Common use of Repairs and Alterations Clause in Contracts

Repairs and Alterations. (14.1) Tenant shall keep and maintain the Leased Premises in good repair and condition; keep in good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent of Landlord, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurance.

Appears in 3 contracts

Sources: Lease Agreement (Genesis Financial Group Inc \Va\), Lease Agreement (Genesis Financial Group Inc \Va\), Lease Agreement (Genesis Financial Group Inc \Va\)

Repairs and Alterations. (14.1) Tenant There shall keep and maintain the Leased Premises in good repair and condition; keep in good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate be no obligation on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless part of Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent of Landlord, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord Sublessor to make any repairs, except alterations or improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on the Premises, Sublessee shall obtain the prior written consent thereto of a structural natureboth Landlord and Sublessor. Landlord shall maintain and make all necessary structural repairs Any alterations, additions, or improvements made to the foundationsPremises, load bearing walls or Sublessee’s behalf, whether at the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpeting, or other floor covering, paneling and roof. This does not include built-in cabinets shall be deemed a part of the repairing real estate and the property of any glass Sublessor and shall be surrendered with the Premises unless Landlord or moving parts Sublessor, by notice given to Sublessee no later than thirty (30) days prior to the end of the Term, shall elect to have Sublessee remove such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuildingadditions, replacements, changes or additions placed by Tenant thereon, in as good condition improvements. Sublessee shall thereupon accomplish such removal at its sole cost and repair as any damage to the same were Premises caused by such removal. In the event that Sublessor consents in writing to any alterations, additions, or improvements to the Premises by Sublessee, they shall be made at the commencement sole cost of the original term, normal wear Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and tear excepted; provided, however, Tenant permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not be required give rise to return the Leased rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurancefree of liens.

Appears in 3 contracts

Sources: Limited Liability Company Operating Agreement (PHH Corp), Limited Liability Company Operating Agreement (Realogy Corp), Limited Liability Company Operating Agreement (Realogy Corp)

Repairs and Alterations. (14.1) Tenant Tenants shall keep and maintain the Leased Premises in good repair and condition; keep in good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or of appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent of Landlord, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames awning frames, floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. , Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) (14.4) Tenant shall, on the last day of the original or renewal term, or upon the sooner termination of this Lease, peaceably and quietly surrender the Leased Premises and equipment to Landlord, broom-clean, including all improvements, alterations, rebuildingrebuildings, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurance. (14.5) Tenant shall maintain a preventative maintenance contract on all HVAC units contained in the Leased Premises. Contract is to be maintained with a licensed and qualified HVAC Contractor. Maintenance on the HVAC is to be performed on a minimum of four (4) times per year. (14.6) Tenant shall keep the Leased Premises, including the storefront thereof, in good repair, but Tenant shall not paint or change the decorative or architectural treatment of the storefront, the interior or the exterior of the Leased Premises without Landlord's written consent. Tenant shall promptly remove upon order from the Landlord any decoration or architectural change which has been applied to or installed upon the leased Premises without Landlord's written consent or take such other action with the reference thereto as Landlord may direct. (14.7) Tenant shall not place or permit to be placed or maintained any sign, awning, advertising matter, decoration, lettering, or other item of any kind on the interior or the exterior of the Leased Premises or on the glass of any window or door of the Leased Premises without first obtaining Landlord's written approval thereof. Tenant shall promptly remove upon receipt of any order from Landlord, any sign, awning, advertising matter or other thing of any kind which has been applied to or installed upon the interior or exterior of Leased Premises without Landlord's written consent or take such other action with reference thereto as Landlord may direct.

Appears in 3 contracts

Sources: Lease Agreement (Genesis Financial Group Inc \Va\), Lease Agreement (Genesis Financial Group Inc \Va\), Lease Agreement (Genesis Financial Group Inc \Va\)

Repairs and Alterations. 9.01. Tenant shall promptly provide Landlord with notice of any conditions in the Premises that are dangerous or in need of maintenance or repair. Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (14.1a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) Alterations (described in Section 9.03); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant, whether such items are installed by Tenant or are currently existing in the Premises; and (g) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”). All repairs and other work performed by Tenant or its contractors, including that involving Cable, shall be subject to the terms of Section 9.03 below. If Tenant fails to make any repairs to the Premises for more than 15 days after written notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and, within 30 days after demand, Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% of the cost of the repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within 15 days after Landlord’s notice to Tenant, Landlord shall not exercise its right to make such repair on Tenant’s behalf so long as Tenant commences such repair within 5 days after notice from Landlord and is diligently pursuing the same to completion. 9.02. Landlord shall keep and maintain the Leased Premises in good repair and condition; keep in good running working order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless perform maintenance upon the: (a) structural elements of the manner Buildings; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Buildings in general; (c) Common Areas; (d) roof of the Buildings; (e) exterior windows of the Buildings; and (f) elevators serving the Buildings. Landlord shall promptly make repairs for which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefromis responsible. 9.03. Tenant shall not make any alterations ofalterations, repairs, additions or improvements or install any Cable (collectively referred to or changes in as “Alterations”) without first obtaining the Leased Premises or equipment without the prior written consent of LandlordLandlord in each instance, which consent shall not be unreasonably withheldwithheld or delayed. However, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant ’s consent shall not be required to return for any Alteration that satisfies all of the Leased Premises following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which installing carpeting; (b) is not adequately covered visible from the exterior of the Premises or Buildings; (c) will not affect the Base Building (defined in Section 5); and (d) does not require work to be performed inside the walls or above the ceiling of the Premises. Cosmetic Alterations shall be subject to all the other provisions of this Section 9.03. Prior to starting work, Tenant shall furnish Landlord with plans and specifications (which shall be in CAD format if requested by insuranceLandlord); names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Base Building and vertical Cable, as may be described more fully below); required permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord and naming Landlord and the managing agent for the Buildings (or any successor(s)) as additional insureds; and with respect to any Alterations performed by or for the benefit of Tenant the cost of which (when taken in the aggregate) is greater than or equal to $100,000.00, any security for performance in amounts reasonably required by Landlord. Landlord may designate specific contractors with respect to oversight, installation, repair, connection to, and removal of vertical Cable. All Cable shall be clearly marked with adhesive plastic labels (or plastic tags attached to such Cable with wire) to show Tenant’s name, suite number, and the purpose of such Cable (i) every 6 feet outside the Premises (specifically including, but not limited to, the electrical room risers and any Common Areas), and (ii) at the termination point(s) of such Cable. Changes to the plans and specifications must also be submitted to Landlord for its approval. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord, and Tenant shall ensure that no Alteration impairs any Building system or Landlord’s ability to perform its obligations hereunder. Tenant shall reimburse Landlord for any sums paid by Landlord for third party examination of Tenant’s plans for non-Cosmetic Alterations. In addition, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any non-Cosmetic Alterations equal to 5% of the cost of the non-Cosmetic Alterations. Upon completion, Tenant shall furnish “as-built” plans (in CAD format, if requested by Landlord) for non-Cosmetic Alterations, completion affidavits and full and final waivers of lien. Landlord’s approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Law.

Appears in 2 contracts

Sources: Office Lease Agreement (Akebia Therapeutics, Inc.), Office Lease Agreement (Akebia Therapeutics, Inc.)

Repairs and Alterations. (14.1a) Landlord shall maintain the structural portions of the Project including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass, columns, beams, shafts, stairs, stairwells, elevator cabs and common areas and shall also maintain and repair the basic mechanical, electrical, lifesafety, plumbing, sprinkler systems and heating, ventilating and air-conditioning systems. Except as expressly provided as Landlord's obligation in this Article 9, Tenant shall keep and maintain the Leased Premises in good repair and condition; keep in good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent of Landlord, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original termrepair, normal reasonable wear and tear and casualty excepted. All damage or injury to the Premises or the Project not covered by Landlord's insurance (unless such lack of coverage results from Landlord's failure to maintain the insurance it is required to maintain under this Lease) resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises shall be promptly repaired by Tenant, at its sole cost and expense, to the reasonable satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant's receipt of written notice and the reasonable opportunity of Tenant to commence making said repair within five (5) business days from receipt of said written notice, (with supporting documentation), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within five (5) days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises installed at Tenant's request. Except as otherwise set forth in Article 9(b) below, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to the Premises (collectively, "Alterations") without Landlord's prior written consent, and then only by contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant at its sole cost and expense. Notwithstanding the foregoing, Tenant may make strictly cosmetic changes to the finish work in the Premises, not including any changes affecting the Project structure, appearance, or systems and equipment, provided (i) at least ten (10) days prior written notice of such changes is provided to Landlord, and (ii) the cost of such changes does not exceed $30,000 in any one instance or $60,000 over any 12-month period. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Premises by or at the request of Tenant in connection with any Alterations. If permitted Alterations are made, they shall be required made at Tenant's sole cost and expense and shall be and become the property of Landlord, except that Landlord may, by written notice to return Tenant, given concurrently with Landlord's initial consent to the Leased proposed Alterations, require Tenant at Tenant's expense to remove all partitions, counters, railings and other Alterations installed by Tenant, and to repair any damages to the Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by such removal. Any and all costs attributable to or related to the applicable building codes of the city in which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenant's fault plans, specifications, improvements, alterations or negligence otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any other work arising from or related to this Article 9 which is Landlord performs on Tenant's behalf, Landlord shall be entitled to receive an administrative/supervision fee of three percent (3%) of the total costs of said repairs, Alterations or other work, provided that there shall be no such supervision fee in those instances where Tenant or its agents or representatives, rather than Landlord, are performing the requisite repair, Alteration or other work, and such repair, Alteration or other work does not adequately covered affect the structure of the Project or any of the mechanical, electrical, HVAC, plumbing or fire/life/safety systems of the Project. The construction of initial improvements to the Premises shall be governed by insurancethe terms of the Tenant Work Letter and not the terms of this Article 9.

Appears in 2 contracts

Sources: Standard Office Lease (United Online Inc), Standard Office Lease (Netzero Inc)

Repairs and Alterations. (14.1) Tenant shall keep and maintain agrees by taking possession of the Leased Premises that the Leased Premises are then in a tenantable and good repair and condition; keep in , that Tenant will take good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement care of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises will not be altered or equipment changed without the prior written consent of Landlord. Tenant waives any right to make repairs at Landlord's expense. Tenant will not make changes to locks or doors or add, which disturb, or in any way change any plumbing, ducting, or wiring without first obtaining the written consent shall not of Landlord. All damage or injury done to the Project by Tenant or by any persons who may be unreasonably withheldin or upon the Project with the consent of Tenant will be paid for by Tenant, and Tenant will pay for all damage in the Project caused by Tenant's misuse; however, Tenant will pay for structural damage to the Project only if occasioned by negligent, reckless, or intentional acts or omissions of Tenant or any other person who may be in or upon the Project with the consent (implied or otherwise) of Tenant. All repairs to the Leased Premises necessary to maintain the Leased Premises in a tenantable and good condition will be done by or under the direction of Landlord at Tenant's expense (payable to Landlord immediately upon demand) except as otherwise specifically provided in this Lease. Tenant will pay for the replacement of doors or windows of the Leased Premises that are cracked or broken by Tenant, its employees, agents or invites, and Tenant will not put any curtains, draperies or other hangings on or beside the windows in the Leased Premises without first obtaining Landlord's written consent. Landlord may make any alterations or improvements that Landlord may deem necessary for the preservation, safety or improvement of the Project. All alterations, changes additions, and improvements, except fixtures installed by whomsoever madeTenant and that are removable without damage to the Building, shall be will become or remain, as applicable, the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurance.

