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, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord. By taking possession of the Premises, Tenant accepts them as being in good order, condition and repair 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 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 (Schrodinger, Inc.), Lease Agreement (LogMeIn, Inc.)
Repair. 7.1 (a) By entry hereunder upon commencement of the term hereof, Tenant accepts the Premises as being in good, sanitary order, condition and repair. Tenant, at Tenant's sole cost and expense, shall keep the interior of the Premises and the Building electrical and plumbing systems in good working order at all times. Tenant shall be responsible for providing its own janitorial services for the Premises and all other matters concerning day-to-day maintenance of the interior of the Building. Tenant hereby waives all rights to make repairs at the expense of Landlord shall have as provided by any law, statute or ordinance now or hereinafter in effect. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, repairor repair the building systems which are the responsibility of the Tenant (i.e. plumbing and electrical), or to decorate or paint the Premises, except as specified in Exhibit B if attached to this Lease Premises or any part thereof and except that Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord. By taking possession of the Premises, Tenant accepts them as being in good order, condition and repair 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, Tenant except as specifically herein set forth in this Lease.
7.2 forth. Tenant shall, at hereby waives all times during the Term, keep the Premises in good condition and repair excepting damage by fire, or other casualtyrights under, and in compliance with all applicable governmental lawsbenefits of, ordinances subsection 1 of section 1932 and regulations, promptly complying with all governmental orders sections 1941 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 1942 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 California Civil Code 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 similar law, statute or ordinance now or hereafter in effect.
(b) If Landlord makes any additions, alterations or improvements to any portion of the Real Property at the written request of Tenant, then Tenant shall pay all cost and expense of same as if it were being done on the Premises pursuant to Paragraph 9 and Landlord at its option may charge Tenant for the entire additional cost and expense of repair, maintenance and operation of the Real Property resulting therefrom incurred by Landlord from time to time as determined by Landlord, damage to any such additions, alterations or improvements by fire, earthquake, act of God, or elements excepted. Tenant shall promptly pay Landlord such cost and expense upon demand.
(c) Notwithstanding any of the terms of Paragraph 10(a) of the Lease to the contrary, Tenant's acceptance of the Premises shall be subject to Landlord's completion of any punchlist items within sixty (60) days after the commencement of the Agreed Initial Term and to Landlord's obligation to balance and adjust the HVAC and other building systems in the Premises after Tenant takes occupancy. Landlord shall remain obligated to repair any latent defects in the Premises and the Building, except for the electrical and plumbing systems.
(d) Landlord shall, at Landlord's sole cost and expense, repair and maintain in good order and condition, the foundations, bearing and exterior walls, the roof and roof membrane and other structural portions of the Building. Landlord shall also repair and maintain in good working order the heating, ventilation and air conditioning system and elevator serving the Premises (except that Tenant shall be responsible for cleaning the elevator cab). With respect to the repair and maintenance of the HVAC system and elevator: (1) any service contracts therefore shall be included within the definition of Operating Expense (which are the two (2) items contemplated at the time this Lease is made, as being "unduly" low as set forth in Paragraph 7(b) and (ii) any capital items of repair or replacement may be included in Operating Expense on an amortized basis in the manner provided in Paragraph 7(a) for the amortization of other capital items described therein.
Appears in 2 contracts
Samples: Lease (Montgomery Realty Group Inc), Lease (Montgomery Realty Group Inc)
Repair. 7.1 a. Except as specifically provided in this Lease, following completion of the Pre-Delivery Work and the Overlap Work, Tenant accepts the Premises as being 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 drop ceilings of the Premises, those portions of the Base Building located within and exclusively serving the Premises (including Base Building restrooms located on floors on which the Premises are comprised of the full floor), 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, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord. By taking possession of the Premises, Tenant accepts them as being in good order, condition and repair 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. 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 repair the Premises if they are damaged due to item (i) described in Paragraph 10.a. above (subject to Paragraph 16 below). Further, Landlord shall, at Landlord’s sole cost and expense, repair and maintain in good condition and repair the Base Building and Building Systems and cause them to comply with the standards of operation that are required as a part of Landlord’s Work (as set forth in Exhibit D hereto), except that, as to portions of the Building Systems that are located within and exclusively serve the Premises, Landlord shall only be required to maintain and repair the same during the first twelve (12) months following the Commencement Date and only if Tenant gives notice of disrepair to Landlord promptly upon discovery by Tenant (with disrepair of such portions of the Building Systems after the end of such twelve (12) month period being covered by Paragraph 10.a. above); provided, however, that to the extent repairs which Landlord is required to make pursuant to the foregoing 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 2 contracts
Samples: Office Lease (Twitter, Inc.), Office Lease (Twitter, Inc.)
