REPAIRS, ALTERATIONS AND ADDITIONS. Tenant has inspected the Premises prior to entering this Lease and hereby accepts the Premises in its “As Is” condition. Landlord shall keep the foundation, outer walls, roof and buried conduits of the Premises in good repair except the Landlord shall not be called on to make any such repairs occasioned by the negligence of the Tenant, its agents, invitees or employees. Tenant shall at Tenant’s sole cost and expense take good care of and maintain in a good condition the Premises and the fixtures, equipment and furnishings therein, and make all repairs necessary to keep them clean, in good working order and condition. It is Tenant's sole responsibility to maintain, repair and replace, whether interior or exterior, all glass and doors in or on the Premises. The heating and air conditioning system shall be under the control of Tenant and Tenant agrees that all operation and upkeep will be at Tenant's expense. Landlord shall be under no obligation, however, to bring any action or proceeding against its insurer or warrantor should the insurer or warrantor deny that such repair or replacement falls within the insurance or warranty coverage, in which event Tenant shall pay the costs of the repair or replacement. Should the repair or replacement be made by Landlord’s warrantor or insurer, Tenant shall pay upon demand to Landlord any deductible or other cost Landlord incurs for such repair or replacement. During the term of this Lease and any extension thereof, Tenant shall enter into and maintain a service agreement with a licensed air-conditioning contractor, providing routine maintenance to the air conditioning equipment. A copy of this maintenance agreement shall be provided to Landlord within thirty (30) days after the commencement of the term of this Lease. Provided Tenant maintains the service agreement with a licensed air conditioning contractor, Landlord shall be responsible for the major repair or replacement of the HVAC system provided such replacement was not caused by Tenant’s negligence. Landlord shall have the right, but not the obligation, to make repairs necessitated by the fault or negligence of Tenant, or that of Tenant's agents, employees, contractors, consultants or invitees, and Tenant shall immediately reimburse Landlord for all expenses and costs for such repairs upon demand of Landlord. Tenant shall not make any alterations, additions or improvements to the Premises without the prior written consent of the Landlord.
Appears in 1 contract
Samples: Lease (Procyon Corp)
REPAIRS, ALTERATIONS AND ADDITIONS. Except as otherwise conditioned herein and in ADDENDUM to Lease of even date herewith (if any), Tenant has inspected the Premises prior to entering this Lease and hereby accepts the Premises in its “As Is” condition. Landlord shall keep the foundation, outer walls, roof "as is" condition and buried conduits of the Premises in good repair except the Landlord shall not be called on to make any such repairs occasioned by the negligence of the Tenant, its agents, invitees or employees. Tenant shall at Tenant’s sole cost and expense take good care of and maintain in a good condition the Premises and the fixtures, equipment and furnishings therein, and at Tenant's sole cost shall make all repairs necessary to keep them clean, in good working order and condition. It is Tenant's sole responsibility to maintain, repair and replace, whether interior or exterior, all glass and doors in or on the Premises. The heating and air conditioning system shall be under the control of Tenant and Tenant agrees that all operation operation, upkeep and upkeep repairs will be at Tenant's expense. Landlord , except where the repairs or replacements are covered under a warranty running in favor of Landlord, or are due to fire or other casualty covered by Landlord's insurance in which latter event, said repairs or replacements shall be under no obligation, however, to bring any action or proceeding against done at its insurer or warrantor should the insurer or warrantor deny that such repair or replacement falls within the insurance or warranty coverage, in which event Tenant shall pay the costs of the repair or replacement. Should the repair or replacement be made by Landlord’s warrantor or insurer, Tenant shall pay upon demand to Landlord any deductible or other cost Landlord incurs for such repair or replacementexpense. During the term of this Lease and any extension thereof, Tenant shall enter into and maintain a service agreement with a licensed air-air conditioning contractor, providing routine maintenance to the air conditioning equipment. A copy of this maintenance agreement shall be provided to Landlord within thirty (30) days after the commencement of the term of this Lease. Provided Tenant maintains the service agreement with a licensed air conditioning contractor, Landlord shall be responsible for the major repair or replacement of the HVAC system provided such replacement was not caused by Tenant’s negligence. Landlord shall have the rightmake, but not the obligationTenant shall reimburse Landlord therefor, to make repairs necessitated by the fault or negligence of Tenant, or that of Tenant's agents, employees, contractors, consultants or invitees, and Tenant shall immediately reimburse Landlord for all expenses and costs for such repairs upon demand of Landlord. Tenant shall not make any alterations, additions additions, or improvements to the Premises without the prior written consent of the Landlord. LANDLORD WARRANTS THE HEATING AND AIR CONDITIONING SYSTEM IS IN GOOD WORKING ORDER AT THE TIME OF OCCUPANCY. TENANTS ANNUAL LIABILITY FOR HVAC SYSTEM SHALL NOT EXCEED THE COST OF A TWELVE (12) MONTH MAINTENANCE CONTRACT AS PER THE CRITERIA LISTED IN EXHIBIT "B".