Appears in 2 contracts

Sources: Office Lease Agreement (Vestin Group Inc), Office Lease Agreement (Vestin Group Inc)

Repairs and Alterations. (14.1) Tenant shall shall, at is expense, during the term of this Lease, keep and maintain the Leased Premises in good repair order and condition; keep , and perform all repairs and maintenance that become necessary in good running order or about the Leased Premises including, without limitation, plumbing and electrical systems and procuring and maintaining service contracts for the heating and and/or air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to to, or changes in in, the Leased Premises or equipment without the prior written consent of Landlord, which consent shall not be unreasonably withheld, and all alterations, changes changes, and improvements, improvements by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) . Nothing contained in this Lease paragraph shall be construed as requiring Landlord to make any repairs, repairs except repairs of a structural nature. Landlord shall maintain and make all necessary structural repairs repair to the foundations, load bearing walls walls, and roofroofs. This does not include Tenant shall comply with all applicable laws and regulations of governmental authorities with respect to the repairing use of the Leased Premises and to any glass work, except repairs of a structural nature, which may be ordered by such governmental authorities; but if Tenant, after notice ordering the work, fails to comply with reasonable promptness, Landlord, without notice to Tenant, may do such work and collect the cost thereof from Tenant as additional rent hereunder. If Landlord is required to ▇▇▇▇▇ any nuisance on the Leased Premises. Landlord may do so without notice to Tenant and Tenant shall pay all costs thereof as additional rent hereunder within thirty(30) days from notification from Landlord or moving parts such as passage its Agent of the amount due. Tenant shall, on the last day of the original or renewal term, or upon the sooner termination of this Lease, peaceably and overhead doors. (The Tenant will maintain quietly surrender the ------ common areas as outlined in the Addendum.) Leased Premises and equipment to Landlord, broom-clean, including all improvements, alterations, rebuildingrebuildings, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insuranceaccepted.

Appears in 2 contracts

Sources: Industrial Lease Agreement (Aderis Pharmaceuticals Inc), Industrial Lease Agreement (Aderis Pharmaceuticals Inc)

Repairs and Alterations. (14.1) 8.01 Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair and shall promptly provide Landlord with notice of any such conditions. Tenant shall, at its sole cost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and shall keep and maintain the Leased Premises in good repair condition and condition; keep repair, reasonable wear and tear excepted. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required in good running order an emergency), Landlord may make the heating repairs, and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during Tenant shall pay the tenancy, regardless reasonable cost of the manner repairs, together with an administrative charge in which same may have been brokenan amount equal to 10% of the cost of the repairs. Landlord shall perform all maintenance and repairs upon the: (a) structural elements of the Building; (b) mechanical, unstop electrical, plumbing and fire/life safety systems serving the Building in general; (c) Common Areas; (d) roof of the Building; (e) exterior windows of the Building; and (f) elevators serving the Building. Tenant hereby waives any and all water fixtures that may become choked rights under and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair samebenefits of subsection 1 of Section 1932, and shall indemnify Sections 1941 and save harmless Landlord from 1942 of the California Civil Code, or any liability similar or claims for damages successor Laws now or injuries to persons and property arising therefrom. hereinafter in effect. 8.02 Tenant shall not make any alterations ofalterations, repairs, additions or improvements or install any Cable (collectively referred to or changes in as “Alterations”) without first obtaining the Leased Premises or equipment without the prior written consent of LandlordLandlord in each instance, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested . In order to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by obtain such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, howeverapprovals, Tenant shall not be furnish Landlord with plans and specifications; names of contractors acceptable to Landlord; required permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord and naming Landlord and the Landlord Related Parties as an additional insured; and any security for performance in amounts reasonably required by Landlord. Tenant shall reimburse Landlord for any sums paid by Landlord for third party examination of Tenant’s plans for Alterations. In addition, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any Alterations (other than the initial electronic, fiber, phone and data cabling and related equipment set up) equal to return 5% of the Leased Premises cost of the Alterations. Upon completion, Tenant shall furnish “as-built” plans for Alterations, completion affidavits and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurancefull and final waivers of lien.

Appears in 2 contracts

Sources: Office Lease Agreement (Conatus Pharmaceuticals Inc), Office Lease Agreement (Conatus Pharmaceuticals Inc)

Repairs and Alterations. (14.1) 9.01 Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any such conditions. Tenant shall, at its sole cost and expense, perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep and maintain the Leased Premises in good repair and condition; keep in good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent of Landlord, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original termrepair, normal reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; provided(b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) electronic, howeverphone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant; (g) Alterations and (h) Rooftop Equipment (defined in Section 28 below). To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors (including without limitation repairs necessitated by the installation, use, maintenance, repair and removal of the Rooftop Equipment). If Tenant fails to commence to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required in an emergency) and to return continuously and diligently proceed to complete the Leased Premises repair if same cannot be completed within said 15 day period, Landlord may make the repairs, and equipment Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in as good condition as aforesaid if an amount equal to 10% of the same are damaged or destroyed by fire or otherwisecost of the repairs. “Tenant Related Parties” shall mean Tenant’s officers, unless caused by Tenant's fault or negligence which is not adequately covered by insurancedirectors, shareholders, employees and agents.

Appears in 2 contracts

Sources: Office Lease Agreement (Marlborough Software Development Holdings Inc.), Office Lease Agreement (Bitstream Inc)

Repairs and Alterations. (14.1) Tenant 13.1 The License shall keep be responsible for the day to day maintenance and upkeep of the Licensed Premises. The Licensee agrees to maintain the Leased interior of the Licensed Premises in wind and water tight condition and take all reasonable preventive and curative steps to effect repairs thereto (except for major or structural repairs), including prevention of any leakage and also carry out general pest control and termite treatment to the Licensed Premises, and on expiry or earlier termination of the license, the Licensed Premises shall be returned in good repair order and condition; keep in good running order , subject to normal wear and tear to the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken Licensed Premises that has occurred during the tenancy, regardless Term of the manner in which same may have been brokenAgreement and other provisions contained herein. 13.2 All minor repairs to the Licensed Premises including the fit-outs (maintenance of inside walls, unstop roof and flooring and tenantable improvements) shall be carried out by the Licensee at its own cost and expenses. 13.3 The Licensor at its cost shall be responsible for carrying out all water fixtures external repairs and any internal structural repairs that may become choked and repair all water pipes and plumbing that may burstbe required to be carried out to the Licensed Premises. If any elevatorsthe Licensor fails to carry out such major repairs, escalatorsafter 60 days’ notice being given by the Licensee to the Licensor of such repair, lifts, machinery or appliances the Licensee shall (herein called "equipment"with prior approval of the Licensor) are situate on the Leased Premises, Tenant shall care for, maintain and repair same, carry out such repairs and shall indemnify deduct the cost of such repairs from the license fee payable by the Licensee. 13.4 The Licensor shall ensure that all repairs and save harmless Landlord from any liability maintenance of the Property and/or the Licensed Premises are carried out after prior written notice to the Licensee and in consultation with the Licensee to minimize the impact on its business. The Licensee shall offer co-operation to the Licensor for the said purpose. 13.5 In addition to the fit-outs carried out by the Licensor, the Licensee shall be entitled to install additional furniture, fittings, lighting, computers. EPBAX, communication devices or claims other equipments necessary for damages or injuries to persons and property arising therefrom. Tenant the purpose of its business. 13.6 The Licensee shall not be entitled to make any alterations of, additions structural changes or remove or replace any fit-outs carried by the Licensor to or changes in the Leased Licensed Premises or equipment without the prior written consent of Landlord, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property approval of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removalLicensor. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurance.

Appears in 2 contracts

Sources: Leave and License Agreement (Pubmatic, Inc.), Leave and License Agreement (Pubmatic, Inc.)

Repairs and Alterations. (14.1) Tenant shall keep and maintain agrees by taking possession of the Leased Premises that the Leased Premises are then in a tenantable and good repair and condition; keep in , that Tenant will take good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement care of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises will not be altered or equipment changed without the prior written consent of Landlord. Tenant waives any right to make repairs at Landlord's expense. Tenant will not make changes to locks or doors or add, which disturb, or in any way change any plumbing, ducting, or wiring without first obtaining the written consent shall not of Landlord. All damage or injury done to the Project by Tenant or by any persons who may be unreasonably withheldin or upon the Project with the consent of Tenant will be paid for by Tenant, and Tenant will pay for all damage to the Project caused by Tenant's misuse; however, Tenant will pay for structural damage to the Project only if occasioned by negligent, reckless, or intentional acts or omissions of Tenant or any other person who may be in or upon the Project with the consent (implied or otherwise) of Tenant. All repairs to the Leased Premises necessary to maintain the Leased Premises in a tenantable and good condition will be done by or under the direction of Landlord at Tenant's expense (payable to Landlord immediately upon demand) except as otherwise specifically provided in this Lease. Tenant will pay for the replacement of doors or windows of the Leased Premises that are cracked or broken by Tenant, its employees, agents or invites, and Tenant will not put any curtains, draperies or other hangings on or beside the windows in the Leased premises without first obtaining Landlord's written consent. Landlord may make any alterations or improvements that Landlord may deem necessary for the preservation, safety, or improvement of the Project. All alterations, changes additions, and improvements, except fixtures installed by whomsoever madeTenant and that are removable without damage to the Building, shall be will become or remain, as applicable, the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurance.

Appears in 2 contracts

Sources: Office Lease Agreement (Vestin Group Inc), Office Lease Agreement (Vestin Group Inc)

Repairs and Alterations. (14.1) Landlord agrees to make all necessary repairs to the exterior walls, exterior doors, windows and corridors of the Building. Landlord agrees to keep the Building in a clean, neat and attractive condition. Landlord agrees to keep all building standard equipment such as elevators, plumbing, heating, air conditioning and similar equipment in good repair, but Landlord shall not be liable or responsible for breakdowns or temporary interruptions in service when reasonable efforts are used to restore service. Tenant agrees that it will pay for the cost of all repairs to the Leased Premises not required above to be made by Landlord and be responsible for all redecorating, remodeling, alteration and painting required by it during the term of this Lease. Tenant shall keep and pay for any repairs to the Leased Premises, or the Building, made necessary by any negligence or carelessness of Tenant, its employees or invitees. Tenant agree to maintain the Leased Premises in good repair a clean, neat and sanitary condition; keep in good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not may place partitions and fixtures and make any alterations of, additions improvements and other alternations to or changes in the interior of the Leased Premises or equipment without at Tenant's expense, provided however, that prior to commencing any such work Tenant shall first obtain the prior written consent of Landlord to the proposed work and Landlord shall have right to review and approve all plans. Landlord may require that said work be done by Landlord, which consent shall not be unreasonably withheld's own employees or under Landlord's direction but at the expense of Tenant, and all alterationsLandlord may, changes and improvementsas a condition to consenting to such work, by whomsoever made, shall be the property of Landlord. (14.2) require that Tenant agrees give security that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises will be completed free and clear of liens and in a manner satisfactory to Landlord. Notwithstanding the foregoing, any such improvements or alterations by Tenant shall conform to and be in substantial accordance in quality and appearance with the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces quality and air conditioning machinery and equipment, appearance of the improvements in the remainder of the Building. Any such improvements shall immediately become the property of the Landlord upon expiration of this Lease. Tenant shall remove any movable furniture and shall not be removed by Tenant at the equipment upon termination of this Lease, unless requested Lease and shall deliver the Leased Premises to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original termreceived, broom clean, normal wear and tear excepted; provided, however, . In the event Tenant shall not be required to return receives consent of the Leased Premises Landlord and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by uses Tenant's fault or negligence which is not adequately covered by insuranceown contractor for any such improvements then Tenant must provide Landlord with contractor's evidence of workmen's compensation and liability insurance in amounts sufficient to Landlord and have acquired the necessary building permits prior to commencing any such construction.

