Common use of Repair Clause in Contracts

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, subject to Article 4, 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, the roof and the common area. 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 ordinary wear and tear, 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 1 contract

Samples: Lease (Ore Pharmaceuticals Inc.)

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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, subject to Article 4, that Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, roof, air conditioning, heating and electrical systems installed or furnished by Landlord, the roof and the common area. 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. Tenant has no authority to go upon the roof or make any cuts or holes in the roof without the prior written consent of the Landlord. 7.2 Tenant shall, at all times during the Term, keep the Premises in good condition and repair excepting damage by ordinary wear and tear, fire, or other casualty, and in compliance with all applicable governmental laws, ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the Premises, all at Tenant’s 's sole expense. 7.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. 7.4 Except as provided in Article 22, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s 's expense under any law, statute or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Lease (Aksys LTD)

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, subject to Article 4, that Landlord shall repair and maintain in good working order and condition the structural portions of the Building, including the roof, foundation, structural supports, exterior walls, windows, elevators, basic plumbing, air conditioning, heating heating, and electrical systems installed or furnished by Landlord(but excluding any supplemental HVAC systems) and shall clean and maintain the Building common areas, the roof including parking areas, and the common areaprovide snow removal. By taking possession of the Premises, Tenant Xxxxxx 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. Notwithstanding the foregoing, Landlord shall cause all base building systems, including HVAC, electrical, plumbing and sewer, to be in good working order and sufficient for the Permitted Uses at Tenant’s intended occupancy levels as of the Commencement Date. 7.2 7.2. Tenant shall, at all times during the Term, keep the Premises in good condition and repair excepting normal wear and tear and damage by ordinary wear and tear, 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. Notwithstanding the foregoing, Tenant shall not be responsible for remedying any incident of non-compliance in or upon, or connected with, the Premises existing as of the Commencement Date (unless the same was caused by Tenant or any Tenant Entities following their initial entry upon the Premises). 7.3 7.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. 7.4 7.4. Except as provided in Article 22this Lease, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with TenantXxxxxx’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. Landlord shall use reasonable efforts to minimize disruption to Tenant’s business operations during Landlord’s performance of any such repairs, alterations or improvements. However, if Landlord fails to make any repairs or to perform any maintenance required of Landlord hereunder and within Landlord’s reasonable control, and such failure shall persist for an unreasonable time (not less than thirty (30) days) after written notice of the need for such repairs or maintenance is given to Landlord and any mortgagee (of which Xxxxxx has written notice) by Xxxxxx, and such mortgagee is afforded an additional reasonable opportunity (not less than thirty (30) days) to effect such repairs, and unless Landlord or such mortgagee has commenced such repairs or maintenance during such period and is diligently pursuing the same, and if due to such failure Tenant is unable to reasonably conduct its business in the Premises, Xxxxxx’s obligation to pay rent hereunder shall prospectively xxxxx until such failure is cured. Except to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Lease Agreement (Ocular Therapeutix, 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 UExhibit BU if attached to this Lease and except that, subject to Article 4, that Landlord shall repair and maintain the structural portions of the Building, including the foundation, roof structure and exterior walls, basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord, the roof and the common area. 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. 12.1. However, notwithstanding the foregoing, Landlord agrees that the base Building electrical, heating, ventilation and air conditioning and plumbing systems located in the Premises shall be in good working order as of the date Landlord delivers possession of the Premises to Tenant. Except to the extent caused by the acts or omissions of Tenant or any Tenant Entities or by any alterations or improvements performed by or on behalf of Tenant, if such systems are not in good working order and repair as of the date possession of the Premises is delivered to Tenant and Tenant provides Landlord with notice of the same within three hundred and sixty-five (365) days following the date Landlord delivers possession of the Premises to Tenant, Landlord shall be responsible for repairing or restoring the same. The foregoing shall not apply to any inadequacy of the existing HVAC system serving the Premises for Tenant's purposes, as more particularly addressed in Section 7.5. 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 ordinary wear and tear, 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 1 contract

Samples: Lease (8x8 Inc /De/)

