises, or to the fixtures, appurtenances and equipment therein.
(b) All repairs and replacements made by or on behalf of Tenant shall be made and performed in the Building. Except a workmanlike manner (i) at Tenant's cost and expense and at such time and in such manner as Landlord may designate, (ii) by contractors approved by Landlord, (iii) such work shall be at least equal in quality, value, and utility to the extentoriginal work or installation, if any, prohibited and (iv) in accordance with the Rules and Regulations for the Building adopted by law, Landlord from time to time and in accordance with all applicable laws and regulations of governmental authorities having jurisdiction over the Premises. If Tenant waives the right shall fail after 10 days' notice by Landlord to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make the repairs at Landlord’s the expense under any law, statute of Tenant and the expenses thereof incurred by Landlord shall be reimbursed immediately as Additional Rent after submission of a xxxx or ordinance now or hereafter in effectstatement there for.
Appears in 2 contracts
Samples: Lease Agreement (Cardionet Inc), Lease Agreement (Cardionet Inc)
Repair. 7.1 Landlord (i) If this Master Lease shall have no obligation continue in full force and effect following (1) a Casualty or Condemnation affecting any Property during the Interim Lease Term therefor which arises from the fraud, misapplication of funds, illegal acts or willful misconduct of the Lessee or (2) a Casualty or Condemnation affecting any Property which occurs at any time during the Basic Lease Term thereof, then in each case the Lessee shall, at its sole cost and expense (utilizing insurance proceeds and condemnation awards as contemplated hereby and by Sections 3.4(b) and 3.5(b) of the Construction Agency Agreement; provided, however, that, if any award, compensation or insurance payment is not sufficient to alterrestore such Property in accordance with this clause (d), remodelthe Lessee shall pay the shortfall), improvepromptly and diligently repair any damage to such Property caused by such Casualty or Condemnation in conformity with the requirements of Sections 8.3, repair9.1 and 10.1 using the Plans and Specifications for such Property (as modified to give effect to any subsequent Modifications, decorate any Condemnation affecting such Property and all Applicable Law) so as to restore such Property to at least the same or paint similar condition, operation, function and value as existed immediately prior to such Casualty or Condemnation with such Modifications as the PremisesLessee may elect in accordance with Section 10.1. In such event, except as specified in Exhibit B if attached title to such Property shall remain with the Lessor Trust subject to the terms of this Master Lease. Upon completion of such restoration, the Lessee shall furnish to the Administrative Agent a Responsible Officer's Certificate confirming that such restoration has been completed pursuant to this Lease and except that Landlord shall repair and maintain the structural portions of the Building and its systems, including, but not limited to, the basic plumbing, air conditioning, heating and electrical systems serving the Building and/or Premises. Landlord hereby covenants to Tenant that as of the Commencement Date the base building and its systems will be in good working order and condition. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant, except as specifically set forth in this Master Lease.
7.2 Tenant shall(ii) If a Casualty or Condemnation (other than a Casualty or Condemnation which arises from the fraud, at all times misapplication of funds, illegal acts or willful misconduct of the Lessee (which Casualty or Condemnation shall be governed by clause (i) above)) occurs with respect to any Property during the TermInterim Lease Term therefor, keep then, so long as the Premises in good condition and repair excepting damage by fire, or other casualty, and in compliance Agent Certificate Holder shall not have delivered a Partial Termination Notice with all applicable governmental laws, ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected withrespect thereto, the PremisesLessee shall use commercially reasonable efforts to complete construction of such Property according to the Plans and Specifications therefor as modified to reflect the effects of such Casualty or Condemnation, all at Tenant’s sole expense.
7.3 Landlord but shall not be liable required to expend its own funds for such purpose; provided, that if the Administrative Agent shall have disbursed any failure funds to make any repairs the Construction Agent for the repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice restoration of the need applicable Property pursuant to Section 3.4(b) or 3.5(b) of the Construction Agency Agreement, such repairs or maintenance is given to Landlord by Tenant.
7.4 Except as provided in Article 22, there funds shall be no abatement of rent applied by the Lessee and no liability of Landlord by reason of any injury Construction Agent solely to the repair or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion restoration of the Building or applicable Property in accordance with the Premises or to fixtures, appurtenances and equipment in the Building. Except to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effectConstruction Agency Agreement.
Appears in 2 contracts
Samples: Participation Agreement (Mondavi Robert Corp), Participation Agreement (Mondavi Robert Corp)
Repair. 7.1 a. By taking possession of the Premises, Xxxxxx agrees that the Premises are in good condition and repair. Tenant, at Tenant's sole cost and expense, shall keep the Premises and every part thereof (including the interior walls and ceilings of the Premises, those portions of the Building systems located within and exclusively serving the Premises, and improvements and Alterations) in good condition and repair; provided that Tenant shall not be responsible for repairs to the extent such repairs are (i) necessitated by the negligence or willful misconduct of Landlord shall have or Landlord's agents, employees or contractors, or (ii) Landlord's obligation pursuant to Paragraph 10.b. below. Tenant waives all rights to make repairs at the expense of Landlord as provided by any Legal Requirement now or hereafter in effect. It is specifically understood and agreed that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the PremisesPremises or any part thereof, except as specified in Exhibit B if attached to this Lease and except that Landlord shall repair and maintain the structural portions of the Building and its systems, including, but not limited to, the basic plumbing, air conditioning, heating and electrical systems serving the Building and/or Premises. Landlord hereby covenants to Tenant that as of the Commencement Date the base building and its systems will be in good working order and condition. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant. Tenant hereby waives the provisions of California Civil Code Sections 1932(1), except as specifically set forth in this Lease.
7.2 Tenant shall, at all times during the Term, keep the Premises in good condition 1941 and repair excepting damage by fire, or other casualty, 1942 and in compliance with all applicable governmental laws, ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense.
7.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant.
7.4 Except as provided in Article 22, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance similar Legal Requirement now or hereafter in effect.
b. Repairs to the Premises necessitated by fire, earthquake, act of God or the elements shall be governed by Paragraph 26 below. Landlord shall repair the Premises if they are damaged due to item (i) described in Paragraph 10.a. above. Further, Landlord shall repair and maintain in good condition and repair the structural portions of the Building and all Building systems, including plumbing, air conditioning, heating, electrical, life safety and other systems installed or furnished by Landlord, but excluding (i) non-Building standard lighting and electrical wiring and (ii) extraordinary quantities of electrical, plumbing, HVAC or other Building facilities or distribution thereof; provided, however, that to the extent repairs which Landlord is required to make pursuant to this sentence are necessitated by the negligence or deliberate misconduct of Tenant or Tenant's agents, employees or contractors, then Tenant shall reimburse Landlord for the cost of such repair to the extent Landlord is not reimbursed therefor by insurance. Landlord shall in no event be obligated to repair any wear and tear to the Premises.
Appears in 1 contract
Samples: Office Lease (Ask Jeeves Inc)
Repair. 7.1 Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises, except as specified in Exhibit B if attached to this Lease and except that Landlord shall repair and maintain the structural portions portion of the Building and its systemsBuilding, including, but not limited to, including the basic plumbing, air conditioning, heating and electrical systems serving the Building and/or Premisesinstalled or furnished by Landlord. Landlord hereby covenants to Tenant that as By taking possession of the Commencement Date the base building and its systems will be Premises, Tenant accepts them as being in good working order order, condition and conditionrepair and in the condition in which Landlord is obligated to deliver them. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant, except as specifically set forth in this Lease.