Appears in 2 contracts

Sources: Lease Agreement (Matrix Capital Corp /Co/), Lease (Matrix Capital Corp /Co/)

Repairs and Alterations. (14.1) 10.1 The Tenant shall keep the interior of the Property clean, tidy and maintain in the Leased Premises same condition as at the start of the Tenancy (except for fair wear and tear) and shall return the Property to the Landlord at the end of the Tenancy cleaned to a professional standard, as detailed in good repair Schedule 1. 10.2 The Tenant shall not use blu-tac or any other adhesive on the walls of the Property. 10.3 The Tenant will keep the Property adequately ventilated by opening windows and condition; using extractor fans where fitted. 10.4 If the Property has a garden or backyard, the Tenant shall keep it clean and tidy, and free from rubbish, as detailed in good running order Schedule 1. 10.5 The Tenant shall keep the heating inside and air conditioning systemsoutside of all windows that the Tenant can reasonably reach clean, electric wiring, toilets, water pipes, water, gas and electric fixtures; as detailed in Schedule 1. 10.6 The Tenant shall promptly replace all locks broken or damaged glass, fixtures or fittings at the Property where the Tenant, or the Tenant's family or visitors cause the breakage or damage. 10.7 The Tenant shall not cause any blockage to the dishwasher, washing machine, dryer, drains, gutters and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless pipes of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burstProperty. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, The Tenant shall care fornot put wet wipes, maintain cotton buds or anything else other than tissue paper in the toilets. The Tenant shall not put food waste and repair same, fats in the sinks. This obligation does not require the Tenant to carry out any works or repairs for which the Landlord is liable under 13.8. 10.8 The Tenant shall not cover any fire safety equipment at the Property in any way and shall indemnify and save harmless Landlord from any liability ensure that all fire doors, closers, smoke detectors, heat detectors, fire alarm boxes are not tampered with or claims for damages or injuries to persons and property arising therefrom. removed. 10.9 The Tenant shall not make any alterations ofalteration, additions to addition, or changes in redecorate the Leased Premises or equipment Property without the prior written consent of the Landlord. This includes altering, changing or installing any locks on any doors or windows in or about the Property, bringing any furniture or household belongings into the Property, which consent shall do not be unreasonably withheld, meet with the Furniture and all alterations, changes and improvements, by whomsoever made, shall be the property of LandlordFurnishings Fire Safety Regulations. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (10.10 The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not carry out any alteration to the Property which would, or may reasonably be required to return expected to, have an adverse effect on the Leased Premises and equipment asset rating in as good condition as aforesaid if any Energy Performance Certificate for the same are damaged Property or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence the building of which is not adequately covered by insuranceit forms part.

Appears in 2 contracts

Sources: Assured Shorthold Tenancy Agreement, Assured Shorthold Tenancy Agreement

Repairs and Alterations. ▇▇▇▇▇▇ agrees by taking possession of Premises that Premises are then in a tenantable and good condition; that Lessee will take good care of Premises, and that Premises will not be altered or changed without the written consent of ▇▇▇▇▇▇. Lessor specifically authorizes: Lessee will complete tenant improvement activities, which include (14.1but not limited to) Tenant internal remodel from two classrooms into an open space concept for 10 work stations and meeting space, construction of two walled offices, new carpet and paint, and other electrical, plumbing, or other work necessary to support the office spaces. All damage or injury done to Premises by ▇▇▇▇▇▇ shall keep be paid for by ▇▇▇▇▇▇ and ▇▇▇▇▇▇ shall pay for all damage to the Building caused by ▇▇▇▇▇▇'s misuse to Premises or the appurtenances thereto. All repairs to Premises necessary to maintain the Leased Premises in a tenantable and good condition shall be done by or under the direction of Lessor and at Lessor's expense except as otherwise specifically provided herein. Lessee shall be responsible for the expense of repair and condition; keep in good running order replacement to ▇▇▇▇▇▇'s installed equipment and improvements. Lessee shall pay for the heating replacement and air conditioning systemsmaintenance of doors or windows of Premises which are cracked or broken by Lessee, electric wiringits employees, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burstagents or invitees. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant Lessee shall not make changes to locks on doors or add, disturb or in any alterations of, additions to way change any plumbing or changes in the Leased Premises or equipment wiring without the prior first obtaining written consent of Landlord, which consent Lessor. Lessee shall not be unreasonably withheldput any curtains, draperies or other hangings other than those coordinated with the Lessor on or beside the windows in Premises. Lessor may make any alterations or improvements which Lessor may deem necessary for the preservation, safety or improvements of the Premises except fixtures installed by Lessee and all alterations, changes and improvements, by whomsoever made, which are removable without damage to Building. Access to the Building for said work shall be coordinated between the property of Landlord. (14.2) Tenant agrees that all additions Parties except for life safety and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenantemergency conditions which require immediate attention. Lessee shall, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so Lease by the Landlordexpiration of time or otherwise, in which event Tenant agrees surrender and deliver Premises to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment Lessor in as good condition as aforesaid if the same are damaged or destroyed when received by Lessee from Lessor, reasonable use and wear and damage by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insuranceother casualty excepted.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Repairs and Alterations. (14.1) Tenant A. Except to the extent such obligations are imposed upon Landlord hereunder, Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises as are necessary to keep and maintain the Leased Premises same in good condition and repair throughout the entire Lease Term, reasonable wear and tear excepted. Tenant's repair and condition; keep in good running order maintenance obligations with respect to the heating and air conditioning systemsPremises shall include, electric wiringwithout limitation, toiletsany necessary repairs with respect to: (1) any carpet or other floor covering, water pipes(2) any interior partitions, water(3) any doors, gas and electric fixtures; replace (4) the interior (a) all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless structural elements of the manner in which same may have been brokenBuilding; and (b) all mechanical, unstop all water fixtures that may become choked and repair all water pipes electrical and plumbing systems that may burst. If any elevatorsserve the Building in general; and (c) the Building facilities common to all tenants including, escalatorsbut not limited to, liftsthe ceilings, machinery or appliances (herein called "equipment") are situate on walls and floors in the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Common Areas. B. Tenant shall not make or allow to be made any alterations ofalterations, additions or improvements to or changes in the Leased Premises or equipment without first obtaining the prior written consent of Landlord in each such instance. Prior to commencing any such work and as a condition to obtaining Landlord's consent, Tenant must furnish Landlord with plans and specifications reasonably acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor's and subcontractor's insurance in accordance with Article XVI section B. hereof; and payment bond or other security, all in form and amount satisfactory to Landlord. All such improvements, alterations or additions shall be constructed in a good and workmanlike manner using Building Standard materials or other new materials of equal or greater quality. Landlord, which consent to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall not be unreasonably withheld, and all have the right to designate the time when any such alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements may be performed and attached equipment to otherwise designate reasonable rules, regulations and fixtures installed procedures for the performance of work in the Building. Upon completion, Tenant shall furnish "as-built" plans, contractor's affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All improvements, alterations and additions shall comply with all insurance requirements, codes, ordinances, laws and regulations, including without limitation, the Americans with Disabilities Act. Tenant shall reimburse Landlord upon demand as Additional Base Rental for all sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electric and plumbing plans for any alterations, additions or improvements. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any alterations, additions or improvements that may affect the structure of the Building or any of the mechanical, electrical, plumbing or life safety systems of the Building. In the event Landlord elects to oversee such work, Landlord shall be entitled to receive a fee for such oversight in an amount equal to fifteen percent (15%) of the cost of such alterations, additions or improvements. Landlord's approval of Tenant's plans and specifications for any work performed for or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property behalf of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required deemed to return be a representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or regulations or that the Leased Premises alterations, additions and equipment improvements constructed in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by accordance with such plans and specifications will be adequate for Tenant's fault or negligence which is not adequately covered by insuranceuse.

Appears in 1 contract

Sources: Office Lease (Symbion Inc/Tn)

Repairs and Alterations. (14.1) Tenant, at its sole cost and expense after the expiration of any warranty period by contractors and/or suppliers, whether the same shall be the property of Tenant or Landlord, shall keep both the interior and maintain exterior of the Leased Premises in good repair. This obligation shall include (but is not limited to) all painting, floor maintenance, replacement of damaged ceiling tile (except for damage caused by roof leaks), screen repair, and repair of all hardware, interior and condition; keep in good running order the heating exterior doors, trade fixtures and heating, air conditioning systems, electric wiring, toilets, water pipesconditioning, water, gas electrical, plumbing and electric fixtures; replace all locks and deliver keys to other equipment, whether or not they were originally installed by Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefromby Tenant. Tenant shall not make any alterations of, additions replace and install all interior or exterior damaged glass except such glass as may be damaged as a result of settling of the building or improper initial installation. Alterations to or changes in the Leased Premises or equipment without by Tenant shall be made only with the prior written consent of Landlord and under its control and supervision. Any structural alterations by Tenant, (i.e., roof cuts, etc.) must have written approval by Landlord. However, which consent shall not be unreasonably withheldwithheld in case of minor alterations to conform the Leased Premises to the use of Tenant's business. Any unauthorized structural alteration by Tenant, which jeopardizes or voids an existing building or roof warranty, shall result in the tenant being financially liable for all costs the Landlord incurs which would normally have been covered through the warranty period. Tenant shall bear the cost of any alterations or installations which are made by it or for its convenience. Tenant shall promptly pay all contractors and materialmen, so as to minimize the possibility of a lien attaching to the Leased Premises, and all alterationsshould any such lien be made or filed, changes tenant shall bond against or discharge the same within thirty (30) days after written request by Landlord, notwithstanding the provisions regarding liens in Paragraph 15. Regardless of any obligation otherwise imposed upon Landlord, Tenant shall pay for the cost of any repairs or damage resulting from the negligence or the unlawful or willful acts of its employees, representatives or visitors. Landlord shall not be liable to Tenant for failure to make any repairs required of Landlord, or damages as a consequence thereof, unless written notice of necessity thereof has been given by Tenant to Landlord, specifying in reasonable detail the repairs required, and improvementsLandlord shall not have made such repairs within a reasonable period of time sufficient to accomplish such repairs after receipt of such notice, by whomsoever made, shall be due allowances being made for delays beyond the property control of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurance.

Appears in 1 contract

Sources: Stock Purchase Agreement (Altiva Financial Corp)

Repairs and Alterations. 9.01 Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any such conditions. Tenant shall, at its sole cost and expense, perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (14.1a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant; and (g) Alterations. Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% of the cost of the repairs. 9.02 Landlord shall keep and maintain the Leased Premises in good repair and condition; keep in good running working order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless perform maintenance upon the: (a) structural elements of the manner Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building in general; (c) Common Areas; (d) roof of the Building; (e) exterior windows of the Building; and (f) elevators serving the Building. Landlord shall promptly make repairs for which same may have been broken, unstop Landlord is responsible. Tenant hereby waives any and all water fixtures that may become choked rights under and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair samebenefits of subsection 1 of Section 1932, and shall indemnify Sections 1941 and save harmless Landlord from 1942 of the California Civil Code, or any liability similar or claims for damages successor Laws now or injuries to persons and property arising therefrom. hereinafter in effect. 9.03 Tenant shall not make any alterations ofalterations, repairs, additions or improvements or install any Cable (collectively referred to or changes in as “Alterations”) without first obtaining the Leased Premises or equipment without the prior written consent of LandlordLandlord in each instance, which consent shall not be unreasonably withheldwithheld or delayed. However, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant ’s consent shall not be required to return for any Alteration that satisfies all of the Leased Premises following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which installing carpeting; (b) is not adequately covered visible from the exterior of the Premises or Building; (c) will not affect the Base Building; and (d) does not require work to be performed inside the walls or above the ceiling of the Premises. Cosmetic Alterations shall be subject to all the other provisions of this Section 9.03. Prior to starting work, Tenant shall furnish Landlord with plans and specifications; names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Base Building); required permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by insuranceLandlord and naming Landlord as an additional insured; and any security for performance in amounts reasonably required by Landlord. Changes to the plans and specifications must also be submitted to Landlord for its approval. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord. Tenant shall reimburse Landlord for any sums paid by Landlord for third party examination of Tenant’s plans for non-Cosmetic Alterations. In addition, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any non-Cosmetic Alterations equal to 10% of the cost of the non-Cosmetic Alterations. Upon completion, Tenant shall furnish “as-built” plans for non-Cosmetic Alterations, completion affidavits and full and final waivers of lien. Landlord’s approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Law.