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, subject to Article 4, that Landlord shall repair and maintain the structural portions of the Building, including the roof, basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord, the roof and the common area. By taking possession of the Premises, subject to the terms of Exhibit B attached hereto with respect to the Tenant Improvements, 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. 12.1. However, notwithstanding the foregoing, Landlord agrees that the base Building electrical, heating, ventilation and air conditioning and plumbing systems located in the Premises shall be in good working order as of the date Landlord delivers possession of the Premises to Tenant. Except to the extent caused by the acts or omissions of Tenant or any Tenant Entities or by any alterations or improvements performed by or on behalf of Tenant, if such systems are not in good working order as of the date possession of the Premises is delivered to Tenant and Tenant provides Landlord with notice of the same within sixty (60) days following the date Landlord delivers possession of the Premises to Tenant, Landlord shall be responsible for repairing or restoring the same. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant, except as specifically set forth in this Lease. 7.2 Tenant shall, at all times during the Term, keep the Premises in good condition and repair excepting damage by ordinary wear and tear, 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 1 contract

Samples: Lease (Cray 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, subject to Article 4, that Landlord shall repair and maintain in good condition the common areas and structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord, including without limitation, the roof parking spaces, landscaping, lobbies and the common arearestrooms. By taking possession of the Premises, Tenant Xxxxxx 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 ordinary wear and tear, 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 TenantXxxxxx’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 BuildingBuilding provided that Landlord shall use reasonable efforts to minimize interference with Xxxxxx’s use of the Premises and any disruptions. Except to Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the extentCalifornia Civil Code, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s expense under or any law, statute similar or ordinance successor Regulations or other laws now or hereafter hereinafter in effect.

Appears in 1 contract

Samples: Lease (Phenomix CORP)

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, subject to Article 4, 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 (including all unexposed portions of all systems in the Premises that service the Building in general), the roof, roof covering, foundation, footings and the common areaconcrete slab. 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. 12.1. Notwithstanding the foregoing, Landlord agrees that the base Building electrical, heating, ventilation and air conditioning and plumbing systems servicing the Premises shall be in good working order as of the date Landlord delivers possession of the Premises to Tenant. Except to the extent caused by the acts or omissions of Tenant or any Tenant Entities or by any alterations or improvements performed by or on behalf of Tenant, if such systems are not in good working order as of the date possession of the Premises is delivered to Tenant and Tenant provides Landlord with notice of the same within sixty (60) days following the date Landlord delivers possession of the Premises to Tenant, Landlord shall be responsible for repairing or restoring the same. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant, except as specifically set forth in this Lease. This Section 7.1 does not obviate or modify any of Landlord’s repair obligations set forth in the Lease. 7.2 Tenant shall, at all times during the Term, keep the Premises in good condition and repair excepting damage by ordinary wear and tear, fire, or other casualty, and those items for which Landlord is responsible and in compliance with all applicable governmental laws, ordinances and regulationsRegulations, 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, subject to Section 1.1 of this Lease. 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 Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the extentCalifornia Civil Code, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s expense under or any law, statute similar or ordinance successor Regulations or other laws now or hereafter hereinafter in effect.

Appears in 1 contract

Samples: Lease Agreement (Telegent Systems, 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, subject to Article 4, that Landlord shall repair and maintain the structural portions of the Building, including the basic base Building plumbing, fire and life safety, elevator, air conditioning, heating heating, electrical, and electrical any other utility or access control systems installed or furnished solely by LandlordLandlord as part of its base Building Systems (excluding there from any systems or portions of the Building installed or furnished at the request of Tenant or any other tenant or as part of any Alterations), the roof and the roof, foundation, and common areaareas of the Building, all in a manner consistent with other comparable office buildings in Washington, D.C., as adjusted to account for the relative size, age, character, quality, condition, and location of such other buildings, and subject in all instances to the availability of labor, materials, and supplies and absence of force majeure. 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 Except to the extent that Landlord is required to repair or maintain any portions of the Building pursuant to the provisions of Section 7.1 above, including any base Building Systems contained within the Premises, and subject to: (i) Landlord’s obligation to provide cleaning and janitorial services in accordance with Section 13.1, and (ii) Landlord’s other repair and maintenance obligations under the Lease (including, without limitation, as contained in Article 22 hereof), Tenant shall, at all times during the Term, keep the Premises in good condition and repair excepting damage by ordinary wear and tear, 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; provided, however, Landlord shall use commercially reasonable efforts to minimize any such injury or interference (but shall not in any case be responsible for obtaining, or obligated to obtain or maintain, insurance which could minimize such injury or interference). Except to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. 7.5 Landlord shall within a commercially reasonable period of time before or after the Commencement Date, at Landlord’s expense, renovate the common area hallways and the restrooms on the second floor of the Building in accordance with Building standards, to be determined in Landlord’s sole but reasonable discretion. Landlord shall use commercially reasonable efforts to bring all common areas of the Building into compliance with Title III of the Americans with Disabilities Act to the extent that Landlord is required to do so under such Act, and provided that such compliance requirement is not caused by any act or failure to act of Tenant or anyone acting by or through Tenant.