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, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord. By taking possession of the Premises, Tenant accepts them as being in good order, condition and repair 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. 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 a. Subject to Landlord’s obligation to repair Landlord Punch List items under Paragraph 4.a. above, and subject to Paragraph 10.b. below, Tenant accepts the Premises in the conditioned delivered. Tenant, at Tenant’s sole cost and expense, shall have keep the Premises and every part thereof (including the interior walls and drop ceilings of the Premises, those portions of the Building Systems (as defined below) 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 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, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord. By taking possession of the Premises, Tenant accepts them as being in good order, condition and repair 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. 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 repair the Premises if they are damaged due to item (i) described in Paragraph 10.a. above (subject to Paragraph 16 below). Further, Landlord shall, at Landlord’s sole cost and expense (subject to Paragraph 7.a. above), repair and maintain in good condition and repair (x) the common areas of the Real Property that are in Tenant’s anticipated path of travel during the Lease term, (y) the structural portions of the Building (which are comprised of the exterior walls and windows, columns, shafts, common stairwells, roof, foundation, floor/ceiling slabs and core of the Building and are referred to herein as the “Base Building”) and (z) all of the Building systems, including, without limitation, elevator, plumbing, heating, electrical, security, life safety and power (the “Building Systems”), provided that, as to portions of the Building Systems that are located within and exclusively serving the Premises, Landlord shall only be required to maintain and repair the same if they were provided as part of Landlord’s Work and, provided further, Landlord shall only be required to maintain and repair the same during the twelve (12) months immediately following the Commencement Date and only if Tenant gives notice of disrepair to Landlord promptly upon discovery by Tenant (with disrepair of such portions of the Building Systems after the end of such twelve (12) month period being the responsibility of Tenant under Paragraph 10.a. above); provided further that, to the extent repairs which Landlord is required to make pursuant to the foregoing are necessitated by the negligence or deliberate misconduct of Tenant or Tenant’s agents, employees, contractors, customers or licensees, 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 (New Relic Inc)
Repair. 7.1 Landlord (a) The Tenant shall have no obligation at all times at its sole cost and expense keep or cause to alter, remodel, improve, be kept in good and substantial repair, decorate or paint order and condition, the whole of the Leased Premises, except as specified including, without limitation, all leasehold improvements, equipment, trade fixtures, fixtures and other facilities (including, without limitation, all wiring, piping, lighting and plumbing fixtures, operating equipment, sprinkler and heating, ventilation, and air conditioning systems) located on, in, under, above, or which directly serve the Leased Premises, and at the expiry or sooner termination of this Lease, the Tenant will peaceably surrender the Leased Premises in Exhibit B if attached to good and substantial repair and condition, reasonable wear and tear excepted. During the Term of this Lease the Tenant will complete and except that effect all necessary replacements, repairs (excepting structural repairs), and maintenance in relation to the Leased Premises no matter the cause or reason giving rise to the need to complete repairs, negligence by the Landlord shall repair or its agents excepted. The Tenant will permit the Landlord and maintain its agents or employees at any time, and on reasonable notice, to enter the structural portions Leased Premises for purposes of repair, renovation, or maintenance, which are the responsibility of the BuildingLandlord or can be completed by the Landlord, including at its option, pursuant to the basic plumbingterms of this Lease.