Appears in 1 contract

Sources: Office Lease Agreement (Upek Inc)

Repairs and Alterations. (14.1) Tenant shall keep and maintain the Leased Premises in good repair condition and condition; keep repair. All damage or injury to the Premises or the Building caused by the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees shall be properly repaired by Tenant, at its sole cost and expense, to the satisfaction of Landlord. Landlord may make any repairs which are not promptly made by Tenant and charge Tenant for the cost thereof which costs shall be paid by Tenant within five (5) days from invoice by Landlord. Tenant shall be responsible for the design and function of all non-standard improvements to the Premises, whether or not installed by Landlord at Tenant's request. Tenant waives all right to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes, repairs, or additions in good running order or to the heating Premises without Landlord's prior written consent, and air conditioning systemsthen only by contractors or mechanics approved by Landlord and upon the approval by Landlord of fully detailed and dimensioned plans and specifications pertaining to the work in question, electric wiringto be prepared and submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any work approved by Landlord. If Landlord, toiletsin approving any work specifies a commencement date therefor, water pipesTenant shall not commence any work prior to such date. Tenant hereby indemnities and agrees to hold Landlord free and harmless from all liens and claims of lien, waterand all other liability, gas claims and electric fixtures; replace all locks and deliver keys demands arising out of any work done or material supplied to Landlord after replacement the Premises by or at the request of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burstTenant. If any elevatorspermitted alterations, escalatorschanges, liftsrepairs or additions are made, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant they shall care for, maintain and repair same, be made at Tenant's expense and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent of Landlord, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord, except that Landlord and shall not be removed may, by written notice to Tenant given at least thirty (30) days prior to the end of the term, require Tenant at Tenant's expense to remove all partitions, counters, railings and the termination of this Leaselike installed by Tenants, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage damages to the Premises caused by such removal. [SEE ADDENDUM SECTION 8. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurance.]

Appears in 1 contract

Sources: Office Lease (Acacia Research Corp)

Repairs and Alterations. (14.1) a. Tenant shall keep and maintain covenants that throughout the Leased Premises in term of this Lease it will take good repair and condition; keep in good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless care of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Demised Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent of Landlord, which consent shall not be unreasonably withheld, and including all alterations, changes and improvementsimprovements at any time erected thereon, and to keep and maintain same in good order and condition subject to normal wear and tear and casualty damage not caused by whomsoever madeTenant. Except for roof and structural repairs, Tenant shall be promptly make, at its sole cost and expense, all repairs and replacements to the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the TenantDemised Premises, including but not limited to all electrical, air-conditioning, heating, plumbing and other mechanical systems servicing the Demised Premises. Landlord shall deliver, and Tenant shall accept, the Demised Premises in an "as is" condition, except for "Landlord's Work" set forth on Exhibit B annexed hereto. Tenant shall pay to Landlord the sum of $96,320.00, being limited toTenant's contribution to the cost of Landlord's Work "Tenant's Contribution". Tenant's Contribution shall be paid as follows: $45,000.00 upon signing this Lease; $51,320.00 upon the date Tenant receives written notice from Landlord's Architect that Landlord's Work is substantially complete. b. Tenant shall, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become during the property of the Landlord and shall not be removed by Tenant at the termination term of this Lease, unless requested at its sole cost and expense, promptly comply with any statute, ordinance, rule, order, regulation or requirement of the Federal, State and Municipal Government and any and all departments, agencies, bureaus and subdivisions thereof as same shall apply to do so the Demised Premises and observe and promptly comply with: (i) all reasonable rules, orders and regulations of the Board of Fire Underwriters; or any like agency; and (ii) the requirements of all insurance carriers issuing policies maintained by the Landlord on the Demised Premises or on the Property of which the Demised Premises is a part. c. Tenant shall have the right during the term of this Lease to make interior alterations and improvements to the Demised Premises subject to the following conditions: (i) any and all governmental permits and authorizations required therefor shall have been obtained by Tenant prior to the undertaking of said alterations or improvements; (ii) no alteration or improvement of the Demised Premises shall be undertaken until detailed plans and specifications have first been submitted to and approved in writing by the Landlord; (iii) all alterations and improvements, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease when completed, shall be construed of such a character as requiring Landlord shall not reduce, or otherwise adversely affect, the value of the Demised Premises, reduce the cubic content of the Building, affect the structural soundness of the Building, or change the character of the Building; (iv) all work done in connection with any alterations and improvements shall be done promptly and in a good and workmanlike manner and in compliance with all building and zoning laws, and with all laws, ordinances, orders, rules, regulations and requirements of all Federal, State and Municipal governments and the appropriate departments, commissions, boards and officers thereof, and in accordance with the orders, rules and regulations of the Board of Fire Underwriters (or like agency) where the Demised Premises is situated, or any other body exercising similar functions and having jurisdiction thereover; (v) said alteration or improvement shall be completed free of liens for labor and materials supplied or claimed to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs have been supplied to the foundationsDemised Premises; and (vi) Tenant shall, load bearing walls at its sole cost and roof. This does not include the repairing of any glass expense, maintain adequate insurance therefor, including statutory workmen's compensation insurance (or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall deliver to Landlord certificates of insurance for contractors indicating workmen's compensation insurance is in force) covering all persons employed in connection with the work and with respect to whom death or injury claims could be asserted against the Landlord, the Tenant or the Demised Premises; and general liability insurance naming the Landlord as an additional insured, which policy shall have limits of not be required to return less than ONE MILLION ($1,000,000.00) DOLLARS per person and THREE MILLION ($3,000,000.00) DOLLARS per accident or occurrence and FIVE HUNDRED THOUSAND ($500,000.00) DOLLARS for property damage. The policy shall contain clauses that: (i) the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurance.amount of

Appears in 1 contract

Sources: Lease (Wireless Telecom Group Inc)

Repairs and Alterations. A. Tenant shall, at Tenant's own cost and expense, keep the Premises in good condition and repair, except to the extent such obligations are imposed upon Landlord pursuant to Section X.C. below and except for casualty damage and reasonable wear and tear. Such repairs shall restore the Premises to as good a condition as it was in prior to such damage and shall be effected in compliance with the reasonable directions of Landlord. If Tenant fails to make such repairs to the Premises promptly, Landlord may, at its option, make such repairs, and Tenant shall pay the cost thereof to the Landlord on demand as additional Rent. B. Except with respect to the initial Landlord Work to be performed pursuant to Exhibit C (14.1the approval of which is hereby granted by Landlord), Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises, nor install any vending machines (other than the employee's lunch room), safes or other heavy property or equipment within the Premises, nor place signs or window coverings on the Premises which are visible from outside the Premises, without first obtaining the written consent of Landlord in each such instance. Prior to commencing any such work, Tenant must furnish Landlord with plans and specifications; names and addresses of contractors; copies of contracts; necessary permits; evidence of contractor's and subcontractor's insurance in accordance with section XVI.B, hereof; and indemnification in form and amount satisfactory to Landlord. All such improvements, alterations or additions shall be installed in a good workmanlike manner using new materials. Upon completion, Tenant shall furnish "as-built" plans, contractor's affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All improvements, alterations and additions shall comply with all insurance requirements, codes, ordinances, laws and regulations, including without limitation, the Americans with Disabilities Act. Except with respect to the initial Landlord Work, Tenant shall reimburse Landlord upon demand as additional Rent for all reasonable and necessary sums expended by Landlord for examination of the architectural, mechanical, electric and plumbing plans for any alterations, additions or improvements and for the costs of repairing any damage done to the Building caused by Tenant or Tenant's agents, servants, employees, customers, licensees, or invitees. If Landlord so requests, Tenant shall permit Landlord to supervise construction operations, but no such supervision shall impose any liability upon Landlord. In the event Landlord supervises such construction, Landlord shall be entitled to a supervisory fee in the amount of five percent (5%) of the cost of such construction, provided that Landlord shall not be entitled to receive a supervision fee with respect to the initial Landlord Work and, provided further, that Landlord shall only be entitled to receive a supervision fee if the work being performed by Tenant involves the systems or structure of the Building or otherwise reasonably requires supervision by Landlord. Landlord's approval of Tenant's plans and specifications or supervision of any work performed for or on behalf of Tenant shall not be deemed to be a representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or regulations. C. Landlord, as part of Basic Costs, shall keep and maintain the Leased Premises in good repair and condition; keep in good running working order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas make all repairs to and electric fixtures; replace perform necessary maintenance upon: 1) all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless structural elements of the Building within the Premises, unless the need to make a structural alteration or repair results from Tenant's particular manner of use of the Premises, Tenant's particular design of the Premises, or any alterations, additions or improvements performed by or on behalf of Tenant in which same may the Premises; and 2) all mechanical systems within the Premises, but only to the extent such have not been brokeninstalled by Tenant or its contractors; and 3) all elements of the Building and the Premises necessary to provide the services described in Article VII, unstop but only to the extent such have not been installed by Tenant or its contractors; and 4) the Building facilities common to all water fixtures tenants including, but not limited to, the ceilings, lighting, HVAC, plumbing, walls and floors in the common areas. All repairs by Landlord shall be accomplished in a good and workmanlike manner using new materials and in compliance with all applicable laws of all controlling governmental authorities. Landlord will use reasonable efforts to perform all repair and maintenance to the Premises in such a manner as to limit, to the extent reasonably possible, any interference to the operation of Tenant's business in the Premises, unless emergency conditions exist that may become choked and repair all water pipes and plumbing that may burstrequire immediate action. If any elevators, escalators, lifts, machinery or appliances (Notwithstanding anything herein called "equipment") are situate on to the Leased Premisescontrary, Tenant shall care forbe responsible for the cost of any alterations, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent of Landlord, which consent shall not be unreasonably withheld, and all alterationsrepairs, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises necessitated by the acts or omissions of Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insuranceagents, employees and contractors.