Appears in 1 contract

Samples: Lease Agreement (Lionbridge Technologies Inc /De/)

Repair. 7.1 It is the Landlord’s responsibility to maintain and repair common areas, mechanical systems in the Building (including those serving the Premises) and public portions of the Building, interior and exterior, in good order and condition, reasonable wear and tear excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises, except as specified in Exhibit B if “B” attached to this Lease hereto and made a part hereof and except that, subject to Article 4, 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, including portions of such systems that may be located within the roof and the common areaPremises. 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 for the presence of any Hazardous Materials in the punch list to be delivered pursuant to Section 2. 1Premises. 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 repair, excepting reasonable wear and tear and damage by ordinary wear and tear, fire, or other casualty, and in compliance with all applicable governmental laws, ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the Premises, all at Tenant’s 's sole expense, except for any violations or nuisances resulting from any acts or omissions of Landlord or its agents or the presence of Hazardous Materials in the Premises. 7.3 Except as provide in Article 13 below, 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 2222 below, there shall be no abatement of rent Annual Rent or Additional Rent and no liability of Landlord by reason of any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Lease Agreement (Strongbridge Biopharma PLC)

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, subject to Article 4, that Landlord shall repair and maintain the structural portions of the Building, including the foundation, roof structure and exterior walls, basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord, the roof and the common area. By taking possession of the Premises, Tenant Xxxxxx 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. 12.1. However, notwithstanding the foregoing, Xxxxxxxx agrees that the base Building electrical, heating, ventilation and air conditioning and plumbing systems located in the Premises shall be in good working order as of the date Landlord delivers possession of the Premises to Tenant. Except to the extent caused by the acts or omissions of Tenant or any Tenant Entities or by any alterations or improvements performed by or on behalf of Tenant, if such systems are not in good working order and repair as of the date possession of the Premises is delivered to Tenant and Tenant provides Landlord with notice of the same within three hundred and sixty-five (365) days following the date Landlord delivers possession of the Premises to Tenant, Landlord shall be responsible for repairing or restoring the same. The foregoing shall not apply to any inadequacy of the existing HVAC system serving the Premises for Tenant's purposes, as more particularly addressed in Section 7.5. 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 as good condition and repair as received excepting damage by ordinary wear and tear, fire, or other casualty, and in compliance with all applicable governmental laws, ordinances and regulationsRegulations, 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 TenantXxxxxx’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except to Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the extentCalifornia Civil Code, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s expense under or any law, statute similar or ordinance successor Regulations or other laws now or hereafter hereinafter in effect. 7.5 In the event that Tenant determines within one hundred eighty (180) days after the full and final execution of this Lease that additional heating, ventilating and air conditioning equipment is reasonably necessary to meet Tenant’s needs in the network operations control room (the “NOC Room”), server room or training room located in the Premises (the “HVAC Work”) and provided that Tenant is not then in default under this Lease beyond applicable notice and cure periods, Tenant shall provide plans and specifications for the HVAC Work for Landlord’s reasonable approval, and upon such approval Landlord shall cause such HVAC Work to be performed. Tenant shall be responsible for the entire cost of the HVAC Work and shall (i) reimburse Landlord for all such costs as additional rent, or (ii) remit payment directly to the contractor responsible for performing the HVAC Work, within thirty (30) days of written demand. Notwithstanding the foregoing, so long as Tenant is not in default under the Lease, within such thirty (30) day period Tenant may request an allowance of up to $27,060.00 (the “HVAC Allowance”) to be applied by Landlord towards Tenant’s responsibility for the costs of the HVAC Work. Any HVAC Allowance paid to or on behalf of Tenant hereunder shall be repaid to Landlord as additional rent in equal monthly installments throughout the remainder of the initial Term, commencing on the first day of the first full calendar month following the date the HVAC Allowance is disbursed to Tenant, with interest at one percent (1%) in excess of the Wall Street Journal prime lending rate announced from time to time. If Tenant is in default under the Lease after the expiration of applicable cure periods, the entire unpaid balance of the HVAC Allowance paid to or on behalf of Tenant shall become immediately due and payable and, except to the extent required by applicable law, shall not be subject to mitigation or reduction in connection with a reletting of the Premises by Landlord. Upon request of Landlord, Xxxxxx shall execute an amendment to the Lease or other appropriate agreement, prepared by Landlord, evidencing the amount of the HVAC Allowance requested by Xxxxxx and the repayment schedule relating to Xxxxxx’s repayment of the HVAC Allowance, as described herein.