7.2 Tenant shall, at all times during the Term, keep the Premises in good condition and repair excepting damage by fire, or other casualty, and in compliance with all applicable governmental laws, ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the Premises, all at Tenant’s 's sole expense.
7.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant.
7.4 Except as provided in Article 22, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s 's expense under any law, statute or ordinance now or hereafter in effect.
Appears in 1 contract
Samples: Lease Agreement (Accufacts Pre Employment Screening Inc)
Repair. 7.1 a. By taking possession of the Premises, Tenant agrees that the Premises are in good condition and repair. Tenant, at Tenant’s sole cost and expense, shall keep the Premises and every part thereof (including the interior walls and ceilings of the Premises, those portions of the Building systems located within and exclusively serving the Premises, and improvements and Alterations, and including, without limitation, dishwashers, garbage disposals, and insta-hot dispensers) in good condition and repair (subject to ordinary wear and tear); provided that Tenant shall not be responsible for repairs to the extent such repairs are (i) necessitated by the negligence or willful misconduct of Landlord shall have or Landlord’s agents, employees or contractors, or (ii) Landlord’s obligations pursuant to Paragraph 10.b. below. Tenant waives all rights to make repairs at the expense of Landlord as provided by any Legal Requirement now or hereafter in effect. It is specifically understood and agreed that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the PremisesPremises or any part thereof, except as specified in Exhibit B if attached to this Lease and except that Landlord shall repair and maintain the structural portions of the Building and its systems, including, but not limited to, the basic plumbing, air conditioning, heating and electrical systems serving the Building and/or Premises. Landlord hereby covenants to Tenant that as of the Commencement Date the base building and its systems will be in good working order and condition. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant. Tenant hereby waives the provisions of California Civil Code Sections 1932(1), except as specifically set forth in this Lease.
7.2 Tenant shall, at all times during the Term, keep the Premises in good condition 1941 and repair excepting damage by fire, or other casualty, 1942 and in compliance with all applicable governmental laws, ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense.
7.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant.
7.4 Except as provided in Article 22, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance similar Legal Requirement now or hereafter in effect.
b. Repairs to the Premises due to fire, earthquake, acts of God or the elements shall be governed by Paragraph 26 below, and repairs to the Premises due to a governmental taking shall be governed by Paragraph 27 below. Landlord shall (1) repair the Premises if they are damaged due to item (i) described in Paragraph 10.a. above (subject to Paragraph 16 below), and (2) repair and maintain in good condition and repair the structural portions of the Building and all Building systems, including plumbing, heating, electrical, life safety and other systems installed or furnished by Landlord (other than the portions of those systems that are Tenant’s responsibility to maintain and repair pursuant to Paragraph 10.a. above), provided that, if repairs under this item (2) are necessitated by the negligence or deliberate misconduct of Tenant or Tenant’s agents, employees or contractors, then Tenant shall reimburse Landlord for the cost of such repair to the extent Landlord is not reimbursed therefor by insurance. Landlord shall in no event be obligated to repair any wear and tear to the Premises.
Appears in 1 contract
Repair. 7.1 7.1. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises, except as specified in Exhibit B if attached to this Lease and except that Landlord shall repair and maintain the structural portions of the Building and its systemsBuilding, including, but not limited to, including the basic plumbing, air conditioning, heating and electrical systems serving the Building and/or Premisesinstalled or furnished by Landlord. Landlord hereby covenants to Tenant that as By taking possession of the Commencement Date the base building and its systems will be Premises, Tenant accepts them as being in good working order order, condition and conditionrepair and in the condition in which Landlord is obligated to deliver them, except as set forth in the punch list to be delivered pursuant to Section 2.
1. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant, except as specifically set forth in this Lease.
7.2 7.2. Tenant shall, at all times during the Term, keep the Premises in good condition and repair excepting damage by fire, or other casualty, and in compliance with all applicable governmental laws, ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense.
7.3 7.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant.
7.4 7.4. Except as provided in Article 22, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect.
Appears in 1 contract
Samples: Lease (Talk America Holdings Inc)
Repair. 7.1 Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises, except as specified in Exhibit B if attached to this Lease and Premises except that Landlord shall repair and maintain the following, the cost of which may be included in Expenses as provided in Article 4 of this Lease: the structural portions of the roof, the roof membrane, the common areas, foundation and walls of the Building and its the Building mechanical, sprinkler/life safety systems, including, but electrical and plumbing systems servicing the project in general (not limited tospecifically servicing the Premises, the basic plumbingrepair and maintenance of which shall be Tenant's responsibility hereunder); provided, however, that, subject to the terms hereof, Tenant, not Landlord shall repair and maintain the heating, ventilating and air conditioning, heating and electrical systems serving conditioning unit(s) servicing the Building and/or Premises. Landlord hereby covenants Notwithstanding the foregoing, Landlord's repair and maintenance obligations with respect to Tenant that as the following shall be at Landlord's sole cost and expense: the foundation and the exterior walls of the Commencement Date Building. By taking possession of the base building and its systems will be Premises, Tenant accepts them as being in good working order order, condition and conditionrepair and in the condition in which Landlord is obligated to deliver them except as otherwise expressly stated in this Lease. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant, except as specifically set forth in this Lease.
7.2 Tenant shall, at all times during the Term, keep the Premises in good condition and repair excepting damage by fire, or other casualty, and in compliance with all applicable governmental laws, ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense.
7.3 . Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Notwithstanding the foregoing, Landlord shall perform and construct, and Tenant shall have no responsibility to perform or construct, any repair, maintenance or improvements (a) necessitated by the negligence or willful misconduct of Landlord, and (b) which Landlord shall determine to be capital improvement (the cost thereof may be an Expense pursuant to Section 4.1.2 of this Lease).
7.4 7.2 To the extent the same is not an express obligation of Landlord pursuant to Section 7.1 above, Tenant shall at its own cost and expense keep and maintain all parts of the Premises and such portion of the Building and improvements as are within the exclusive control of Tenant (including, without limitation, electrical and plumbing systems servicing the Premises) in good condition, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original (including, but not limited to, repair and replacement of all fixtures installed by Tenant, water heaters serving the Premises, windows, glass and plate glass, doors, exterior stairs, skylights, if any, any special office entries, interior walls and finish work, floors and floor coverings, heating and air conditioning systems serving the Premises, electrical systems and fixtures, sprinkler systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures, and performance of regular removal of trash and debris). Tenant as part of its obligations hereunder shall keep the Premises in a clean and sanitary condition. Tenant will, as far as possible keep all such parts of the Premises from falling temporarily out of repair, and upon termination of this Lease in any way Tenant will yield up the Premises to Landlord in good condition and repair, loss by fire or other casualty excepted (but not excepting any damage to glass). Subject to the waiver of subrogation provided in Section 12, Tenant shall, at its own cost and expense, repair any damage to the Premises or the Building resulting from and/or caused in whole or in part by the negligence or misconduct of Tenant, its agents, employees, contractors, invitees, or any other person entering upon the Premises as a result of Tenant's business activities or caused by Tenant's default hereunder
7.3 Except as provided in Article 22, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code, or any similar or successor Regulations or other laws now or hereinafter in effect. Except in emergency situations as determined by Landlord, Landlord shall exercise reasonable efforts not to unreasonably interfere with the extentconduct of the business of Tenant in the Premises.