Appears in 1 contract

Sources: Office Lease (Diversified Corporate Resources Inc)

Repairs and Alterations. (14.1) Tenant shall keep and maintain the Leased Premises in good repair and condition; keep in good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord 6.1. Promptly after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premisesobtaining knowledge thereof, Tenant shall care forgive to Landlord written notice of any damage to, maintain or defective condition in any part or appurtenance of the Building's plumbing, electrical, heating, air-conditioning or other systems serving, located in, or passing through the Premises. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, railing, ceiling, floor covering, partitions or any other property installed in the Premises by Tenant, except to the extent provided in Section 15 below. ---------- 6.2. In the event that the Tenant desires to have any modifications or alterations completed within the Premises subsequent to the Commencement Date, the Tenant shall undertake such improvements or alterations ("Additional Work"), all at its cost and repair sameexpense and using its own architect and contractor, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries subject to persons and property arising therefrom. the following conditions: (a) The Tenant shall not make any alterations of, additions exterior or structural changes to or changes in the Leased Premises or equipment without the prior written consent of the Landlord, which consent shall not be unreasonably withheld, withheld or delayed; (b) The Tenant shall provide to the Landlord three (3) copies of plans and all alterations, specifications for any Additional Work for exterior or structural changes to the Premises before undertaking the Additional Work; (c) Tenant shall provide to the Landlord two (2) copies of as-built plans and improvements, by whomsoever made, specifications within sixty (60) days after completion of any Additional Work; (d) All Additional Work shall be the property of Landlord.done in full compliance with all applicable building codes, regulations, laws, statutes and ordinances; (14.2e) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises The Landlord shall not unreasonably withhold its approval (if prior written approval is required) of any Additional Work requested by the Tenant, including but provided, however that such proposed Additional Work does not being limited toreduce the value of the Premises and so long as the Landlord can obtain the consent of its Lender for such Additional Work, electric wiringto the extent such consent is required; (f) Prior to commencing such structural or exterior Additional Work, electric fixturesnotice shall be given to Landlord and the Landlord's structural engineer whose address is EQE International, show window reflectors1848 Lackland Hills Parkway, screensSt. Louis, screen doorsMissouri 63146-3572, awningsAtte▇▇▇▇▇: ▇▇▇▇ ▇. ▇▇▇▇▇▇ (▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇er as may be ▇▇▇▇▇▇▇▇▇▇ ▇▇ the Landlord in written notice to the Tenant), awnings frames floor coveringsspecifying the work to be done and the area of the Premises affected by such work; (g) Tenant shall obtain all necessary governmental permits prior to commencing such Additional Work; (h) The Tenant shall provide the Landlord a list of the contractors and subcontractors performing the Additional Work and shall provide the Landlord with reasonable assurances that such contractors and subcontractors carry liability and workers compensation insurance reasonably satisfactory to the Landlord; (i) If requested by the Landlord, landscapingthe Tenant shall provide reasonable assurances to the Landlord that the provisions in this Lease regarding mechanic's liens in Section 31 hereof shall be satisfied ---------- with respect to the Additional Work; (j) The parties shall obtain the written consent of Landlord's Lender to any exterior or structural Additional Work, furnaces if so required by the Lender; and (k) Tenant shall pay any out-of-pocket expenses incurred by the Landlord to professionals or to its Lender in reviewing and air conditioning machinery approving any request for any exterior or structural Additional Work. The out-of-pocket expenses shall be based on reasonable rates for customary services provided by such professionals. The Landlord shall endeavor to use the same professionals used by its Lender for reviewing any proposed exterior or structural Additional Work to the extent the Lender's approval is required therefor. 6.3. Any and equipment, all alterations or Additional Work to the Premises shall immediately become the property of the Landlord and shall not be removed by Tenant at the upon termination of this LeaseLease (except trade fixtures, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass equipment or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused furniture owned by Tenant's fault or negligence which is not adequately covered by insurance).

Appears in 1 contract

Sources: Lease (Jones Financial Companies Lp LLP)

Repairs and Alterations. (14.1) Tenant shall keep and maintain the Leased Premises in good repair condition and condition; keep in good running order repair. Subject to Section 15(3), all damage or injury to the heating Premises or the Building caused by the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees shall be properly repaired by Tenant, at its sole cost and air conditioning systemsexpense, electric wiringto the satisfaction of Landlord. Landlord may make any repairs which are not promptly made by Tenant and charge Tenant for the cost thereof which costs shall be paid by Tenant within thirty (30) days from invoice by Landlord. Tenant waives all right to make repairs at the expense of Landlord, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys or to Landlord after replacement of locks, trimmings, glass and plate glass broken during deduct the tenancy, regardless of cost thereof from the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefromrent. Tenant shall not make any alterations ofno alterations, changes, repairs, or additions in or to or changes in the Leased Premises or equipment without the Landlord’s prior written consent of Landlord, which consent shall (not to be unreasonably withheld, conditioned or delayed), and then only by contractors or mechanics approved by Landlord and upon the approval by Landlord of fully detailed and dimensioned plans and specifications pertaining to the work in question, to be prepared and submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any work approved by Landlord. If Landlord, in approving any work specifies a commencement date therefore, Tenant shall not commence any work prior to such date. If any permitted alterations, changes and improvementschanges, by whomsoever repairs or additions are made, they shall be made at Tenant’s expense and shall become the property of Landlord. (14.2) Tenant agrees , except that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises Landlord may, by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by written notice to Tenant at the termination time Landlord’s gives its consent to such alterations or improvements, require Tenant at Tenant’s expense at the end of this Lease, unless requested the term to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly remove any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make or all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes alterations or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused made by Tenant's fault or negligence which is not adequately covered by insurance.

Appears in 1 contract

Sources: Office Lease (Content Checked Holdings, Inc.)

Repairs and Alterations. (14.1) Tenant shall keep and maintain agrees by taking possession of the Leased Premises that the Leased Premises are then in a tenantable and good repair and condition; keep in , that Tenant will take good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement care of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises will not be altered or equipment changed without the prior written consent of Landlord. Tenant waives any right to make repairs at Landlord's expense. Tenant will not make changes to locks or doors or add, which disturb, or in any way change any plumbing, ducting, or wiring without first obtaining the written consent shall not of Landlord. All damage or injury done to the Project by Tenant or by any persons who may be unreasonably withheldin or upon the Project with the consent of Tenant will be paid for by Tenant, and Tenant will pay for all damage to the Project caused by Tenant's misuse; however, Tenant will pay for structural damage to the Project only if occasioned by negligent, reckless, or intentional acts or omissions of Tenant or any other person who may be in or upon the Project with the consent (implied or otherwise) of Tenant. All repairs to the Leased Premises necessary to maintain the Leased Premises in a tenantable and good condition will be done by or under the direction of Landlord at Tenant's expense (payable to Landlord immediately upon demand) except as otherwise specifically provided in this Lease. Tenant will pay for the replacement of doors or windows of the Leased Premises that are cracked or broken by Tenant, its employees, agents or invites, and Tenant will not put any curtains, draperies or other hangings on or beside the windows in the Leased Premises without first obtaining Landlord's written consent. Landlord may make any alterations or improvements that Landlord may deem necessary for the preservation, safety, or improvement of the Project. All alterations, changes additions, and improvements, except fixtures installed by whomsoever madeTenant and that are removable without damage to the Building, shall be will become or remain, as applicable, the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurance.

Appears in 1 contract

Sources: Office Lease Agreement (Vestin Group Inc)

Repairs and Alterations. (14.1) 8.01 Tenant shall periodically inspect the Premises, including but not limiting to the fire monitoring and alarm system, to identify any conditions that are dangerous or in need of immediate or other maintenance or repair and shall promptly provide Landlord with notice of any such conditions. Tenant shall, keep and maintain the Leased Premises at all times in good repair condition and condition; keep in good running order the heating repair, reasonable wear and air conditioning systems, electric wiring, toilets, water pipes, water, gas tear excepted. Landlord shall perform all maintenance and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless repairs upon the: (a) structural elements of the manner Building, including damage to interior elements necessary to reach said areas; (b) mechanical, electrical, plumbing and fire/life safety systems serving the Building in which same may have been brokengeneral (but not specific sub-systems maintained by Tenant that tie into these systems); (c) Common Areas, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevatorsincluding the Common Area restrooms; (d) roof of the Building, escalatorsincluding its water-tight nature; (e) exterior windows of the Building, lifts, machinery or appliances including periodic window cleaning; (herein called "equipment"f) the interior of the building unless such repairs are situate on necessary because of acts of the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant. 8.02 Tenant shall not make any alterations ofalterations, repairs, additions or improvements (collectively referred to or changes in the Leased Premises or equipment as “Alterations”) without first obtaining the prior written consent of LandlordLandlord in each instance, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested . In order to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by obtain such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, howeverapprovals, Tenant shall furnish Landlord with detailed plans and specifications drawn by qualified professionals; names of contractors acceptable to Landlord; required permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord and naming Landlord as an additional insured; and any security for performance in amounts reasonably required by Landlord. Tenant shall reimburse Landlord for any sums paid by Landlord for third party examination of Tenant’s plans and specifications for Alterations and construction controls to monitor the course of construction. In addition, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any Alterations, said fee not be required to return exceed 5% of the Leased Premises cost of the Alterations. Upon completion, Tenant, at Tenant’s expense, shall furnish “as-built” plans to Landlord accurately representing each of the Alterations completed, completion or occupancy certificates and equipment in as good condition as aforesaid if the same are damaged or destroyed a full set of final waivers of liens by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insuranceall contractors and materialmen.

Appears in 1 contract

Sources: Office Lease Agreement

Repairs and Alterations. (14.1) Landlord shall maintain the structural portions of the Project including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass, columns, beams, shafts, stairs, stairwells, elevator cabs and common areas and shall also maintain and repair the basic mechanical, electrical, lifesafety, plumbing, sprinkler systems and heating, ventilating and air-conditioning systems. Except as expressly provided as Landlord's obligation in this Article 9, Tenant shall keep and maintain the Leased Premises in good repair condition and condition; keep in good running order repair. All damage or injury to the heating and air conditioning systemsPremises or the Project resulting from the act or negligence of Tenant, electric wiringits employees, toiletsagents or visitors, water pipesguests, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during invitees or licensees or by the tenancy, regardless use of the manner in which same may have been brokenPremises shall be promptly repaired by Tenant, unstop all water fixtures that may become choked at its sole cost and repair all water pipes and plumbing that may burst. If any elevatorsexpense (to the extent not covered by Landlord's insurance), escalators, lifts, machinery or appliances (herein called "equipment") are situate on to the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent satisfaction of Landlord, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant's receipt of written notice and the reasonable opportunity of Tenant to make said repair within fifteen (15) business days from receipt of said written notice, and charge Tenant for the cost thereof, which cost shall be paid by Tenant within five (5) days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant's request. Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to the Premises (collectively, "Alterations ") without Landlord's prior written consent, and then only by contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall not be required commence any work with respect to return such Alterations prior to such date. Notwithstanding anything to the Leased contrary contained herein, Tenant may make strictly cosmetic changes to the finish work in the Premises (the "Cosmetic Alterations") without Landlord's consent, provided that such alterations do not (i) require any structural or other substantial modifications to the Premises, (ii) require any changes to, nor adversely affect, the systems and equipment of the Project, and (iii) affect the exterior appearance of the Project. Tenant shall give Landlord at least fifteen (15) days prior notice of such Cosmetic Alterations, which notice shall be accompanied by reasonably adequate evidence that such changes meet the criteria contained in as good condition as aforesaid this Article 9. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Premises by or at the request of Tenant in connection with any Alterations. If permitted Alterations are made, they shall be made at Tenant's sole cost and expense and shall be and become the property of Landlord, except that Landlord may, by written notice to Tenant given at the time of Landlord's consent thereto (or if no consent is required, then within fifteen (15) days after written request by Tenant for such determination by Landlord), require Tenant at Tenant's expense to remove all partitions, counters, railings and other Alterations installed by Tenant, and to repair any damages to the same are damaged or destroyed by fire or otherwise, unless Premises caused by Tenantsuch removal. Any and all costs attributable to or related to the applicable building codes of the city in which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenants plans, specifications, improvements, alterations or otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any other work arising from or related to this Article 9 other than Cosmetic Alterations, Landlord shall be entitled to receive an administrative/supervision fee (which fee shall vary depending upon whether or not Tenant orders the work directly from Landlord but shall not exceed five percent (5%)) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord's fault or negligence which is involvement with such work. The construction of initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not adequately covered by insurancethe terms of this Article 9.