Appears in 1 contract

Samples: Lease Agreement

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, subject to Article 4, that Landlord shall repair and maintain the structural portions of the Building, including Building and the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord, Landlord for the roof and Building that serve the common areaPremises. By taking possession of the Premises, Tenant Xxxxxx 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 ordinary wear and tear, 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 TenantXxxxxx’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Lease Agreement

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, subject to Article 4, 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, the roof and the common area. 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 ordinary wear and tear, fire, or other casualty, and in compliance with all applicable governmental laws, ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the Premises, all at Tenant’s 's sole expense. 7.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. 7.4 Except as provided in Article 2222 and for Landlord's gross negligence or willful misconduct, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s 's expense under any law, statute or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Lease (Art Technology Group Inc)

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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, subject to Article 4, that Landlord shall repair and maintain in good working order and condition the structural portions of the Building, including the roof, foundation, structural supports, exterior walls, windows, elevators, basic plumbing, air conditioning, heating heating, and electrical systems installed or furnished by Landlord(but excluding any supplemental HVAC systems) and shall clean and maintain the Building common areas, the roof including parking areas, and the common areaprovide snow removal. 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. Notwithstanding the foregoing, Landlord shall cause all base building systems, including HVAC, electrical, plumbing and sewer, to be in good working order and sufficient for the Permitted Uses at Tenant’s intended occupancy levels as of the Commencement Date. 7.2 7.2. Tenant shall, at all times during the Term, keep the Premises in good condition and repair excepting normal wear and tear and damage by ordinary wear and tear, 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. Notwithstanding the foregoing, Tenant shall not be responsible for remedying any incident of non-compliance in or upon, or connected with, the Premises existing as of the Commencement Date (unless the same was caused by Tenant or any Tenant Entities following their initial entry upon the Premises). 7.3 7.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. 7.4 7.4. Except as provided in Article 22this 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. Landlord shall use reasonable efforts to minimize disruption to Tenant’s business operations during Landlord’s performance of any such repairs, alterations or improvements. However, if Landlord fails to make any repairs or to perform any maintenance required of Landlord hereunder and within Landlord’s reasonable control, and such failure shall persist for an unreasonable time (not less than thirty (30) days) after written notice of the need for such repairs or maintenance is given to Landlord and any mortgagee (of which Tenant has written notice) by Tenant, and such mortgagee is afforded an additional reasonable opportunity (not less than thirty (30) days) to effect such repairs, and unless Landlord or such mortgagee has commenced such repairs or maintenance during such period and is diligently pursuing the same, and if due to such failure Tenant is unable to reasonably conduct its business in the Premises, Tenant’s obligation to pay rent hereunder shall prospectively xxxxx until such failure is cured. Except to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Lease (Ocular Therapeutix, 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 (if any) and except that, subject to Article 4, 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, the roof and the common area. By taking possession of or 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. 12.1. 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 repair, excepting damage by ordinary wear and tear, fire, fire or other casualty, and in compliance with all applicable governmental laws, ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. 7.3 7.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. 7.4 7.4. Except as provided in Article 22, there shall be no abatement of rent and no liability liability-of Landlord by reason of any injury to or interference with Tenant’s ’s. business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Lease Agreement (Hallmark Financial Services Inc)