(b) If the Landlord determines, air conditioningacting reasonably, heating that the Tenant is not adequately maintaining the Leased Premises in accordance with the provision set-out above, then the Landlord may give the Tenant written notice of its intention to attend to such maintenance or repairs as necessary, and electrical systems upon completion of such maintenance or repairs, the Tenant shall pay the Landlord’s cost incurred plus Fifteen percent (15%) of the Landlord’s costs for overhead and supervision, all as Additional Rent.
(c) All leasehold improvements when installed, whether installed before or furnished by Landlord. By taking after the Tenant takes possession of the Leased Premises, Tenant accepts them as being in good order, condition and repair and in or on the condition in which Landlord is obligated to deliver them, except as set forth in Leased Premises become the punch list to be delivered pursuant to Section 2.
1. It is hereby understood and agreed that no representations respecting the condition property of the Landlord, without compensation to the Tenant. Notwithstanding the foregoing, and notwithstanding that the Landlord insures the leasehold improvements, the Tenant shall be exclusively responsible for the repair, replacement, operation, and maintenance of the leasehold improvements. Unless the Landlord specifically requires the Tenant to remove, the Tenant shall not remove any leasehold improvements from the Leased Premises. At the end of the Term, or any extension thereof, the Tenant will, at its expense, remove the leasehold improvements that the Landlord has specifically required the Tenant to remove. The Tenant shall make good any damage caused to the Leased Premises or the Building have been made by Landlord such installation or removal of the leasehold improvements, and the Tenant shall restore the Leased Premises to Tenant, except as specifically set forth in this Leasea condition of good and substantial repair.
7.2 Tenant shall, at all times during (d) At the end of the Term, keep or any renewal thereof, the Tenant will, at its expense, remove all furniture, furnishings, equipment (the “FFE”), and trade fixtures and make good any damage caused to the Leased Premises in by such installation or removal, and restore the Leased Premises to a condition of good condition and repair excepting damage substantial repair. If the Tenant does not remove any leasehold improvements, as required by firethe Landlord, or other casualtyremove its FFE, the Landlord may, without liability on its part, without notice to the Tenant, enter the Leased Premises, and in compliance with remove such items at the Tenant’s expense, plus an administration charge of Fifteen percent (15%) of such amount, to be paid as Additional Rent.
(e) At its sole cost, the Tenant shall undertake and complete all applicable governmental lawsnecessary repairs or replacements required to the Leased Premises, ordinances and regulationsor the Property, promptly complying with all governmental orders and directives for as a result of damage occasioned to the correctionLeased Premises, prevention and abatement or the Property, by virtue of any violations or nuisances break- in or upon, or connected with, attempted break-in to the Leased Premises, all at Tenant’s sole expense.
7.3 Landlord shall not be liable for any failure (f) The Tenant agrees to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after obtain the prior written notice approval 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 prior to any portion of the Building or the Premises or to fixtures, appurtenances and equipment work being completed 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 effectLeased Premises.
Appears in 1 contract
Samples: Lease Agreement (Adven 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, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord. By taking possession of the Premises, Tenant accepts them the Premises as being in good order, condition and repair 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 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.
7.2 Tenant hereby waives and releases its right to make repairs at Landlord's expense under Section 1941 and 1942 of the California Civil Code and its right to terminate the Lease under Section 1932(l) of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect.
7.3 Except as otherwise provided in Section 7.6, Tenant shall at its own cost and expense keep and maintain all parts of the Building and improvements 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's 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 tear 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.
7.4 Except as provided in Article 22Articles 22 and 23, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s Tenants 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.
7.5 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. 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. Notwithstanding any terms in the preceding to the contrary, Tenant has requested, and Landlord has agreed, to initially waive the requirement that Tenant enter into a service contract; however, if Landlord at any time during the Term determines that any of the heating and air conditioning systems servicing the Premises are not being maintained in good condition and repair, Landlord's waiver shall be of no further force or effect and Tenant shall thereafter comply with the provisions of this Section 7.5 (other than this sentence) and Landlord shall have all rights hereunder if Tenant fails to so comply.