Appears in 1 contract

Sources: Credit, Security, Guaranty and Pledge Agreement (Kushner Locke Co)

Repairs and Alterations. Subject to any punchlist items prepared in accordance with Exhibit B and to any patent defects discovered within 90 days after delivery of the premises or latent defects discovered within one year after delivery (14.1) provided that nothing herein shall be construed to require Landlord to correct any items in the premises which were damaged by Tenant’s misuse thereof). Tenant shall keep agrees by taking possession of the premises as herein set forth that such premises are then in a tentantable and maintain good condition and conform with the Leased Premises in requirements of this lease, that Tenant will take good repair care of the premises, and condition; keep in good running order that the heating and air conditioning systemssame will not be altered, electric wiringrepaired or changed without the written consent of the Landlord. Notwithstanding the foregoing, toiletsTenant may, water pipes, water, gas and electric fixtures; replace all locks and deliver keys with advance written notice to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment but without the prior written consent of Landlord, from time to time and at any time during the term of this lease, remove and move interior non-demising partitions, and move wires, cabling and power poles and make other similar changes within the premises in accordance with its customary practice, provided that Tenant shall repair any damage caused by such work to Landlord’s satisfaction. Such changes may be done by Tenant or its agents or by contractors hired by Tenant, at its own expense. Tenant shall promptly notify Landlord of any damage to or defect in any part of the premises, or in any equipment or utility system serving the premises, of which consent shall not Tenant becomes aware and which is likely to cause or result in death or injury to any person or damage to property notwithstanding that Landlord may have no obligation hereunder, Tenant agrees that all alterations, improvements, repairs or maintenance of the premises shall, except as otherwise herein agreed, be unreasonably withheldmade either by or under the direction of Landlord but at the expense of Tenant (including a reasonable charge for Landlord’s overhead and administration) and Tenant hereby waives the provisions of Subdivision (1) of Section 1932 and of Sections 1941 and 1941.1 of the Civil Code of California, and all rights to make repairs at Landlord’s expense under the provisions of Section 1942 and 1942.1 of the Civil Code or any other provision of law. Unless otherwise provided by written agreement, all alterations, improvements and changes and improvements, that may be permitted by whomsoever made, Landlord shall be at the termination of the lease become the property of Landlord. (14.2) , and shall remain upon and be surrendered with the premises, provided however, that at Landlord’s option and provided that Landlord has notified Tenant agrees of Landlord’s election of such option at the time consent of such alteration is given, Tenant shall, at Tenant’s expense, when surrendering the premises, remove the same and restore the premises to their original condition at the commencement of this lease, taking into account normal wear and tear and damage by fire or other casualty. Notwithstanding the foregoing, any improvement or fixture placed on the premises by Tenant at Tenant’s cost and expense may be removed from the premises by Tenant upon termination of this lease, provided that all additions any damage to the premises caused by such removal shall be repaired by Tenant at its sole cost and improvements and attached equipment and fixtures installed expense. All damage or injury done to the premises by Tenant, or by any persons who may be in or on around the Leased Premises by premises with the consent of Tenant, including but not being limited toshall be paid for by Tenant. Tenant shall, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so lease by the Landlordexpiration of time or otherwise, in which event Tenant agrees surrender and deliver up the premises to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed when received by Tenant from Landlord, reasonable wear and tear and damage by fire or otherwiseother casualty excepted. Tenant shall pay for all damage to the building, unless the Project, or appurtenant areas or equipment, as well as all damage to tenants or occupants thereof or their property caused by Tenant's fault Tenant or negligence which is not adequately covered by insuranceits employees or contractors. Landlord shall diligently maintain and keep in good condition (comparable with other first-class office buildings in the vicinity of the building) the building and all public areas thereof, including lobbies, elevators, and elevator lobbies, and the roof, basement, and foundation, the exterior walls thereof, all windows, and structural components of the building, as well as all building systems, including the electrical system and the heating, ventilation and air conditioning system.

Appears in 1 contract

Sources: Sublease Agreement (PRN Corp)

Repairs and Alterations. (14.1) Tenant shall keep and maintain the Leased Premises in good repair and condition; keep in good running order the heating and air air-conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, ; unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If there be any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain maintain, and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or for injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent of Landlord, which consent shall not be unreasonably withheld, and all alterations, changes changes, and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) . Nothing contained in this Lease paragraph shall be construed as requiring Landlord to make any repairs, except repairs of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls walls, and roofroofs. This does not include Tenant, in complying with all applicable laws and regulations of governmental authorities respecting the repairing use of the Leased Premises, shall at Tenant's expense install all toilets that may be required, and do any glass work, except repairs of a structural nature, which may be ordered by such governmental authorities; but if Tenant, after notice ordering the work, fails to comply with reasonable promptness, Landlord, without notice to Tenant, may do such work and collect the cost thereof from Tenant as additional rent hereunder. If Landlord is required to abat▇ ▇▇▇ nuisance on the Leased Premises, Landlord may do so without notice to Tenant and Tenant shall pay all costs thereof as additional rent hereunder. Tenant shall, on the last day of the original or moving parts such as passage renewal term, or upon the sooner termination of this lease, peaceably and overhead doors. (The Tenant will maintain quietly surrender the ------ common areas as outlined in the Addendum.) Leased Premises and equipment to Landlord, broom-clean, including all improvements, alterations, rebuildingrebuilds, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurance.

Appears in 1 contract

Sources: Lease Agreement (International Knife & Saw Inc)

Repairs and Alterations. With respect to repairs, alterations and the like, it is agreed: (14.1a) Tenant shall keep Lessor, after receiving written notice from Lessee and maintain having reasonable opportunity thereafter to obtain the Leased Premises in good repair necessary materials and condition; workmen, agrees to keep in good running order and repair the parking lot, underground sewers and pipes and other outside facilities (except as described in Section 5 (d) below) and also the roof and all outer walls of the building on the premises. Lessor shall not be liable to Lessee for any loss or damage caused by stoppage or failure of all or part of the mechanical plant or equipment upon or about the premises, nor by leakage from the plumbing, heating, air conditioning or drainage facilities, nor by stoppage or failure in heat, light, air conditioning or electric, gas or compressed air supply. Lessee shall be responsible for its telephone jacks and wiring, computer wiring, alarm systems, shop wiring, machine connections, any work on Lessee's equipment, collector, ducting and wiring, and special HVAC systems, if required by Lessee (exclusive of HVAC systems for shop and office areas, to be installed by Lessor and maintained by Lessee). Lessee agrees to keep in good working condition: interior plumbing, heating and air conditioning systemsconditioning. Lessor agrees to keep in good condition: Landscape, electric wiring, toilets, water pipes, water, gas snow removal and electric fixtures; replace all locks area lighting. (b) All movable furniture and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during trade fixtures placed or installed in or about the tenancy, regardless of premises by the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent of Landlord, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, Lessee shall be and remain the property of Landlord. (14.2) Tenant agrees Lessee and may be removed by it at any time, free from any claim of Lessor, except that all additions and improvements and attached equipment and fixtures installed Lessee shall promptly remedy any damages to the premises caused by such removal. All built-in or on otherwise permanently attached interior decorations, shelving and other alterations, additions or improvements made by Lessee upon the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces premises shall be only with written approval of Lessor and air conditioning machinery and equipment, shall immediately become the property of the Landlord Lessor and shall not remain upon and be removed by Tenant at surrendered with the premises upon the termination of this Lease, unless requested without molestation or injury, except as Lessor shall otherwise in writing agree. For purposes of this subparagraph, trade fixtures shall be deemed to do so include, but not by way of limitation, grinding machines and compressors attached to the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removalpremises. (14.3c) Nothing contained in this Lease shall be construed as requiring Landlord If after notice, Lessee has not repaired or is not diligently pursuing repair, and Lessee fails or refuses to commence promptly any of the repairs or other obligations required by subparagraph (b) above and to complete the same with reasonable dispatch, Lessor may make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural or cause repairs to the foundationsbe made or other obligations to be performed, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required responsible to return the Leased Premises Lessee for any loss or damage that may be caused to its supplies or business by reason thereof. (d) Lessor shall permit Lessee to install grinder exhaust and compressor connections through existing wall at Lessee's expense. Lessee shall also be permitted to install an approximately 10 foot by 10 foot fenced or shelled area outside this wall to house such equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenantat Lessee's fault or negligence which is not adequately covered by insuranceexpense.

Appears in 1 contract

Sources: Lease (PCD Inc)

Repairs and Alterations. (14.1) Unless caused by the negligence of the Tenant, Landlord shall be responsible for repairs to the interior and exterior of the premises. It is the responsibility of Tenant to promptly notify Landlord of the need for any such repair of which the Tenant becomes aware. Tenant will be responsible for any repairs caused by his/her negligence. Any repairs costing more than $100 will require the Landlord's permission. Lessor shall keep and maintain put the Leased Premises in good repair and condition; keep in good running order demised premises into condition fit for their occupation by the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement commencement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and shall repair all water pipes and plumbing subsequent changes in condition thereof which may render them untenantable, except that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant lessee shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages all deteriorations or injuries to persons the demised premises occasioned by her, his, or their want of ordinary care or greater degree of culpability. No duty on the part of lessor shall arise with respect to repairs to tenant ability under this section, however, if lessee is in substantial violation of any one or more of the following obligations: (a) to keep the demised premises clean and property arising therefromsanitary as the condition of same permits. (b) To remove from the dwelling unit all rubbish, garbage, and other waste, in a clean and sanitary manner. (c) To properly use and operate all electrical, cooking and plumbing fixtures and to keep them as clean and sanitary as their condition permits. (d) To allow any person on the premises, with permission, to wilfully or wantonly destroy, deface damage, impair, or remove any part of the structure or dwelling unit or the facilities, equipment, furnishings, or appurtenances thereto. (e) To occupy the premises as a residential dwelling, utilizing the portions thereof for living, sleeping, cooking, or dining purposes only which were respectively designed or intended to be used for such occupancies. Tenant shall will not make any alterations ofalterations, additions to or changes improvements on the premises without in each case first obtaining the Leased Premises or equipment without the prior written consent of Landlord. A consent to a particular alteration, which consent addition or improvement shall not be unreasonably withheld, and all deemed consent to future alterations, changes and additions or improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurance.