7.4 Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord for servicing all heating and air conditioning systems and equipment serving the Premises (and a copy thereof shall be furnished to Landlord). The service contract must include all services suggested by the equipment manufacturer in the operation/maintenance manual and must become effective within thirty (30) days of the date Tenant takes possession of the Premises. At Landlord's election, Landlord may, upon notice to Tenant, enter into such a maintenance/ service contract on behalf of Tenant or perform the work and in either case, charge Tenant the cost thereof along with a reasonable amount for Landlord's overhead.
7.5 If applicable, Landlord shall coordinate any repairs and other maintenance of any railroad tracks serving the Building and, if any, prohibited by lawTenant uses such rail tracks, Tenant waives shall reimburse Landlord or the right railroad company from time to make repairs at Landlord’s expense under time upon demand, as additional rent, for its share of the costs of such repair and maintenance and for any lawother sums specified in any agreement to which Landlord or Tenant is a party respecting such tracks, statute or ordinance now or hereafter such costs to be borne proportionately by all tenants in effectthe Building using such rail tracks, based upon the actual number of rail cars shipped and received by such tenant during each calendar year during the Term.
Appears in 1 contract
Samples: Lease (SCM Microsystems Inc)
Repair. 7.1 Landlord shall have no obligation (a) The Tenant covenants throughout the Term of this Lease at the Tenant's sole cost and expense, to alter, remodel, improve, repair, decorate or paint repair the Leased Premises, except as specified in Exhibit B if attached and to this Lease and except that Landlord shall repair and maintain the structural portions of the Building and its systems, including, but not limited to, the basic plumbing, air conditioning, heating and electrical systems serving the Building and/or Premises. Landlord hereby covenants to Tenant that as of the Commencement Date the base building and its systems will be in good working order and condition. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant, except as specifically set forth in this Lease.
7.2 Tenant shall, at all times during the Term, keep the Leased Premises in good repair as a careful owner would do, including interior painting if, in the opinion of the Landlord, such painting is required, with the exception of: reasonable wear and tear to the extent only that such reasonable wear and tear is not inconsistent with the Leased Premises being kept and maintained in good order and condition and repair excepting generally; damage by fire, lightning, tempest and other casualty with respect to which the Landlord has received proceeds of insurance; and structural repairs to the Building.
(b) If the Leased Premises or any equipment, appurtenances and improvements within the Leased Promises, or if the Building, the elevators, boilers, engines, heating apparatus, or other casualtypipes, and in compliance with all applicable governmental lawsdrainage pipes or other equipment or apparatus or part of the Building not located within the Leased Premises, ordinances and regulationsshall be damaged, promptly complying with all governmental orders and directives for the correctiondestroyed, prevention and abatement of any violations or nuisances in or uponrendered inoperable, or connected withrequire replacement through negligence, carelessness or misuse by the PremisesTenant, all at Tenant’s sole expense.
7.3 Landlord shall not its servants, agents, employees or any one permitted by it to be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant.
7.4 Except as provided in Article 22, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises Leased Premises, the expense of the necessary repairs, replacements or to fixturesalterations shall be borne by the Tenant, appurtenances and equipment in the Building. Except who shall pay them to the extentLandlord forthwith on demand.
(c) The Tenant shall permit the Landlord and its agents to enter and view the state of repair and condition of the Leased Premises and improvements therein; and repair according to any notice given by the Landlord to the Tenant in writing, if any, prohibited by law, to the extent that the Tenant waives is responsible for the right repairs pursuant to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effectthe provisions of this Article 5.
Appears in 1 contract
Samples: Lease (Alttech Ventures Corp)
Repair. 7.1 Landlord shall have no obligation Except as specifically provided and set forth in Paragraphs 17 and 18 herein, relating to alterrestoration after condemnation or casualty, remodelTenant covenants and agrees that it will, improveat its own expense during the continuation of this Lease, make such current repairs, maintenance, restoration, and replacements as are required to keep or put the demised premises in first-class order and repair, decorate or paint the Premises, except as specified in Exhibit B if attached to this Lease and except that Landlord shall repair and maintain the structural portions of the Building and its systems, including, but not limited toby way of limitation, the basic plumbingfollowing: landscaping, air conditioningsidewalks and blacktoping, heating and electrical air-conditioning systems serving and equipment, doors, interior walls, floors, ceilings and plate glass and windows. Tenant shall also make and do periodic painting and general refurbishing so as to maintain the Building and/or Premisesdemised premises at all times in an attractive clean condition. In event Tenant shall fail to make any of the repairs required hereunder within thirty (30) days following written demand from Landlord for such repairs, Landlord is hereby covenants authorized to make such repairs and charge the cost of such repairs to Tenant as additional rental; provided, however, that upon default of this obligation, Landlord may and notwithstanding the necessity of any written demand or time limitation hereinbefore set forth, and in order to secure itself as to the performance of Tenant's obligations under this paragraph, charge Tenant as additional rental that sum which in Landlord's reasonable estimation would be necessary to make and complete repairs to the Commencement Date premises which are Tenant's obligations under this Lease. In the base building and its systems will be in good working order and condition. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been event actual repairs are made by Landlord to Tenant, except as specifically set forth in this Lease.
7.2 Tenant shall, at all times during and the Term, keep the Premises in good condition and repair excepting damage by fire, or other casualty, and in compliance with all applicable governmental laws, ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense.
7.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant.
7.4 Except as provided in Article 22, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except to the extent, if any, prohibited by lawcost exceeds Landlord's reasonable estimate, Tenant waives the right hereby covenants and agrees that it will forthwith pay to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effectas additional rent, such additional money to fully reimburse Landlord.
Appears in 1 contract
Repair. 7.1 Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises, except as specified in Section 2.1 and Exhibit B if attached to this Lease and except that Landlord shall repair and maintain in good working condition the structural portions of the Building and its systemsBuilding, including, but not limited towithout limitation, the roof, floor slabs, exterior walls, exterior window frames and glass, base Building systems serving tenants in general including, without limitation, the security, basic plumbing, air conditioning, heating ventilation, life safety generator, sewer, heating, sprinkler, fire safety, mechanical and electrical systems installed or furnished by Landlord or serving the common areas and facilities or the Building and/or Premisestenants generally. Landlord hereby covenants to Tenant that as By taking possession of the Commencement Date the base building and its systems will be Premises, Txxxxx accepts them as being in good working order order, condition and conditionrepair and in the condition in which Landlord is obligated to deliver them, except as set forth in the punch list to be delivered pursuant to Section 2.1; provided, however, the foregoing shall in no way diminish Landlord’s ongoing repair and maintenance obligations under this Lease. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant, except as specifically set forth in this Lease.