Appears in 1 contract
Samples: Lease (Drugmax Com Inc)
REPAIRS, ALTERATIONS AND ADDITIONS. Except as otherwise conditioned herein and in ADDENDUM to Lease of even date herewith (if any), Tenant has inspected the Premises prior to entering this Lease and hereby accepts the Premises in its “As Is” condition. Landlord shall keep the foundation, outer walls, roof "as is" condition and buried conduits of the Premises in good repair except the Landlord shall not be called on to make any such repairs occasioned by the negligence of the Tenant, its agents, invitees or employees. Tenant shall at Tenant’s sole cost and expense take good care of and maintain in a good condition the Premises and the fixtures, equipment and furnishings therein, and at Tenant's sole cost shall make all repairs necessary to keep them clean, in good working order and condition. It is Tenant's sole responsibility to maintain, repair and replace, whether interior or exterior, all glass and doors in or on the Premises. The heating and air conditioning system shall be under the control of Tenant and Tenant agrees that all operation and upkeep operation, upkeep, repairs will be at Tenant's expense. Landlord , except where the repairs or replacements are covered under a warranty running in favor of Landlord, or are due to fire or other casualty covered by Landlord's insurance in which latter event, said repairs or replacements shall be under no obligationdone at its expense. ALL EQUIPMENT DEEMED BY A LICENSED CONTRACTOR TO BE NON-REPAIRABLE DUE TO AGE OF THE EQUIPMENT SHALL BE REPLACED AT THE LANDLORD'S EXPENSE. LANDLORD WARRANTIES THAT ALL EQUIPMENT, however, to bring any action or proceeding against its insurer or warrantor should the insurer or warrantor deny that such repair or replacement falls within the insurance or warranty coverage, in which event Tenant shall pay the costs of the repair or replacement. Should the repair or replacement be made by Landlord’s warrantor or insurer, Tenant shall pay upon demand to Landlord any deductible or other cost Landlord incurs for such repair or replacementFIXTURES AND FURNISHINGS ARE IN GOOD WORKING ORDER AT THE TIME OF THE COMMENCEMENT OF THIS LEASE. During the term of this Lease and any extension thereof, Tenant shall enter into and maintain a service agreement with a licensed air-air conditioning contractor, providing routine maintenance to the air conditioning equipment. A copy of this maintenance agreement shall be provided to Landlord within thirty (30) days after the commencement of the term of this Lease. Provided Tenant maintains the service agreement with a licensed air conditioning contractor, Landlord shall be responsible for the major repair or replacement of the HVAC system provided such replacement was not caused by Tenant’s negligence. Landlord shall have the rightmake, but not the obligationTenant shall reimburse Landlord therefor, to make repairs necessitated by the fault or negligence of Tenant, or that of Tenant's agents, employees, contractors, consultants or invitees, and Tenant shall immediately reimburse Landlord for all expenses and costs for such repairs upon demand of Landlord. Tenant shall not make any alterations, additions or improvements to the Premises without the prior written consent of the Landlord. LANDLORD SHALL WARRANT THAT ANY CHANGES WITHIN THE PREMISES THAT ARE CURRENTLY NOT TO CODE SHALL BE THE RESPONSIBILITY OF THE LANDLORD.