Appears in 1 contract

Sources: Residential Lease Agreement

Repairs and Alterations. Upon taking possession of the Premises as set forth herein, Tenant shall, be deemed to have accepted the Premises as being in tenantable and good condition. Upon delivery thereof, the Premises (14.1and all Building systems directly serving the Premises except those which Tenant is responsible for installing in connection with the Tenant Improvements) shall be in good condition, order and repair and the Premises roof shall be watertight. Tenant shall keep shall, at Tenant's sole cost and expense, repair and maintain the Leased Premises and every part thereof in good repair order and condition; keep condition and, except as expressly provided in good running order Section 15 below, in compliance with all applicable laws, ordinances and regulations and, subject to the heating third sentence of this Section 10, Tenant shall, at Tenant's sole cost and air conditioning systemsexpense, electric wiringmake any change or alterations to the Premises required thereby. Without limiting the foregoing, toiletsTenant shall, water pipesat its sole cost and expense, water, gas and electric fixtures; replace cause the Premises to comply at all locks and deliver keys to Landlord after replacement times with the requirements of locks, trimmings, glass and plate glass broken during the tenancy, regardless Title III of the manner Americans With Disabilities Act (42 U.S.C. Section 12181 et seq.), the regulations now or hereafter adopted pursuant -- --- thereto, and any and all applicable laws, statutes, ordinances, rules and regulations concerning public accommodations for disabled persons now or hereafter in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may bursteffect. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on Notwithstanding the Leased Premisesforegoing, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability not alter or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in change the Leased Premises or equipment any other portion of the Building without the prior written consent of Landlord, which consent shall not be unreasonably withheldwithheld for changes required by law, except that such changes shall be subject to Landlord's reasonable approval of plans therefor and Landlord may elect to have its own contractors perform any such alterations that affect Building systems, utilities or structural portions and Tenant shall reimburse Landlord for the reasonable costs thereof within five (5) business days after written demand. Notwithstanding the immediately preceding sentence, Tenant shall have the right (i) to make interior, non- structural alterations which do not affect the Building systems (including, without limitation; mechanical, electrical, HVAC, plumbing and life and safety systems) and which do not cost more than $10,000 in the aggregate over the Term of the Lease and (ii) to install cables, computer lines and telephone lines in the Premises subject to Landlord's approval as to size, design, layout, location and method of installation. Tenant hereby waives the provisions of Subdivision (1) of Section 1932 of the Civil Code of California, and all alterations, changes and any successor or similar statute or law. All improvements, repairs and/or alterations that may be required of or desired by whomsoever made, Tenant shall be done by Landlord's contractor but at the property cost of Landlord. (14.2) Tenant agrees that all additions Tenant. All improvements, repairs, and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, alterations shall immediately become the property of the Landlord and shall not remain upon and be removed surrendered with the Premises; provided, however, that at Landlord's option, Tenant shall, at Tenant's expense, when surrendering the Premises, restore the same to their original condition. All damage or injury done to the Premises by Tenant, or by any persons who may be in or upon the Premises with the consent of Tenant, shall be paid for by Tenant. Tenant shall, at the termination of this Lease, unless requested to do so Lease by the Landlordexpiration of time or otherwise, in which event Tenant agrees surrender and deliver up the Premises to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if when received by Tenant from Landlord, reasonable wear and tear excepted and subject to the same are damaged following (to the extent not caused or destroyed created by fire Tenant, its agents, employees or otherwiseinvitees): (i) acts of God, unless (ii) casualty, (iii) condemnation, (iv) the presence of Hazardous Materials not caused or created by Tenant, its agents employees or contractors, and (v) improvements, repairs and/or alterations which Landlord has requested to remain in the Premises. Tenant shall pay for all damage to the Building, as well as all damage to tenants or occupants thereof, caused by Tenant's fault misuse or negligence which is not adequately covered by insuranceneglect of the Premises or the appurtenances thereto.

Appears in 1 contract

Sources: Office Space Lease (Concentric Network Corp)

Repairs and Alterations. (14.1) Tenant Section 1. The Lessee shall keep the demised premises in a neat, clean, sanitary condition and maintain the Leased Premises in good order and repair and condition; keep in good running order working condition, including all electrical, plumbing, gas, sprinkler, and equipment within or serving the heating and air conditioning systemsdemised premises (including without limitation the maintenance, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after repair and/or replacement of locksthe HVAC system serving the demised premises) and all fixtures and interior walls, trimmingsfloors, ceilings, signs (including exterior signs where permitted), and all interior building appliances and similar equipment and the exterior and the interior portions of all windows, window frames, doors, door frames, and all other glass or plateglass thereon. In connection therewith, and plate glass broken during without limiting Lessee's obligations hereunder, Lessee shall perform the tenancy, regardless maintenance as set forth on the HVAC maintenance schedule attached hereto as Exhibit C and made a part hereof. Subject to approval by Lessor of the manner in plans and specifications therefor (which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent of Landlord, which consent shall not be unreasonably withheldwithheld so long as Lessee complies (and Lessee hereby covenants and agrees to so comply) in all respects with Article VI, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination Section 6 of this Lease, unless requested including, without limitation, the requirements set forth in Article VI, Section 6, Subparagraphs (a), (c) and (d) of this Lease), Lessee shall have the right to do raise the roof in accordance with the plans and specifications so approved by Lessor. To the Landlordextent that Lessee raises the roof (subject to plan and specification approval by Lessor as set forth herein), then Lessee shall be responsible (at its sole cost and expense) to maintain in which event Tenant agrees to do good order and repair and in good working condition that portion of the roof so raised as well as all joints and to repair promptly any damage caused seems connecting the portion of the roof not raised with the portion of the roof raised by such removalLessee. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to Section 2. The Lessor shall, at its expense, promptly after receipt of written notice from the Lessee, make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing roof (except for those portions of the roof raised by Lessee (and the joints and seems connected thereto) in accordance with Article VI, Section 1 hereof), beams, girders, mullions and exterior walls of the demised premises only (exclusive of glass, window frames, windows, doors, door frames and roof. This does not include signs, which repairs shall be made by the repairing Lessee) except where such repairs are required by reason of any glass act or moving parts negligence of the Lessee, its employees, agents, licensees, suppliers, contractors, or guests ("structural repairs"). The Lessor shall commence repairs to be made by it as promptly as practicable after the receipt of such notice, provided, however, that the Lessor (without limiting Section 14 of Article XXII hereof) shall not be liable for a delay in commencement of the making of such repairs or for a delay or failure to complete such repairs where such delay or failure is attributable to strikes or other labor conditions, inability or difficulty in obtaining materials, services or permits, wars, delays due to the weather, or other cause beyond the reasonable control of the Lessor. Section 3. Lessor shall be responsible for the maintenance of the grass and shrubs located on the Land and shall be responsible for maintaining, repairing, lighting and removing snow from the parking areas, driveways and walkways on the Land, except where the necessity thereof is due to the willful or negligent acts of Lessee or its agents, employees, licensees, suppliers, contractors or guests. Section 4. All costs paid or incurred by Lessor in performing any of its obligations under this Article VI (except for structural repairs set forth in Section 2 hereof) shall be included in Lessor's costs of maintaining and repairing as passage set forth in Article III, Section 4. Section 5. The Lessee shall at the expiration or earlier termination of this lease remove its goods and overhead doors. (The Tenant will maintain effects and peaceably yield up the ------ common areas as outlined demised premises, clean and in the Addendum.) alterationssame order, rebuildingrepair and condition as at the Commencement Date of the term hereof, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were may be put in during the term hereof, reasonable wear and tear excepted (provided good maintenance practices are employed), except for repairs which the Lessor agrees to make as herein provided and except for damage by fire or insured casualty, and Lessee shall promptly repair any injury done to the demised premises, the Building or the Land by the installation or removal of the Lessee's fixtures or other property. Section 6. The Lessee shall have the right at its expense to make alterations, improvements or additions to the interior of the demised premises, provided that: (a) No such alteration, addition or improvement shall lessen the fair market value of the demised premises or the Building and any such alteration, addition or improvement shall be done in accordance with all applicable law, in a good and workmanlike manner with good quality materials and shall not impair the safety of the structure of the Building. (b) Any such alteration, addition, or improvement shall be made in accordance with plans and specifications which must have the written approval of the Lessor before any work shall be commenced, such approval, with respect to non-structural alterations, not to be unreasonably withheld. With respect to structural alterations, improvements or additions, Lessor shall have absolute discretion to withhold or grant its consent. (c) Prior to the commencement of work on any such alteration, addition, or improvement, the plans and specifications covering the same shall have been submitted to and approved by: 1. All municipal or other governmental departments or agencies having jurisdiction over the subject matter thereof, and 2. Any mortgagee having an interest in or lien upon the Building or the Land, if required by the terms of the mortgage. (d) The Lessee shall pay the increased premium, if any, for the insurance coverage of the demised premises or the Building resulting from any additional risk during the course or construction or installation of any such alteration, addition, or improvement or resulting from such alteration, addition or improvement. All additions, improvements and fixtures (other than the usual trade fixtures, furniture and equipment installed by the Lessee which may be removed from the demised premises without injury thereto) which may be made or installed by either the Lessor or the Lessee and which are attached to a floor, wall or ceiling, including any floor covering, shall remain upon the demised premises, and at the expiration or earlier termination of this lease shall be surrendered with the demised premises as a part thereof. However, the Lessor upon termination of this lease may require the Lessee at ▇▇▇▇▇▇'s expense to restore the demised premises to their condition at the commencement of this lease in whole or in part. Any trade fixtures, furniture and equipment owned by the original termLessee which may be removed from the demised premises without injury thereto shall remain the property of the Lessee and shall be removed by the Lessee from the demised premises without injury thereto prior to the expiration or earlier termination of this lease. In the event Lessee fails to remove said fixtures, normal wear furniture and/or equipment prior to the expiration or earlier termination they shall be deemed abandoned and tear excepted; providedmay be disposed of by Lessor in any way it sees fit, however, Tenant and Lessor shall not be required liable to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insuranceLessee for any such disposal.

Appears in 1 contract

Sources: Standard Form Lease (American Science & Engineering Inc)

Repairs and Alterations. (14.1) Tenant shall keep and maintain the Leased Premises in good repair condition and condition; keep repair. All damage or injury to the Premises or the Building caused by the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees shall be properly repaired by Tenant, at its sole cost and expense, to the satisfaction of Landlord. Landlord may make any repairs which are riot promptly made by Tenant and charge Tenant for the cost thereof which costs shall be paid by Tenant within five (5) days from invoice by Landlord. Tenant shall be responsible for the design and function of all non-standard improvements to the Premises, whether or not installed by Landlord at Tenant's request. Tenant waives all right to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes, repairs, or additions in good running order or to the heating Premises without Landlord's prior written consent, and air conditioning systemsthen only by contractors or mechanics approved by Landlord and upon the approval by Landlord of fully detailed and dimensioned plans and specifications pertaining to the work in question, electric wiringto be prepared and submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any work approved by Landlord. If Landlord, toiletsin approving any work specifies a commencement date therefore, water pipesTenant shall not commence any work prior to such date. Tenant hereby indemnities and agrees to hold Landlord free and harmless from all liens and claims of lien, waterand all other liability, gas claims and electric fixtures; replace all locks and deliver keys demands arising out of any work done or material supplied to Landlord after replacement the Premises by or at the request of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burstTenant. If any elevatorspermitted alterations, escalatorschanges, liftsrepairs or additions are made, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant they shall care for, maintain and repair same, be made at Tenant's expense and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent of Landlord, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord, except that Landlord and shall not be removed may, by written notice to Tenant given at least thirty (30) days prior to the end of the term, require Tenant at Tenant's expense to remove all partitions, counters, railings and the termination of this Leaselike installed by Tenants, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage damages to the Premises caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurance.