7.2 Tenant shall, at all times during the Term, keep the Premises in good condition and repair excepting damage by fire, or other casualty, and in compliance with all applicable governmental laws, ordinances and regulationsLegal Requirements, promptly complying with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense; provided however that Tenant shall not be required to make structural changes to the Premises or the common areas serving the Premises to correct any violations of Legal Requirements existing as of the date of delivery of the Premises to Tenant, and Landlord shall remain obligated to correct any such violations. Repair and maintenance work shall be undertaken in compliance with Landlord’s Building construction standards (if any) from time to time to the extent applicable (which standards shall be made available to Tenant by Landlord’s Building manager upon request).
7.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant.
7.4 Except as provided in Article 22, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with TenantTxxxxx’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. In taking any such action, Landlord shall use reasonable efforts not to interfere with the normal conduct of Txxxxx’s business. Except to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect.
Appears in 1 contract
Repair. 7.1 Landlord shall have no obligation (a) The Tenant covenants throughout the Term of this Lease at the Tenant’s sole cost and expense, to alter, remodel, improve, repair, decorate or paint repair the Leased Premises, except as specified in Exhibit B if attached and to this Lease and except that Landlord shall repair and maintain the structural portions of the Building and its systems, including, but not limited to, the basic plumbing, air conditioning, heating and electrical systems serving the Building and/or Premises. Landlord hereby covenants to Tenant that as of the Commencement Date the base building and its systems will be in good working order and condition. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant, except as specifically set forth in this Lease.
7.2 Tenant shall, at all times during the Term, keep the Leased Premises in good repair as a careful owner would do, including interior painting if, in the opinion of the Landlord, such painting is required, with the exception of: reasonable wear and tear to the extent only that such reasonable wear and tear is not inconsistent with the Leased Premises being kept and maintained in good order and condition and repair excepting generally; damage by fire, lightning, tempest and other casualty with respect to which the Landlord has received proceeds of insurance; and structural repairs to the Building.
(b) If the Leased Premises or any equipment, appurtenances and improvements within the Leased Promises, or if the Building, the elevators, boilers, engines, heating apparatus, or other casualtypipes, and in compliance with all applicable governmental lawsdrainage pipes or other equipment or apparatus or part of the Building not located within the Leased Premises, ordinances and regulationsshall be damaged, promptly complying with all governmental orders and directives for the correctiondestroyed, prevention and abatement of any violations or nuisances in or uponrendered inoperable, or connected withrequire replacement through negligence, carelessness or misuse by the PremisesTenant, all at Tenant’s sole expense.
7.3 Landlord shall not its servants, agents, employees or any one permitted by it to be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant.
7.4 Except as provided in Article 22, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises Leased Premises, the expense of the necessary repairs, replacements or to fixturesalterations shall be borne by the Tenant, appurtenances and equipment in the Building. Except who shall pay them to the extentLandlord forthwith on demand.
(c) The Tenant shall permit the Landlord and its agents to enter and view the state of repair and condition of the Leased Premises and improvements therein; and repair according to any notice given by the Landlord to the Tenant in writing, if any, prohibited by law, to the extent that the Tenant waives is responsible for the right repairs pursuant to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effectthe provisions of this Article 4.
Appears in 1 contract
Repair. 7.1 Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises, except as specified in Exhibit B if attached to this Lease and except that Landlord shall repair and maintain the structural portions of the Building roof, foundation and its systems, including, but not limited to, the basic plumbing, air conditioning, heating and electrical systems serving the Building and/or Premises. Landlord hereby covenants to Tenant that as walls of the Commencement Date Building. By taking possession of the base building Premises in accordance with the terms and its systems will be provisions of this Lease, Tenant accepts them as being in good working order order, condition and conditionrepair and in the condition in which Landlord is obligated to deliver them, except as set forth in the punch list to be delivered pursuant to Section
2.1. Notwithstanding anything to the contrary set forth in this Lease, Landlord shall be responsible, at Landlord’s sole cost and expense, for the repair of any latent structural defects discovered by Tenant at any time during the Term, including any extensions thereof. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant, except as specifically set forth in this Lease.
7.2 Tenant shall, at all times during the Term, keep the Premises in good condition and repair excepting damage by fire, or other casualty, and in compliance with all applicable governmental laws, ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense.
7.3 . Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Notwithstanding anything to the contrary provided above, Landlord shall deliver the Premises with all heating and air conditioning systems serving the Premises (collectively, the “HVAC Systems”) in good working order. In addition, Landlord shall, at its sole cost and expense and without reimbursement from Tenant, be responsible for any repairs and replacements that are outside the scope of the regularly scheduled preventative maintenance/service contract that Tenant is required to maintain under this Lease and that are reasonably necessary to maintain said HVAC Systems in good working order, for a period of eighteen (18) months from the Commencement Date, except to the extent any such repairs or replacements are required as a result of any acts or omissions of Tenant, its agents, employees or contractors. If Tenant has not notified Landlord in writing by the expiration of such eighteen (18)-month period of any alleged repairs or replacements which Tenant claims to be necessary, Landlord shall have no further duty to complete any such alleged repairs and/or replacements pursuant to this paragraph, except as may be otherwise specifically required by this Lease. Landlord’s liability under this paragraph shall be limited to the repair and/or replacement, as the case may be, of defective parts and, in no event, shall Landlord be liable for special or consequential damages. Notwithstanding the foregoing, if Tenant does not (i) enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor reasonably approved by Landlord for servicing all HVAC Systems (such approval not to be unreasonably withheld), and (ii) provide to Landlord written confirmation thereof together with a copy of the signed contract, within thirty (30) days after the date Tenant initially takes occupancy of the Premises, then all of the foregoing obligations of Landlord relative to the HVAC Systems shall be void ab initio and Landlord shall have no duty whatsoever to make any such repairs or replacements.
7.4 7.2 Tenant shall at its own cost and expense keep and maintain all parts of the Premises and such portion of the Building and improvements as are within the exclusive control of Tenant in good condition, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original (including, but not limited to, repair and replacement of all fixtures installed by Tenant, water heaters exclusively serving the Premises, windows, glass and plate glass, doors, exterior stairs, skylights, any special office entries, interior walls and finish work, floors and floor coverings, heating and air conditioning systems exclusively serving the Premises, electrical systems and fixtures, sprinkler systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures, and performance of regular removal of trash and debris). Tenant as part of its obligations hereunder shall keep the Premises in a clean and sanitary condition. Tenant will, as far as possible keep all such parts of the Premises from deterioration due to ordinary wear and from falling temporarily out of repair, and upon termination of this Lease in any way Tenant will yield up the Premises to Landlord in good condition and repair, loss by fire or other casualty excepted (but not excepting any damage to glass). Tenant shall, at its own cost and expense, repair any damage to the Premises or the Building resulting from and/or caused in whole or in part by the negligence or misconduct of Tenant, its agents, employees, contractors, invitees, or any other person entering upon the Premises as a result of Tenant’s business activities or caused by Tenant’s default hereunder.
7.3 Except as provided in Article 22, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect.
7.4 Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord for servicing all heating and air conditioning systems and equipment serving the Premises (and a copy thereof shall be furnished to Landlord). The service contract must include all services suggested by the equipment manufacturer in the operation/maintenance manual and must become effective within thirty (30) days of the date Tenant takes possession of the Premises. Should Tenant fail to do so, Landlord may, upon notice to Tenant, enter into such a maintenance/ service contract on behalf of Tenant or perform the work and in either case, charge Tenant the cost thereof along with a reasonable amount for Landlord’s overhead.