Appears in 1 contract
REPAIRS, ALTERATIONS AND ADDITIONS. Tenant has inspected Any and all repairs, alterations and additions made to the Premises prior to entering this Lease and hereby accepts the Premises in its “As Is” condition. Landlord shall keep the foundation, outer walls, roof and buried conduits of the Premises in good repair except the Landlord shall not be called on to make any such repairs occasioned leased by the negligence Lessee, shall be and remain a part of said Premises hereby leased by the Tenant, its agents, invitees or employees. Tenant shall at Tenant’s sole cost and expense take good care of and maintain in a good condition the Premises and the fixtures, equipment and furnishings thereinLessee, and make all repairs necessary to keep them clean, in good working order and condition. It is Tenant's sole responsibility to maintain, repair and replace, whether interior or exterior, all glass and doors in or on the Premises. The heating and air conditioning system shall be under the control of Tenant and Tenant agrees that all operation and upkeep will be at Tenant's expense. Landlord shall be under no obligation, however, to bring any action or proceeding against its insurer or warrantor should the insurer or warrantor deny that such repair or replacement falls within the insurance or warranty coverage, in which event Tenant shall pay the costs of the repair or replacement. Should the repair or replacement be made by Landlord’s warrantor or insurer, Tenant shall pay upon demand to Landlord any deductible or other cost Landlord incurs for such repair or replacement. During the term of this Lease and any extension thereof, Tenant shall enter into and maintain a service agreement with a licensed air-conditioning contractor, providing routine maintenance surrendered to the air conditioning equipment. A copy of this maintenance agreement shall be provided to Landlord within thirty (30) days after Lessor by the commencement Lessee at the expiration of the term of this Lease. Provided Tenant maintains Any alterations or additions to the service agreement Premises and any repairs, which may affect the physical appearance of the Premises, shall not be made without advance written consent by the Lessor. Any and all repairs, alterations and additions to the Premises shall be performed in a good and workmanlike manner using appropriate historic or new materials and equipment and in compliance with all safety codes and regulations, and applicable historic preservation standards. In the event that any repairs, additions, alterations or improvements are made by the Lessee through a licensed air conditioning contractor, Landlord shall the Lessee agrees that it will closely supervise such work and see that all laborers and materialmen are promptly paid so that no lien will accrue or be responsible filed against the Premises; and in the event that the Lessee hires laborers and/or purchases material itself for the major repair or replacement improvement of the HVAC system provided Premises, it will promptly pay all charges for such replacement was not caused by Tenant’s negligencelabor and materials when the same become due so that no liens will accrue or be filed against the Premises and no claim can be asserted against Lessor for such payment. Landlord Lessor shall have the rightright to call upon the Lessee for a statement or other information concerning the payment of any contractor, but not laborer and/or materialman who may have furnished labor or materials for the obligationimprovement on the Premises and Lessee covenants and agrees that it will immediately give full information in regard to all such to the Lessor upon demand. Xxxxxx, however, shall have the right to make repairs necessitated remove Xxxxxx’s personal property in the nature of trade and/or business fixtures from the Premises at the expiration of this Lease. To the extent that any act under this Lease would require a Certificate of Appropriateness as issued by the fault or negligence Augusta, Georgia Historic Preservation Commission, it shall be the duty of Tenant, or that of Tenant's agents, employees, contractors, consultants or inviteesLessee to apply for and obtain such Certificate, and Tenant shall immediately reimburse Landlord for otherwise follow all expenses and costs for such repairs upon demand of Landlord. Tenant shall not make any alterations, additions or improvements to the Premises without the prior written consent requirements of the Landlordordinances of Augusta, Georgia under Title 7, Chapter 4.