Repair. 7.1 Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises, except as for the Work specified in Exhibit B if attached to this Lease and except that, subject to Article 4, that Landlord shall repair and maintain in good working order, condition and repair (including making any reasonably necessary replacements) and in compliance with all applicable laws, the structural portions of the BuildingBuildings, including including, without limitation, the basic roof, roof membrane, roof covering, concrete slab, footings, foundation, exterior walls of the Buildings, and plumbing, air conditioning, life safety systems, heating and electrical systems installed or furnished by Landlord throughout the Term (but specifically excluding any supplemental HVAC systems or units installed by Landlord or Tenant to serve the Premises or any portion thereof, which systems and units Tenant (and not Landlord) shall be solely responsible for maintaining, repairing and replacing at Tenant’s sole cost and expense), all subject to the roof terms and provisions of Article 4. Furthermore, Landlord shall maintain the Park in compliance with all applicable laws. By accepting delivery of the Pre-Expansion Premises on the Commencement Date and the common area. By taking possession Expansion Premises on the Expansion Premises Commencement Date, subject to the other terms of the Premisesthis Lease, 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 Buildings 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 ordinary wear and tear, 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 1 contract

Samples: Lease Agreement (Aspen Technology Inc /De/)

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, subject to Article 4, that Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, life/safety, mechanical, heating and electrical systems unless installed or furnished by LandlordTenant, the roof in good and the common areaoperational condition. 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. Landlord shall maintain the common areas of Building, the parking areas and landscaping in good condition, and shall with reasonable promptness remove snow from all parking areas, walkways and access roads serving the Building. 7.2 Tenant shall, at all times during the Term, keep the Premises in good condition and repair excepting damage by ordinary wear and tear, 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 Premisesspecific use of the Premises by Tenant, and reasonable wear and tear, 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 herein or 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. Notwithstanding the foregoing, in the event Landlord, its agents, employees or contractors cause an interruption of any services or utilities to the Premises, and such interruption materially interferes with (i) Tenant’s use and enjoyment of the Premises, or (ii) Tenant’s means of access to the Premises, and continues for a period of more than ten (10) consecutive business days and it is within Landlord’s reasonable control to remedy, the Rent due hereunder shall xxxxx commencing on the tenth consecutive business day until such interruption is resolved.

Appears in 1 contract

Samples: Lease Agreement (Princeton Review Inc)