Appears in 1 contract
Repair. 7.1 Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises, except as specified in Exhibit B if attached to this Lease and except that Landlord shall repair and maintain the structural portions of the Building and its systemsBuilding, including, but not limited to, including the basic plumbing, air conditioning, heating and electrical systems serving the Building and/or Premisesinstalled or furnished by Landlord. Landlord hereby covenants to Tenant that as By taking possession of the Commencement Date Premises, Tenant accepts them as being in good order, condition and repair and in the condition in which Landlord is obligated to deliver them. However, notwithstanding the foregoing, Landlord agrees that the base building Building electrical, heating, ventilation and its air conditioning and plumbing systems will located in the Premises shall be in good working order as of the date Landlord delivers possession of the Premises to Tenant. Except to the extent caused by the acts or omissions of Tenant or any Tenant Entities or by any alterations or improvements performed by or on behalf of Tenant, if such systems are not in good working order as of the date possession of the Premises is delivered to Tenant and conditionTenant provides Landlord with notice of the same within sixty (60) days following the date Landlord delivers possession of the Premises to Tenant, Landlord shall be responsible for repairing or restoring the same. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant, except as specifically set forth in this Lease.
7.2 Tenant shall, at all times during the Term, keep the Premises in good condition and repair excepting damage by fire, or other casualty, and in compliance with all applicable governmental laws, ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the Premises, all at Tenant’s sole xxxx expense, Repair and maintenance work shall be undertaken in compliance with Landlord’s Building construction standards (if any) from time to time to the extent applicable (which standards shall be made available to Tenant by Landlord’s Building manager upon request).
7.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after either (i) written notice of the need of such repairs or maintenance is given to by Landlord by Tenant; or (ii) Landlord becomes aware of the necessity for such repairs or maintenance (provided that such awareness shall be limited to the actual knowledge of the property manager for the Building and not any implied, imputed, or constructive knowledge of said individual or of Landlord or any parties related to our comprising Landlord).
7.4 Except as provided in Article 2222 or as otherwise expressly provided in this Lease, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except to Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the extentCalifornia Civil Code, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s expense under or any law, statute similar or ordinance successor Regulations or other laws now or hereafter hereinafter in effect.
Appears in 1 contract
Samples: Lease (Ellipse Technologies Inc)
Repair. 7.1 (a) Landlord shall have no obligation to alter, remodel, improve, repair, maintain, replace, decorate or paint the Building or any portion of the Premises, except as specified may be expressly provided in Exhibit B if attached to this Lease and except that Landlord shall repair and maintain the structural portions Lease. By taking possession of the Building and its systemsthe Premises, Tenant accepts the same as being in good order, condition and repair, subject the Delivery Warranty (as defined below).
(b) Landlord hereby represents and warrants to Tenant, that to Landlord’s knowledge as of the Lease Date, the Building and Premises are in substantial compliance with all governmental laws, ordinances and regulations, including the Americans with Disabilities Act. In the event the Building or Premises are not in substantial compliance with all governmental laws, ordinances and regulations, including the Americans with Disabilities Act, as of the Lease Date, Landlord shall have the right to contest any alleged violation in good faith, including, but not limited towithout limitation, the basic plumbingright to apply for and obtain a waiver or deferment of compliance, air conditioningthe right to assert any and all defenses allowed by law and the right to appeal any decisions, heating judgments or rulings to the fullest extent permitted by law. Landlord, after the exhaustion of any and electrical systems serving all rights to appeal or contest, will make all repairs, additions, alterations or improvements necessary to comply with the terms of any final order or judgment. Notwithstanding the foregoing, Tenant, not Landlord, shall be responsible, at Tenant's sole cost and expense, for the correction of any violations which arise out of (a) the design or configuration of the Building and/or requested by Tenant, (b) the specific nature of Tenant's business in the Building, (c) the acts or omissions of Tenant, its agents, employees or contractors, (d) the Tenant Improvements installed pursuant to Exhibit B, and any subsequent repairs or Alterations of or to the Building or the Premises by or on behalf of Tenant, or (e) Tenant's arrangement of any furniture, equipment or other property in the Building or on the Premises. Landlord hereby covenants to Tenant that as of the Commencement Date the base building and its systems will be in good working order and condition. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant, except as specifically set forth in this Lease.
7.2 (a) Subject to the Delivery Warranty and the CapEx Amortization (as defined below), Tenant shall at its own cost and expense keep and maintain all parts of the Building and the Premises in good condition, promptly making all necessary repairs and replacements (including capital), whether ordinary or extraordinary, foreseen or unforeseen, with materials and workmanship of the same character, kind and quality as the original, including, but not limited to, repair and replacement of the roof, roof membrane, drains, gutters, downspouts, foundation, floor slab, exterior side of exterior walls, load bearing walls and other structural portions of the Building, all fixtures installed by Tenant, water heaters serving the Building, windows, glass and plate glass, doors, exterior stairs, skylights, any special office entries, interior walls and finish work, floors and floor coverings, heating, ventilating and air conditioning systems serving the Building, any evaporative cooling systems serving the Building, exposed and unexposed electrical systems and fixtures serving the Building, sprinkler systems, dock boards, truck doors, dock bumpers, exposed and unexposed plumbing work and fixtures, sewage systems serving the Building and the Premises, parking and driveway areas (including resurfacing and restriping), soil and landscaped areas, walkways (including periodic sweeping), signage, site lighting, reasonable and customary pest control services, and performance of regular removal of trash and debris. As used herein "repairs" shall include all necessary repairs, replacements, alterations, additions and betterments. All work required on the roof of the Building in connection with performing Tenant’s maintenance obligations hereunder, including any necessary repair, patching and/or replacement of the roof in connection therewith, shall be performed, at Tenant's sole cost (subject to the Delivery Warranty and the CapEx Amortization) and risk, only by vendors or contractors which have been pre-approved by Landlord and otherwise in a manner which will not damage the roof or void or adversely affect any roof warranties or guaranties. If any work by Tenant requires penetrations of the roof, or if otherwise required by Landlord, Tenant, at its sole cost and expense, shall retain the roofing contractor having a then existing warranty in effect on the roof to perform such work (to the extent that it involves the roof). Tenant shall keep the roof of the Building free of all trash and waste materials produced by Tenant or its agents or contractors and shall promptly notify Landlord in the event of any accident related to the roof. Tenant as part of its obligations hereunder shall keep the Building and the Premises in a clean and sanitary condition. Tenant will, as far as possible keep all such parts of the Building and the Premises from deterioration due to ordinary wear and from falling temporarily out of repair, and upon termination of this Lease in any way Tenant will yield up the Building and the Premises to Landlord in good condition and repair, loss by fire or other casualty excepted (but not excepting any damage to glass). Tenant shall, at all times during the Termits own cost and expense, keep repair any damage to the Premises or the Building resulting from and/or caused in good condition and repair excepting damage whole or in part by firethe negligence or misconduct of Tenant, its agents, employees, contractors, invitees, or any other casualty, and in compliance with all applicable governmental laws, ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense.
7.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant.