7.6 Landlord shall, subject to receiving Tenants Proportionate Share of Direct Expenses, and subject to the last sentence of Section 7.3, Article 22 and Article 23, maintain in good condition and repair the roof (excluding any skylights, but including as needed any replacement thereof), exterior walls and foundation of the Building and paint the exterior of the Building and clean the exterior windows of the Building as and when such painting or window cleaning, as the case may be, becomes necessary in Landlord's sole discretion. Landlord shall not be required to make any repairs to the roof, exterior walls or foundation unless and until Tenant has notified Landlord in writing of the need for such repair and Landlord shall have a reasonable period of time thereafter to commence and complete such repair, if warranted. The cost of any maintenance and repairs on the part of Landlord provided for in this Section 7.6 shall be considered part of Direct Expenses, except to the extent excluded therefrom under Section 4.1.2 and except that repairs which Landlord deems arise out of any improvements or alterations made by or on behalf of Tenant to the Premises or the negligence or willful misconduct of Tenant or any of its employees, agents or contractors shall be made at the expense of Tenant. Landlord's obligations to so repair and maintain the Premises shall be limited to the cost of effecting such repair and maintenance and in no event shall Landlord be liable for any costs or expenses in excess of said amounts, including, but not limited to, any consequential damages, opportunity costs or lost profits incurred or suffered by Tenant.
Appears in 1 contract
Repair. 7.1 a. Subject to Paragraph 10.b. below and Landlord's obligations under Paragraphs 3, 4 and 8.b. above, 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 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, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord. By taking possession of the Premises, Tenant accepts them as being in good order, condition and repair 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. 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 because of 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 Base Building (as defined in the last sentence of Paragraph 8.b. above); provided, however, that to the extent repairs which Landlord is required to make pursuant to the above are necessitated by the negligence or willful misconduct of Tenant or Tenant's agents, employees or contractors, or are due to Alterations performed by or for Tenant, then Tenant shall reimburse Landlord for the cost of such repair within thirty (30) days after Landlord's demand (accompanied by invoices or other reasonable documentation supporting such costs) to the extent Landlord is not reimbursed therefor by insurance. Landlord shall in no event be obligated to repair any ordinary wear and tear to the Premises. Landlord shall repair and maintain the Real Property in accordance with the foregoing provisions to the standards of other first-class high-rise office buildings in downtown Oakland (including buildings not owned or managed by Landlord or any affiliate thereof), and shall perform all such repairs and maintenance with reasonable diligence (taking into account the nature and urgency of the work) after receiving notice or otherwise obtaining actual knowledge of the need for the same.
Appears in 1 contract
Samples: Office Lease (Ask Jeeves Inc)
Repair. 7.1 a. By taking possession of the Premises, Tenant agrees that the Premises are in good condition and repair, subject to completion of Punch List Items. 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, ordinary wear and tear excepted; provided that Tenant shall not be responsible for repairs to the extent such repairs are Landlord's obligation pursuant to Paragraph 10.b. below. Tenant waives all rights to make repairs at the expense of Landlord shall have 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, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord. By taking possession of the Premises, Tenant accepts them as being in good order, condition and repair 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. Tenant hereby waives the provisions of 14 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. 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 (other than the portions of those systems that are Tenant's responsibility to maintain and repair pursuant to Paragraph 10.a. above), 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
Repair. 7.1 a. Tenant, at Tenant’s sole cost and expense, shall keep the Premises and every interior, non-structural 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 Tenant Improvements and Alterations, and including, without limitation, dishwashers, garbage disposals, and insta-hot dispensers) 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 obligations pursuant to Paragraph 10.b. below. Except as expressly provided in Paragraph 10.c. below, Xxxxxx 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, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord. By taking possession of the Premises, Tenant accepts them as being in good order, condition and repair 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. 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 similar Legal Requirement now or nuisances hereafter in or upon, or connected with, effect. In completing repair and maintenance of the Premises, all at TenantTenant shall comply with Xxxxxxxx’s sole expense.