Repair. 7.1 Subject to the terms of this Lease, Landlord shall have no obligation perform all maintenance and shall make all repairs and replacements reasonably necessary to alter, remodel, improve, repair, decorate or paint keep the Premisesfollowing areas in good working order and repair (the cost of which shall be included in Expenses, except as specified otherwise expressly provided in Exhibit B if attached to this Lease and except thatLease), consistent with other comparable office buildings in the same rental market, subject to Article 4ordinary wear and tear, Landlord shall repair casualty and maintain condemnation: (a) the structural portions common areas of the Building, including the basic (b) all mechanical, electrical, plumbing, air conditioningHVAC, heating life safety systems and electrical other utility systems installed or furnished by Landlord, servicing the roof Building and the common area. By taking possession of Premises (except, in each case, to the Premisesextent Tenant is responsible therefor as provided in this Lease), Tenant accepts them as being in good order(c) the Building's structure, condition roof, floors, sub-floors, structural perimeter walls, curtain wall and repair exterior plate glass, and in (d) all machinery and equipment necessary to provide the condition in which Landlord is obligated to deliver them, except as set forth in the punch list services required to be delivered provided by Landlord pursuant to Section 2. 1. It is hereby understood and agreed that no representations respecting the condition terms 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 interior portions of the Premises in good condition and repair excepting damage by ordinary wear and tear, tear and damage by fire, or other casualty, and in compliance with all applicable governmental laws, ordinances and regulationsRegulations, 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 PremisesPremises as a result of (i) the specific use of the Premises by Tenant (as opposed to general office use in which case the Landlord is responsible for such compliance); (ii) any special requirements relating to accommodations for individual employees, invitees and/or guests of Tenant; and (iii) any improvements or alterations made to the Premises by Tenant after the commencement Date, all at Tenant’s sole expense. Tenant shall at all times keep and maintain the Premises in a clean, safe and sanitary condition in accordance with applicable local and state guidelines. Repair and maintenance work shall be undertaken in compliance with Landlord's Building construction standards (if any) from time to time to the extent applicable (which standards shall be made available to Tenant by Landlord's Building manager upon request). 7.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. 7.4 Except as provided in Article 22, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Lease (Appgate, 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 thatthat Landlord shall, subject to Article 4in a good and workmanlike manner and in compliance with all applicable laws, Landlord shall repair statutes, rules. codes and regulations, repair, maintain and replace as reasonably necessary (a) the structural portions of the BuildingBuilding (roof, including foundation, windows, structural columns, etc.), (b), the basic Building systems (i.e. basic plumbing, fire suppression and other life safety, air conditioning, heating and electrical systems installed or furnished by Landlord), (c) the Café and all elements and systems thereof, including, without limitation, the roof hallway and bathrooms for the same, and (d) the driveways, access ways, landscaped areas and parking areas of the Lot and the common areaFields (where owned by Landlord) which are reasonably necessary for access to the Building. 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. 12.1 and latent defects not discoverable with ordinary diligence (provided that Landlord must be informed of such defects within ten (10) months following the Commencement Date). 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. Landlord’s expenses incurred in performing its obligations under this Section 7.1 shall, subject to the limitations set forth in Section 4.1.2, be included in Expenses. 7.2 Tenant shall, at all times during the Term, keep all portions of the Premises which are not Landlord’s responsibility under Section 7.1 above in good condition and repair excepting damage by ordinary wear and tear, fire, other casualty or other casualtyeminent domain, 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, not to exceed thirty (30) days unless a repair cannot reasonably be performed in such time, in which case Landlord shall have such additional time as may be reasonably necessary, so long as it is diligently pursuing the repair to completion. 7.4 Except as provided in Article 22Articles 13, 22 and 23, there shall be no abatement of rent and (except to the extent caused by the negligence or willful misconduct of Landlord or any of its employees or contractors) 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 as provided below and 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, provided, however, that if Landlord fails to make any repair or provide any services within the time permitted under Section 7.3 above, then Tenant may, at its option, elect to cure said breach following an additional ten (10) days written notice to Landlord, and Landlord shall, within thirty (30) days following Tenant’s request (accompanied by commercially reasonable documentation), reimburse Tenant for its reasonable, out-of-pocket third party costs and expenses in effectuating such cure (but it is expressly agreed that the foregoing provision does not permit Tenant to deduct or offset against rent).

Appears in 1 contract

Samples: Lease (Soapstone Networks Inc.)

Repair. 7.1 Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises, except as specified in Section 2.1 and Exhibit B if attached to this Lease and except that, subject to Article 4, that Landlord shall repair and maintain in good working condition the structural portions of the Building, including including, without limitation, the roof, floor slabs, exterior window frames and glass, base Building systems serving tenants in general including, without limitation, the security, basic plumbing, air conditioning, heating ventilation, life safety generator, sewer, heating, sprinkler, fire safety, mechanical and electrical systems installed or furnished by Landlord, the roof and Landlord or serving the common areaareas and facilities or the Building tenants generally. By taking possession of the Premises, Tenant Xxxxxx 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. 12.1; provided, however, the foregoing shall in no way diminish Landlord’s ongoing repair and maintenance obligations under this Lease. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant, except as specifically set forth in this Lease. 7.2 Tenant shall, at all times during the Term, keep the Premises in good condition and repair excepting damage by ordinary wear and tear, 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 PremisesLegal Requirements, all at Tenant’s sole expense. Repair and maintenance work shall be undertaken in compliance with Landlord’s Building construction standards (if any) from time to time to the extent applicable (which standards shall be made available to Tenant by Landlord’s Building manager upon request). 7.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice (or actual notice, whoever is earlier) of the need of such repairs or maintenance is given to Landlord by TenantXxxxxx. 7.4 Except as provided in Article 2222 or as otherwise expressly provided in this Lease, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with TenantXxxxxx’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Lease (Black Diamond Therapeutics, Inc.)

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