7.4 Except as provided in Article 22, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of person entering upon the Building or the Premises as a result of Tenant’s business activities or caused by Tenant’s default hereunder.
(b) Notwithstanding anything otherwise provided above or elsewhere in this Lease, Landlord shall deliver the Building with all base building systems and components (including roof, exterior doors, electrical and plumbing) originally installed by Landlord and existing as of the Lease Date ("Existing Systems") in good working order and repair, and shall assign or otherwise pass through to fixturesTenant the benefit of all warranties obtained by Landlord with respect to the Existing Systems (the "Third Party Warranties") so that Tenant can perform its obligations with respect to any necessary repairs, appurtenances maintenance and equipment replacements of the Existing Systems with the benefit of such Third Party Warranties. Further notwithstanding anything herein, and provided that Landlord is notified by Tenant of any such latent defects within the first one (1) year of the Term, any necessary repairs, maintenance and replacements of the Existing Systems that are not covered by the Third Party Warranties, and are necessary for correcting any latent defects in the Building. Except Existing Systems, (i) shall be made by Tenant, and (ii) to the extentextent the rates charged by Tenant’s vendor are reasonable and comparable to any competitive bids Landlord may obtain for the same work, if anyshall be at Landlord's sole cost and not subject to payment nor reimbursement by Tenant, prohibited nor as part of the Allowance or as part of Tenant’s Building Share (the "Delivery Warranty"). Tenant shall provide to Landlord a reasonably detailed invoice and other documentation substantiating the extent of any such necessary repairs, maintenance and/or replacements of the Existing Systems that are not covered by lawthe Third Party Warranties and that are necessary for correcting any latent defects in the Existing Systems. Tenant and Landlord shall use good faith efforts to arrange for Landlord's direct payment to the applicable vendors for such repairs, maintenance and replacements of the Existing Systems pursuant to the Delivery Warranty; provided, however, in the event Landlord fails to pay any such amounts pursuant to the Delivery Warranty within thirty (30) days after invoice from the applicable party providing the repairs, maintenance and replacements of the Existing Systems, subject to Landlord's right to dispute the reasonableness of such amounts, Tenant waives shall then have the right right, but not the obligation, to make repairs such payments on behalf of Landlord, and thereafter offset or deduct such amounts paid by Tenant from up to twenty percent (20%) of the Monthly Base Rent, Tenant’s Building Share and/or Tenant’s Property Share next becoming due to Landlord.
(c) Further notwithstanding anything otherwise provided above or elsewhere in this Lease, if, during the Term of this Lease, Tenant is obligated under this Lease to make a Capital Replacement (as defined below) and the reasonably anticipated useful life of such Capital Replacement exceeds the then-scheduled Expiration Date (i.e., when the Term is scheduled to expire at the time of the Capital Replacement, in the event no remaining Option to Extend Term [as defined below] is exercised by Tenant), then: (i) Tenant shall make such Capital Replacement in connection with Tenant’s obligations under this Section 7.2, (ii) the cost of such Capital Replacement shall be paid by Landlord, as provided below, to the extent the rates charged by Tenant’s expense under vendor are reasonable and comparable to any lawcompetitive bids Landlord may obtain for the same work, statute or ordinance now or hereafter (iii) the amount paid by Landlord for such Capital Replacement shall be amortized over the useful life of such Capital Replacement in effect.accordance with such reasonable useful life and amortization schedules as shall be mutually agreed upon by Landlord and Tenant in accordance with generally accepted accounting principles, with interest on the unamortized amount at one percent (1%) per annum in excess of the Wall Street Journal prime lending rate announced from time to time, and (iv) Tenant shall pay to Landlord monthly, as part of Tenant's Building Share, the portion of such amortization applicable to the unexpired
Appears in 1 contract
Samples: Industrial Net Lease (Dexcom Inc)
Repair. 7.1 Except as otherwise provided herein, by entry upon ------ commencement of the term hereof, the Tenant acknowledges and accepts the Premises as being in good, sanitary order, condition and repair. Except to the extent provided to the contrary in paragraph 17, the Tenant, at the Tenant's sole cost and expense, agrees to keep the Premises and every part thereof (including its own trade fixtures and personal property) in good condition and repair. Tenant hereby waives all rights to make repairs at the expense of the Landlord shall have as provided by law, statute or ordinance now or hereafter in effect, or to offset the cost thereof against Rent. Except as otherwise provided in this Lease, it is specifically understood and agreed that the Landlord has no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the PremisesPremises or any part thereof and, except as specified expressly set forth in Exhibit B if attached to this Lease and except that Landlord shall repair and maintain the structural portions of the Building and its systemsLease, including, but not limited to, the basic plumbing, air conditioning, heating and electrical systems serving the Building and/or Premises. Landlord hereby covenants to Tenant that as of the Commencement Date the base building and its systems will be in good working order and condition. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been made by the Landlord to the Tenant. If, in an emergency, it shall become necessary to make promptly any repairs or replacements required to be made by Tenant, except as specifically set forth Landlord may reenter the Premises and proceed forthwith to have the repairs or replacements made and pay the cost thereof. Within thirty (30) days after Landlord renders a xxxx therefor, Tenant shall reimburse Landlord for the cost of making the repairs. Notwithstanding anything to the contrary in this Lease.
7.2 Tenant shall, at all times during the TermLandlord, keep and not Tenant, shall perform and construct, any repair, maintenance or improvement (i) required as a consequence of any violation of Law or construction defect in the Premises in good condition and repair excepting damage by fireas of the applicable Commencement Date, or other casualty(ii) for which Landlord has a right of reimbursement from others, (iii) which would be treated as a "capital expenditure" under generally accepted accounting principles, and in compliance with all applicable governmental laws(iv) to the heating, ordinances ventilating, air conditioning, electrical, water, sewer, and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, plumbing systems serving the Premises, all at . Tenant’s sole expense.
7.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant.
7.4 Except as provided in Article 22, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except to the extent' s obligation, if any, prohibited to reimburse Landlord for the costs of such repairs, maintenance and improvements shall be governed by law, Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effectother provisions of this Lease.
Appears in 1 contract
Samples: Lease (Genesys Telecommunications Laboratories Inc)
Repair. 7.1 Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint To repair in a fast class manner the Leased Premises, except as specified in Exhibit B if attached to this Lease reasonable wear and except that Landlord shall repair tear and maintain the structural portions of the Building and its systems, including, but not limited to, the basic plumbing, air conditioning, heating and electrical systems serving the Building and/or Premises. Landlord hereby covenants to Tenant that as of the Commencement Date the base building and its systems will be in good working order and condition. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant, except as specifically set forth in this Lease.