7.3 Landlord shall not be liable for Sustainability Practices (as defined below), including any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of third-party rating system concerning 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 environmental compliance of the Building or the Premises, as the same may change from time to time.
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 consistent with other Comparable Buildings and repair the structural portions of the Building, including, without limitation, the foundation, floor/ceiling slabs, roof, curtain walls, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, parking garage, stairwells, escalators, elevator cabs, and all plazas, artwork, sculptures, common washrooms, mechanical, electrical and telephone closets, an all Common Areas and public areas, 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.
c. If Landlord fails to perform any of its repair and maintenance obligations within the Premises under this Lease and such failure materially adversely affects the use of or operation of business from the Premises or any part thereof, and if Landlord fails to fixtures, appurtenances and equipment cure or to commence the cure of such failure within a reasonable period of time after written notice (or oral notice in the Building. Except event of an emergency), given the circumstances, after the receipt of such notice, but in any event not later than twenty (20) days after written notice from Tenant and thereafter diligently pursue such cure to the extentcompletion, if anyand such failure continues for five (5) days after Xxxxxx's delivery of an additional written notice to Landlord specifying that Tenant intends to take such actions (provided, prohibited by lawhowever, that neither of such notices shall be required in an event which poses an imminent threat of bodily injury) then Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect.4885-9329-8068.6391320.00007/5-29-24/arb/bwt (20)
Appears in 1 contract
Samples: Office Lease (e.l.f. Beauty, Inc.)
Repair. 7.1 Landlord (a) Tenant 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, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord. By taking possession of the Premises, Tenant accepts them as being in take good order, condition and repair 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 care of the Premises or the Building have been made by Landlord to Tenant, except as specifically set forth in this Lease.
7.2 Tenant shalland, at Tenant's cost and expense, shall make all times during the Term, keep repairs and replacements as and when Landlord deems necessary to preserve the Premises in good working order and condition normal wear and repair excepting damage tear excepting, except that Tenant shall not be required to make any such structural repairs or structural replacements unless necessitated or occasioned by firethe acts, omissions or negligence of Tenant, or other casualtyany of its employees, and in compliance with all applicable governmental lawscontractors, ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of any violations agents or nuisances in or uponinvitees, or connected with, by the Premises, all at manner of Tenant’s sole expense.
7.3 's use or occupancy of the Premises (but then only to the extent not covered by Landlord's insurance). 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, and there shall be no abatement of rent and no liability of Landlord by reason of Base Rental or Additional Charges with respect to any injury to or interference with Tenant’s Xxxxxx's business arising from the making of any repairs, alterations maintenance, alteration or improvements improvement in or to any portion of the Building Building, including the Premises, or the Premises in or to the fixtures, appurtenances and equipment in the Buildingtherein. Except to the extent, if any, prohibited by law, Tenant hereby waives the and releases its right to make repairs at Landlord’s 's expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. In addition, Tenant hereby waives and releases its right to terminate this Lease under Section 1932(1) of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect.
(b) All repairs and replacements made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed (i) at Tenant's sole cost and expense and at such time and in such manner as Landlord may reasonably designate, (ii) by contractors or mechanics reasonably approved by Landlord, (iii) so that same shall be at least equal in quality, value, and utility to the original work or installation in all material respects, (iv) in accordance with the rules and regulations for the Building reasonably adopted by Landlord from time to time, and (v) in accordance with all applicable laws and regulations of governmental authorities having jurisdiction over the Premises.
Appears in 1 contract
Samples: Lease Agreement (Embark Com 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, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord. By taking possession of the Premises, Tenant accepts them as being in good order, condition and repair 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. 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 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 in Exhibit B if attached to this Lease and except that Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord. By taking possession of the Premises, Tenant accepts them as being in good order, condition and repair and in the condition in which Landlord is obligated to deliver them, except as expressly set forth in the punch list to be delivered pursuant to Section 2.