Appears in 1 contract
Samples: Lease Agreement
REPAIRS, ALTERATIONS AND ADDITIONS. Tenant has inspected Any and all repairs, alterations and additions made to the Premises prior to entering this Lease and hereby accepts the Premises in its “As Is” condition. Landlord shall keep the foundation, outer walls, roof and buried conduits of the Premises in good repair except the Landlord shall not be called on to make any such repairs occasioned leased by the negligence Lessee, shall be and remain a part of said Premises hereby leased by the Tenant, its agents, invitees or employees. Tenant shall at Tenant’s sole cost and expense take good care of and maintain in a good condition the Premises and the fixtures, equipment and furnishings thereinLessee, and make all repairs necessary to keep them clean, in good working order and condition. It is Tenant's sole responsibility to maintain, repair and replace, whether interior or exterior, all glass and doors in or on the Premises. The heating and air conditioning system shall be under the control of Tenant and Tenant agrees that all operation and upkeep will be at Tenant's expense. Landlord shall be under no obligation, however, to bring any action or proceeding against its insurer or warrantor should the insurer or warrantor deny that such repair or replacement falls within the insurance or warranty coverage, in which event Tenant shall pay the costs of the repair or replacement. Should the repair or replacement be made by Landlord’s warrantor or insurer, Tenant shall pay upon demand to Landlord any deductible or other cost Landlord incurs for such repair or replacement. During the term of this Lease and any extension thereof, Tenant shall enter into and maintain a service agreement with a licensed air-conditioning contractor, providing routine maintenance surrendered to the air conditioning equipment. A copy of this maintenance agreement shall be provided to Landlord within thirty (30) days after Lessor by the commencement Lessee at the expiration of the term of this Lease. Provided Tenant maintains the service agreement with a licensed air conditioning contractor, Landlord shall be responsible for the major repair Any alterations or replacement of the HVAC system provided such replacement was not caused by Tenant’s negligence. Landlord shall have the right, but not the obligation, to make repairs necessitated by the fault or negligence of Tenant, or that of Tenant's agents, employees, contractors, consultants or invitees, and Tenant shall immediately reimburse Landlord for all expenses and costs for such repairs upon demand of Landlord. Tenant shall not make any alterations, additions or improvements to the Premises and any repairs, which may affect the physical appearance of the Premises, shall not be made without the prior advance written approval of the Lessor with such approval being timely and reasonable. Any and all repairs, alterations and additions to the Premises shall be performed in a good and workmanlike manner using appropriate historic or new materials and equipment and in compliance with all safety codes and regulations. In the event that any repairs, additions, alterations or improvements are made by the Lessee after obtaining the written consent of the LandlordLessor through a contractor, the Lessee agrees that it will closely supervise such work and see that all laborers and materialmen are promptly paid so that no lien will accrue or be filed against the Premises; and in the event that the Lessee hires laborers and/or purchases material itself for the improvement of the Premises, it will promptly pay all charges for such labor and materials when the same become due so that no liens will accrue or be filed against the Premises and no claim can be asserted against Lessor for such payment. Lessor shall have the right to call upon the Lessee for a statement or other information concerning the payment of any contractor, laborer and/or materialman who may have furnished labor or materials for the improvement on the Premises and Lessee covenants and agrees that it will immediately give full information in regard to all such to the Lessor upon demand. Lessee, however, shall have the right to remove Xxxxxx’s personal property in the nature of trade and/or business fixtures from the Premises at the expiration of this Lease, but Lessee shall, at its own expense, repair any damage to the Premises which may result from the removal therefrom of any such personal property of Lessee. Nothing in this paragraph or in this Lease shall be constructed to authorize the Lessee to remove from the Premises any heating or air conditioning equipment, any electric wiring, electric fixtures, switches, duct-work, pipes, plumbing fixtures, ceiling fans, or any similar materials or equipment which may have been installed by Lessee. Said materials shall become the property of Lessor upon the termination of this Lease, but shall also remain part and parcel of the premises upon the execution of the transfer of the property.
Appears in 1 contract
Samples: Lease Agreement