7.2 Tenant shall, at all times during the Term, keep the Premises in good condition and repair excepting damage by fire, lightning and tempest and other casualty against which the Landlord is insured only excepted and the Landlord may enter and view the state of repair, and the said Tenant will repair according to notice, reasonable wear and tear and damage by fire, lightning and tempest and other casualty against which the Landlord is insured only excepted and that it will keep and leave the Leased Premises in good repair, reasonable wear and tear and damage by fire, lighting and tempest and other casualty against which the Landlord is insured only excepted. If the Buildings, the elevators, boilers, engines, pipes and other apparatus (or any of them) used for the purpose of heating or air conditioning the Buildings or operating the elevators, or if the water pipes, drainage pipes, electric lighting or other casualtyequipment of the Buildings or the roof or outside walls become damaged or destroyed through negligence, carelessness or misuse by the Tenant, his servants, agents, employees, or anyone permitted by him to be to the Buildings, or through him or them in anyway damaging the heating apparatus, elevators, water pipes, drainage pipes or other equipment or part of the Buildings, the expense of the necessary repairs, replacements or alterations shall be borne by the Tenant who shall pay them to the Landlord forthwith on demand, If the Tenant should fail to repair in accordance with the provisions hereof, the Landlord, its agents or employees may forthwith enter the Leased Premises and make the required repairs and for that purpose the Landlord may bring and leave upon the Leased Premises all necessary tools, materials and equipment, and in compliance with all applicable governmental laws, ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense.
7.3 Landlord shall will not be liable to the Tenant for any failure to make inconvenience, annoyance or loss of business or any repairs injury or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice damages suffered by the Tenant by reason of the need Landlord effecting such repairs unless caused by the negligence of the Landlord, its agents or employees, and the expense of such repairs or maintenance is given to Landlord will be borne by Tenant.
7.4 Except as provided in Article 22, there the Tenant who shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except pay it to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effectLandlord forthwith upon demand.
Appears in 1 contract
Samples: Lease Agreement (Active Network Inc)
Repair. 7.1 Landlord shall have no obligation to alter, remodel, improve, 4.4.1 To repair, decorate or paint the Premises, except as specified cleanse and maintain and keep in Exhibit B if attached to this Lease good and except that Landlord shall substantial repair and maintain condition fully cleansed and maintained the structural portions Demises Premises (damage by the Insured Risks excepted save to the extent that payment of the Building and its systems, including, but not limited to, the basic plumbing, air conditioning, heating and electrical systems serving the Building and/or Premises. Landlord hereby covenants to Tenant that as of the Commencement Date the base building and its systems will be in good working order and condition. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant, except as specifically set forth in this Lease.
7.2 Tenant shall, at all times during the Term, keep the Premises in good condition and repair excepting damage by fire, or other casualty, and in compliance with all applicable governmental laws, ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense.
7.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant.
7.4 Except as provided in Article 22, there insurance monies shall be no abatement of rent and no liability of Landlord withheld by reason of any injury act, neglect or default of the Tenant or any undertenant or any person under its or their control).
4.4.2 The obligations in clause 4.4.1 extend to all improvements and additions made by the Tenant to the Demised Premises and all Landlord’s fixtures, fittings and appurtenances of whatever nature affixed or interference fastened to the Demised Premises.
4.4.3 The obligations in clause 4.4.1 do not extend to damage by Insured Risks unless and to the extent that the policies of insurance in respect of Insured Risks effected by the Landlord are vitiated or the policy monies are withheld by reason of any act or omission of the Tenant, its employees or agents.
4.4.4 To maintain in good and serviceable repair and condition the Landlord’s fixtures and fittings and all apparatus plant machinery and equipment (including but without prejudice to the generality of the foregoing any lifts or lift shafts and any heating or air conditioning systems and any sprinkler system) in or upon the Demised Premises and to replace such of them as may become worn out lost unfit for use or destroyed by substituting others of a like or more modern nature and of good quality and if the Landlord shall at any time so require to enter into agreements upon terms first approved in writing by the Landlord with Tenant’s business arising the manufacturers thereof or with approved maintenance contractors for the regular inspection and servicing of the same.
4.4.5 To remedy any breach of covenant and to repair and make good all defects decays and wants of repair in respect of the Demised Premises of which notice in writing shall be given by the Landlord to the Tenant and for which the Tenant may be liable hereunder within one calendar month after the giving of such notice provided that in the case of default by the Tenant it shall be lawful for (but not obligatory upon) the Landlord (but without prejudice to the right of re-entry hereinafter contained or other rights of the Landlord with regard thereto) to enter upon the Demised Premises and remedy the breach and/or make good such defects decays and wants of repair and the cost thereof and all expenses (including surveyors’ and other professional fees) together with interest thereon at the Stipulated Rate from the making date of expenditure by the Landlord until payment by the Tenant as well after as before judgment shall be a debt due from the Tenant to the Landlord and be forthwith recoverable by action.
4.4.6 To keep the Demised Premises clean and in a neat and tidy condition and keep all rubbish and waste in enclosed receptacles on the Demised Premises or where the Landlord directs and to empty the same at least once a week.
4.4.7 To clean as often as may be requisite the inside of the window panes and frames of the Demised Premises.
4.4.8 To pay on demand the sum equivalent to the loss of rent incurred by the Landlord during such period as is reasonably required for the carrying out of works after the end of this Lease by reason of any repairs, alterations or improvements in or breach of this clause 4.4 without prejudice to any portion other rights of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect.
Appears in 1 contract
Samples: Lease (TRX Inc/Ga)
Repair. 7.1 a. Tenant, at Tenant’s sole cost and expense, shall keep in good condition and repair the Premises and every part thereof, including, without limitation (i) all plumbing and sewer facilities serving the Premises (including all sinks, toilets, faucets and drains), (ii) the rooftop HVAC units serving the Premises and all appurtenances thereto (the “HVAC Units”), (iii) the interior walls, floors, ceilings, interior doors, and all interior and exterior windows, (iv) all electrical facilities and equipment serving the Premises (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems), (v) all fire extinguishing equipment in the Building, and (vi) Tenant’s trade fixtures, installations, equipment and other personal property within the Premises. Notwithstanding the foregoing, Tenant shall not be responsible for repairs to the extent such repairs are (i) necessitated by the negligence or willful misconduct of Landlord shall have or Landlord’s agents, employees or contractors, or (ii) Landlord’s obligations pursuant to Paragraph 10.b. below. Tenant waives all rights to make repairs at the expense of Landlord as provided by any Legal Requirement now or hereafter in effect. It is specifically understood and agreed that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the PremisesPremises or any part thereof, except as specified in Exhibit B if attached to this Lease and except that Landlord shall repair and maintain the structural portions of the Building and its systems, including, but not limited to, the basic plumbing, air conditioning, heating and electrical systems serving the Building and/or Premises. Landlord hereby covenants to Tenant that as of the Commencement Date the base building and its systems will be in good working order and condition. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant. Tenant hereby waives the provisions of California Civil Code Sections 1932(1), except as specifically set forth 1941 and 1942 and of any similar Legal Requirement now or hereafter in effect. Without limitation of the foregoing, Tenant shall maintain in place throughout the Lease term, with a contractor reasonably approved by Landlord, a preventive maintenance contract for the quarterly maintenance of the HVAC Units, which contract shall be provided to Landlord upon request for Landlord’s review and approval. Notwithstanding anything to the contrary above, at Landlord’s option, Landlord may elect to perform the maintenance and repair of the HVAC Units itself, with Tenant to reimburse Landlord for the cost thereof (not to exceed customary market rates) not later than thirty (30) days following receipt of Landlord’s written invoice therefor. Further, notwithstanding anything to the contrary above in this Paragraph 10.a. or elsewhere in this Lease, Landlord warrants the good working condition of the HVAC Units for a period of twelve (12) months following the Commencement Date and, if any repairs are required to the HVAC Units during such twelve (12) month period, Landlord shall bear the cost of such repairs (excluding, however, any repairs required due to the misuse of the HVAC Units by Tenant or its employees, agents on contractors or Tenant’s failure to perform the required quarterly maintenance, unless Landlord has taken responsibility for such quarterly maintenance, in the manner permitted above). Notwithstanding the foregoing, if a warranty held by Landlord for the HVAC Units extends beyond the aforementioned twelve (12) month period, Landlord shall make the warranties available to Tenant, at no cost to Landlord, for the duration of such warranties.