1. It is hereby understood and agreed that this Lease, 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 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, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord. By taking possession of the Premises, Tenant accepts them as being in good order, condition and repair 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. 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 Subject to the provisions of this Xxxxxxxxx 00, Xxxxxx, ------ at Tenant's sole cost, shall keep the Premises in good condition and repair, damage by fire, earthquake, act of God or the elements excepted. Tenant waives all rights to make repairs at the expense of Landlord shall have as provided by any law now or hereafter in effect. Except as specifically set forth in this Lease, Landlord has 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, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord. By taking possession of the Premises, Tenant accepts them as being in good order, condition and repair 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 any part thereof. Tenant hereby waives the Building have been made by Landlord to Tenantprovisions 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 similar law, statute or ordinance now or hereafter in effect. Landlord shall, at Landlord's sole cost, perform those repairs that are necessitated because of fire, earthquake, act of God or the elements, or by the negligence or willful misconduct of Landlord. Further, Landlord shall repair and maintain in good condition the structural portions of the Building, the exterior and the public and common areas of the Real Property and all Building systems, including plumbing, HVAC, electrical, telecommunications cabling, life safety and other systems installed or furnished by Landlord, but excluding (i) non-Building standard lighting and electrical and telecommunications wiring and (ii) extraordinary quantities of electrical, telecommunications, plumbing, HVAC or other Building facilities or distribution thereof, the costs of all of which shall be operating Expenses. Notwithstanding the foregoing, if the repairs Landlord is required to make pursuant to this Paragraph 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 (Intellisys Group Inc)
Repair. 7.1 a. Except as specifically provided in this Lease, 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 in the condition received, ordinary wear and tear excepted; 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 l0.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, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord. By taking possession of the Premises, Tenant accepts them as being in good order, condition and repair 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.
b. Repairs to the Premises necessitated because of fire, except 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 l0.a. above. Further, Landlord shall (1) at Landlord’s sole cost and expense, repair any defect in the construction of Tenant improvements that exists in the Premises as specifically set forth of the date Tenant takes possession of the Premises and is of a nature which would not normally be discoverable by Tenant in the exercise of reasonable diligence in inspecting the Premises at the commencement of the term of this Lease.
7.2 , provided Tenant shallgive prompt notice of such matter to Landlord promptly upon discovery and no later than twelve (12) months after the Commencement Date, at all times during the Term, keep the Premises and (2) repair and maintain 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 common areas of any violations or nuisances in or upon, or connected withthe Building, 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 all Building systems, including plumbing, air conditioning, heating, electrical, life safety and other systems installed or the Premises furnisher by Landlord, but excluding (i) non-Building standard lighting and electrical wiring and (ii) extraordinary quantities of electrical, plumbing, HVAC or to fixturesother Building facilities or distribution thereof; provided, appurtenances and equipment in the Building. Except however, that to the extent, if any, prohibited by law, Tenant waives the right extent repairs which Landlord is required to make repairs at Landlordpursuant to this item (2) are necessitated by the negligence or deliberate misconduct of Tenant or Tenant’s expense under agents, employees or contractors, or are due to Alterations performed by or for Tenant, 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 law, statute or ordinance now or hereafter in effectwear and tear to the Premises.
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Repair. 7.1 a. By taking possession of the Premises, Tenant agrees that the Premises are in good condition and repair, but the foregoing shall not relieve Landlord from its obligation to perform Landlord's Work as required by Paragraph 4.c. above, or from its repair obligations pursuant to Paragraphs 10.b. and 26 below. Tenant, at Tenant's sole cost and expense, shall have 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, ordinary wear and tear excepted. 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, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord. By taking possession of the Premises, Tenant accepts them as being in good order, condition and repair 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. 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. Landlord shall repair and maintain in good condition and repair the Base Building (other than the portions of Building systems that are Tenant's responsibility to maintain and repair pursuant to Paragraph 10.a. above) and common areas of the Real Property; provided, however, that to the extent repairs which Landlord is required to make pursuant to this Paragraph 10.b. are necessitated by the negligence or willful misconduct of Tenant or Tenant's agents, employees or contractors, then Tenant shall reimburse Landlord for the cost of such repair within thirty (30) days after Landlord's demand to the extent Landlord is not reimbursed therefor by insurance (assuming for such purpose that Landlord carries the insurance it is required to carry pursuant to Paragraph 15.d. below). Landlord shall in no event be obligated to repair any ordinary wear and tear to the Premises. Landlord shall repair and maintain the Real Property in accordance with the foregoing provisions to the standards of other first-class high-rise office buildings in the San Francisco financial district.
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Samples: Office Lease (Critical Path Inc)
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, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by LandlordLandlord and including any leaks from the Building Mechanical Area or the 21st floor. By taking possession of the Premises, Tenant accepts them as being in good order, condition and repair 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 for such repairs or maintenance is given to Landlord by Tenant.
7.4 7.4. Except as provided in Article 2223 of 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 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. In any case, Tenant shall give Landlord at least thirty (30) days notice describing in reasonable detail any repair which Tenant proposes to make at Landlord’s expense and Tenant shall not make any such repair unless Landlord fails to commence such repair within said time or fails to continue with such repair with reasonable diligence.
Appears in 1 contract
Samples: Assumption and Attornment Agreement (Archipelago Holdings L L C)
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) in good condition and repair. Tenant waives all rights to make repairs at the expense of Landlord shall have 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, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord. By taking possession of the Premises, Tenant accepts them as being in good order, condition and repair 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. 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. Landlord shall repair and maintain in good condition and repair the Base Building (other than the portions of Building systems that are Tenant's responsibility to maintain and repair pursuant to Paragraph 10.a. above) and common areas of the Real Property; provided, however, that to the extent repairs which Landlord is required to make pursuant to this Paragraph 10.b. are necessitated by the negligence or willful misconduct of Tenant or Tenant's agents, employees or contractors, then Tenant shall reimburse Landlord for the cost of such repair within thirty (30) days after Landlord's demand to the extent Landlord is not reimbursed therefor by insurance. Landlord shall in no event be obligated to repair any ordinary wear and tear to the Premises. Landlord shall repair and maintain the Real Property in accordance with the foregoing provisions to the standards of other first-class high-rise office buildings in the San Francisco financial district.
c. Landlord represents and warrants to Tenant that those portions of the Building systems located within and exclusively serving the Premises are, and as of the applicable Commencement Date will be, in good working order and condition; provided, however, that the foregoing shall not imply any representation or warranty as to the useful life of such systems, nor shall the foregoing diminish Tenant's responsibility to perform any repairs, modifications or improvements to the same necessitated after the Commencement Date by reason of Tenant's use of the same, Tenant's Alterations, or otherwise.
Appears in 1 contract
Samples: Office Lease (Bea Systems 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, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord. By taking possession of the Premises, Tenant accepts them as being in good order, condition and repair 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 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 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) in good condition and repair. Tenant waives all rights to make repairs at the expense of Landlord shall have 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, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord. By taking possession of the Premises, Tenant accepts them as being in good order, condition and repair 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. 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. Landlord shall repair and maintain in good condition and repair the Base Building (other than the portions of Building systems that are Tenant's responsibility to maintain and repair pursuant to Paragraph 10.a. above) and common areas of the Real Property; provided, however, that to the extent repairs which Landlord is required to make pursuant to this Paragraph 10.b. are necessitated by the negligence or willful misconduct of Tenant or Tenant's agents, employees or contractors, then Tenant shall reimburse Landlord for the cost of such repair within thirty (30) days after Landlord's demand to the extent Landlord is not reimbursed therefor by insurance. Landlord shall in no event be obligated to repair any ordinary wear and tear to the Premises. Landlord shall repair and maintain the Real Property in accordance with the foregoing provisions to the standards of other first-class high-rise office buildings in the San Francisco financial district.
Appears in 1 contract