7.2 b. Repairs to the Premises due to fire, earthquake, acts of God or the elements shall be governed by Paragraph 26 below, and repairs to the Premises due to a governmental taking shall be governed by Paragraph 27 below. Landlord shall (1) repair the Premises if they are damaged due to item (i) described in Paragraph 10.a. above (subject to Paragraph 16 below), (2) perform any repairs required to the Building systems during the first three (3) months immediately following the Delivery Date (with disrepair of such Building systems after the end of such three (3) month period being the responsibility of Tenant shallunder Paragraph 10.a. above, except that, to the extent any warranties received by Landlord for the subject items continue beyond such 3-month period, Landlord shall make the warranties available to Tenant, at all times during no cost to Landlord, for the Term, keep the Premises duration of such warranties); and (3) repair and maintain in good condition and repair excepting damage by firethe roof, or other casualty, exterior and in compliance with all applicable governmental laws, ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense.
7.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant.
7.4 Except as provided in Article 22, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion structural portions of the Building and the Common Areas, provided that, if repairs under items (2) or (3) are necessitated by the Premises negligence or to fixturesdeliberate misconduct of Tenant or Tenant’s agents, appurtenances and equipment in employees or contractors, then Tenant shall reimburse Landlord for the Building. Except cost of such repair to the extent, if any, prohibited extent Landlord is not reimbursed therefor by law, Tenant waives insurance or warranties. Landlord shall in no event be obligated to repair any wear and tear to the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effectPremises.
Appears in 1 contract
Samples: Office Lease (Zscaler, Inc.)
Repair. 7.1 By taking possession, Tenant accepts the Premises as being in good order, condition and repair, and in the condition in which Landlord is obligated to deliver them, and Tenant shall have execute and deliver to Landlord, upon demand, a letter of acceptance of delivery of the Premises. Tenant shall, at all times during the Term, keep the Premises in good condition and repair, excepting damage thereto by fire, earthquake, act of God, or the elements; comply with all governmental laws, ordinances and regulations applicable to its use and occupancy of the Premises; and promptly comply with all governmental orders and directives for the corrective prevention and abatement of any violations or nuisances in or upon, or connected with, the Premises; all at Tenant's sole expense. It is hereby understood and agreed that Landlord has no obligation to alter, remodel, improve, repair, decorate or paint the Premises, except as specified in Exhibit B B, if attached to this Lease hereto, and except that Landlord shall repair and maintain the structural portions of the Building and its systems, including, but not limited to, the basic plumbing, air conditioning, heating and electrical systems serving the Building and/or Premises. Landlord hereby covenants to Tenant that as of the Commencement Date the base building and its systems will be in good working order and condition. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant, except as specifically set forth in herein. Notwithstanding the above provisions of this Lease.
7.2 Tenant shallArticle, at all times during Landlord shall repair and maintain the Termstructural portions of the Building, keep including the Premises in good condition basic plumbing (excluding wet bars and repair excepting damage sinks within the Tenant's space), air conditioning, heating and electrical systems, installed or furnished by fire, or other casualty, and in compliance with all applicable governmental laws, ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense.
7.3 Landlord. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of for such repairs or maintenance is has been given to Landlord by Tenant.
7.4 . Additionally, Landlord may from time to time perform remodeling, renovation or other construction in, on or to the Building and its common areas, which work may render certain of such areas unavailable for use by Tenants, and which work may inconvenience Tenant's access to or quiet enjoyment of the Premises. Except as provided in Article 22, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s 's business arising from the making of any such repairs, alterations alterations, improvements, remodeling, renovation or improvements other construction in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment in the Buildingherein, and Tenant hereby waives any and all rights relating thereto. Except to the extent, if any, prohibited by lawAdditionally, Tenant waives the right to make repairs at Landlord’s 's expense under any law, statute or ordinance now or hereafter in effect. Tenant may understand that Landlord is considering making improvements to the lobby and/or other common areas of the Building. Tenant expressly acknowledges that: (a) Landlord may or may not undertake all or part of such improvements; and (b) Tenant did not rely upon the occurrence of such improvements in executing this Lease.
Appears in 1 contract
Samples: Lease Amendment (Antivirals Inc)
Repair. 7.1 Landlord shall have no obligation to alterIf the Premises are damaged or destroyed by any casualty, remodel, improve, repair, decorate or paint the Premises, except as specified in Exhibit B if attached to then unless this Lease is terminated in accordance with this Xxxxxxxxx 00, Xxxxxxxx shall, as soon as reasonably practicable, in a reasonable, good and except that Landlord shall workmanlike manner and in accordance with Laws, repair and maintain the structural portions of the Building and its systems, including, but not limited to, the basic plumbing, air conditioning, heating and electrical systems serving the Building and/or Premises. Landlord hereby covenants Premises to Tenant that as of the Commencement Date the base building and its systems will be in good working order and condition. It is hereby understood and agreed that no representations respecting the condition of in which the Premises were immediately prior to such damage or the Building have been made by Landlord to Tenantdestruction; provided, except as specifically set forth in this Lease.
7.2 Tenant shallhowever, at all times during the Term, keep the Premises in good condition and repair excepting damage by fire, or other casualty, and in compliance with all applicable governmental laws, ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense.
7.3 that Landlord shall not be liable for required to repair any failure damage to, or to make any repairs restoration or to perform any maintenance unless replacement of, Tenant’s Property. If Tenant does not occupy the Premises during the period of such failure repairs, then during such period, Landlord shall persist for an unreasonable time after written notice of regularly communicate with Tenant regarding the need progress of such repairs so that Tenant can reasonably plan for the recommencement of Tenant’s occupancy of the Premises. Landlord shall permit Tenant and its agents to enter the Premises during the thirty (30)-day period prior to the completion of such repairs to prepare the Premises for Tenant’s use and occupancy, including the installation of Tenant’s Property. Any such permission shall constitute a license only, conditioned on Tenant’s:
(a) working in harmony with Landlord, Landlord’s employees, agents and contractors and other tenants and occupants of the Building, and not interfering with, delaying or maintenance is given otherwise adversely affecting Landlord’s work;
(b) obtaining in advance Landlord’s approval of the contractors proposed to be used by Tenant and, if requested by Landlord, depositing with Landlord by Tenant.in advance of any work the contractor’s affidavit for the proposed work and the waivers of lien from the contractor and all subcontractors and suppliers of materials; and
7.4 Except (c) furnishing Landlord with such insurance as provided in Article 22, there Landlord may reasonably require against liabilities that may arise out of such entry. Any such activities shall be no abatement governed by Paragraph 9.2 and all other terms of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effectthis Lease.
Appears in 1 contract
Samples: Lease (Health Catalyst, Inc.)