Appears in 1 contract

Sources: Office Lease (1st Miracle Group Inc /Ontario/)

Repairs and Alterations. (14.1) 10.1 The Tenant shall keep the interior of the Property clean, tidy and maintain in the Leased Premises same condition as at the start of the Tenancy (except for fair wear and tear) and shall return the Property to the Landlord at the end of the Tenancy cleaned to a professional standard, as detailed in good repair Schedule 1. 10.2 The Tenant shall not use blu-tac or any other adhesive on the walls of the Property. 10.3 The Tenant will keep the Property adequately ventilated by opening windows and condition; using extractor fans where fitted. 10.4 If the Property has a garden or backyard, the Tenant shall keep it clean and tidy, and free from rubbish, as detailed in good running order Schedule 1. 10.5 The Tenant shall keep the heating inside and air conditioning systemsoutside of all windows that the Tenant can reasonably reach clean, electric wiring, toilets, water pipes, water, gas and electric fixtures; as detailed in Schedule 1. 10.6 The Tenant shall promptly replace all locks broken or damaged glass, fixtures or fittings at the Property where the Tenant, or the Tenant's family or visitors cause the breakage or damage. 10.7 The Tenant shall not cause any blockage to the dishwasher, washing machine, dryer, drains, gutters and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless pipes of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burstProperty. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, The Tenant shall care fornot put wet wipes, maintain cotton buds or anything else other than tissue paper in the toilets. The Tenant shall not put food waste and repair same, fats in the sinks. This obligation does not require the Tenant to carry out any works or repairs for which the Landlord is liable under 13.8. 10.8 The Tenant shall not cover any fire safety equipment at the Property in any way and shall indemnify and save harmless Landlord from any liability ensure that all fire doors, closers, smoke detectors, heat detectors, fire alarm boxes are not tampered with or claims for damages or injuries to persons and property arising therefrom. removed. 10.9 The Tenant shall not make any alterations ofalteration, additions to addition, or changes in redecorate the Leased Premises or equipment Property without the prior written consent of the Landlord. This includes altering, changing or installing any locks on any doors or windows in or about the Property, bringing any furniture or household belongings into the Property, which consent shall do not be unreasonably withheld, meet with the Furniture and all alterations, changes and improvements, by whomsoever made, shall be the property of LandlordFurnishings Fire Safety Regulations. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (10.10 The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not carry out any alteration to the Property which would, or may reasonably be required to return expected to, have an adverse effect on the Leased Premises and equipment asset rating in as good condition as aforesaid if any Energy Performance Certificate for the same are damaged Property or destroyed by fire the building of which it forms part. 10.11 The Tenant shall not charge any e-bike or otherwise, unless caused by Tenant's fault e-scooter within the property or negligence which is not adequately covered by insurancewithin the property boundary via internal or external power points.

Appears in 1 contract

Sources: Assured Shorthold Tenancy Agreement

Repairs and Alterations. Landlord shall maintain the structural ----------------------- portions of the Project including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass (14.1) including water leaks), columns, beams, shafts, stairs, stairwells, elevator cabs and common areas and shall also maintain and repair the basic mechanical, electrical, lifesafety, plumbing, sprinkler systems and heating, ventilating and air-conditioning systems (provided, however, that Landlord's obligation with respect to any such systems shall be to repair and maintain those portions of the systems located in the core of the Project or in other areas outside of the Premises, but Tenant shall be responsible to repair and maintain any distribution of such systems throughout the Premises, except the existing HVAC System in the Premises, the responsibility for repair and maintenance of which shall be as provided in Article 11 hereof). Except as expressly provided as Landlord's obligation in this Article 9, Tenant shall keep and maintain the Leased Premises in good repair condition and condition; keep in good running order repair. A Subject to the heating and air conditioning systemsprovisions of Article 14 hereof, electric wiringall damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, toiletsits employees, water pipesagents or visitors, waterguests, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during invitees or licensees or by the tenancy, regardless use of the manner in which same may have been brokenPremises shall be promptly repaired by Tenant, unstop all water fixtures that may become choked at its sole cost and repair all water pipes and plumbing that may burst. If any elevatorsexpense, escalators, lifts, machinery or appliances (herein called "equipment") are situate on to the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent satisfaction of Landlord, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant's receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice, and charge Tenant for the cost thereof, which cost shall be paid by Tenant within five (5) days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed installed by fire or otherwise, unless caused by Landlord at Tenant's fault request. Tenant waives all rights to make repairs at the expense of Landlord, or negligence which is to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to the Premises (collectively, "Alterations") without Landlord's prior written consent, and then only by contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant at its sole cost and expense. Notwithstanding anything to the contrary contained herein, Tenant may make strictly cosmetic changes to the finish work in the Premises (the "Cosmetic Alterations"), without Landlord's consent, provided that the aggregate cost of any such alterations does not adequately covered by insurance.exceed Fifty Thousand Dollars ($50,000.00) in any twelve (12) month period, and further provided that such alterations do not (i) require any structural or other substantial modifications to the Premises, (ii) require any changes to, nor adversely affect, the systems and equipment, and Initials: /s/ KM -------- -10- /s/ VC --------

Appears in 1 contract

Sources: Standard Office Lease (Digital Insight Corp)

Repairs and Alterations. Landlord shall maintain the structural portions of the Project including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass, columns, beams, shafts, stairs, stairwells, elevator cabs and common areas and shall also maintain and repair the basic mechanical, electrical, lifesafety, plumbing, sprinkler systems and heating, ventilating and air-conditioning systems (14.1) provided, however, that Landlord's obligation with respect to any such systems shall be to repair and maintain those portions of the systems located in the core of the Project or in other areas outside of the Premises, but Tenant shall be responsible to repair and maintain any distribution of such systems throughout the Premises). Except as expressly provided as Landlord's obligation in this Article 9, Tenant shall keep and maintain the Leased Premises in good repair condition and condition; keep in good running order repair. All damage or injury to the heating and air conditioning systemsPremises or the Project resulting from the act or negligence of Tenant, electric wiringits employees, toiletsagents or visitors, water pipesguests, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during invitees or licensees or by the tenancy, regardless use of the manner in which same may have been brokenPremises shall be promptly repaired by Tenant, unstop all water fixtures that may become choked at its sole cost and repair all water pipes and plumbing that may burst. If any elevatorsexpense, escalators, lifts, machinery or appliances (herein called "equipment") are situate on to the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent satisfaction of Landlord, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant's receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice, and charge Tenant for the cost thereof, which cost shall be paid by Tenant within five (5) days from invoice from Landlord. Tenant shall be responsible for the design and function of all nonstandard improvements of the Premises, whether or not installed by Landlord at Tenant's request. Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to the Premises (collectively, "ALTERATIONS") without Landlord's prior written consent, and then only by contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. Tenant shall construct such Alterations in a good and workmanlike manner, in conformance with all applicable federal, state, county and municipal laws, rules and regulations, pursuant to a valid building permit, and in conformance with Landlord's construction rules and regulations. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Premises by or at the request of Tenant in connection with any Alterations. Prior to the commencement of any Alterations, Tenant shall provide Landlord with evidence that Tenant carries "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may reasonably require, it being understood that all such Alterations shall be required insured by Tenant pursuant to return Article 14 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the Leased lien free completion of such Alterations and naming Landlord as a co-obligee. If permitted Alterations are made, they shall be made at Tenant's sole cost and expense and shall be and become the property of Landlord, except that Landlord may, by written notice to Tenant given at least thirty (30) days prior to the end of the Term, require Tenant at Tenant's expense to remove all partitions, counters, railings and other Alterations installed by Tenant, and to repair any damages to the Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenantsuch removal. Any and all costs attributable to or related to the applicable building codes of the city in which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenants plans, specifications, improvements, alterations or otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any other work arising from or related to this Article 9, Landlord shall be. entitled to receive an administrative/supervision fee (which fee shall vary depending upon whether or not Tenant orders the work directly from Landlord) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord's fault or negligence which is involvement with such work. The construction of initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not adequately covered by insurancethe terms of this Article 9.

Appears in 1 contract

Sources: Standard Office Lease (Matchnet, Inc.)

Repairs and Alterations. a. Tenant covenants that throughout the term of this Lease it will take good care of the Demised Premises, including all alterations, changes and improvements at any time erected thereon, and to keep and maintain same in good order and condition subject to normal wear and tear and damage. Except for roof and structural repairs, which will be Landlord’s responsibility (14.1) not required as a result of Tenant’s negligence or willful acts), Tenant shall promptly make, at its sole cost and expense, all repairs and replacements to the Demised Premises, including but not limited to those portions of electrical, plumbing servicing and within the Demised Premises. Replacements to the HVAC system shall be made by Tenant at its sole cost and expense. Tenant shall be required to enter into a maintenance agreement with a licensed HVAC contractor providing for the full and complete maintenance of the HVAC system as of the Commencement Date of this lease or date of possession, whichever is earlier, and shall be responsible for all repairs thereto. Tenant shall keep all areas, including, but not limited to, the driveways, parking areas and maintain the Leased Premises in good repair walkways clean and condition; keep in good running order the heating free of debris and air conditioning systems, electric wiring, toilets, water pipes, water, gas ice and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefromsnow accumulation. Tenant shall also maintain and perform all landscaping for the entire Property in proper manner. Tenant hereby indemnifies and holds Landlord harmless from and against any claim, damages, actions, injuries and expenses relating to Tenant’s performance of its duties under this paragraph. Landlord reserves the right to elect to perform the Tenant’s snow and ice removal and landscaping duties in the event Landlord deems Tenant’s performance to be inadequate and the charges incurred by Landlord shall constitute operations costs to be paid by Tenant. Landlord shall deliver, and Tenant shall accept, the Demised Premises in its “as is” condition. Tenant shall be responsible for obtaining a Continuous Business Certificate for the Demised Premises, if required. b. Tenant shall, during the term of this Lease, at its sole cost and expense, promptly comply with any statute, ordinance, rule, order, regulation or requirement of the Federal, State and Municipal Government and any and all departments, agencies, bureaus and subdivisions thereof as same shall apply to the Demised Premises and observe and promptly comply with: (i) all reasonable rules, orders and regulations of the Board of Fire Underwriters; or any like agency; and (ii) the requirements of all insurance carriers issuing policies maintained by the Landlord on the Demised Premises or on the property of which the Demised Premises is a part, except that Tenant shall not be required to make any alterations of, additions changes to or changes the Demised Premises during the initial term of the Lease which shall result in a change in the Leased law applicable to all tenants as opposed to a change in the law affecting Tenant because of Tenant’s particular use or manner of use of the Demised Premises. c. Tenant shall have the right during the term of this Lease to make interior alterations and improvements to the Demised Premises subject to the following conditions: (i) all governmental permits and authorizations required therefor shall have been obtained by Tenant prior to the undertaking of said alterations or equipment without improvements; (ii) no alteration or improvement of the prior written consent of Demised Premises shall be undertaken until detailed plans and specifications have first been submitted to and approved in writing by the Landlord, which consent shall not be unreasonably withheld, and withheld or delayed; (iii) all alterations, changes alterations and improvements, by whomsoever madewhen completed, shall be of such a character as shall not reduce, or otherwise adversely affect, the property value of Landlord. the Demised Premises, reduce the cubic content of the Building, affect the structural soundness of the Building, or change the character of the Building; (14.2iv) all work done in connection with any alterations and improvements shall be done promptly and in a good and workmanlike manner and in compliance with all building and zoning laws, and with all laws, ordinances, orders, rules, regulations and requirements of all Federal, State and Municipal governments and the appropriate departments, commissions, boards and officers thereof, and in accordance with the orders, rules and regulations of the Board of Fire Underwriters (or like agency) where the Demised Premises is situated, or any other body exercising similar functions and having jurisdiction thereof; (v) said alteration or improvement shall be completed free of liens for labor and materials supplied or claimed to have been supplied the Demised Premises; and (vi) Tenant agrees that all additions shall, at its sole cost and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenantexpense, maintain adequate insurance therefore, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces statutory workmen’s compensation insurance covering all persons employed in connection with the work and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not with respect to whom death or injury claims could be removed by Tenant at the termination of this Lease, unless requested to do so by asserted against the Landlord, the Tenant or the Demised Premises; and general liability insurance naming the Landlord as an additional insured, which policy shall have limits of not less than ONE MILLION ($1,000,000.00) DOLLARS per person and TWO MILLION ($2,000,000.00) DOLLARS per accident or occurrence and ONE MILLION ($1,000,000.00) DOLLARS for property damage. The policy shall provide that the insurer will not cancel the insurance coverage without first giving the Landlord thirty (30) days prior written notice. All such insurance will be in which event Tenant agrees a company or companies authorized to do so business in New Jersey and to repair promptly any damage caused by all such removal. (14.3) Nothing contained in this Lease policies or certificates thereof shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs delivered to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at Landlord prior to the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insuranceany work.

Appears in 1 contract

Sources: Lease (Yardville National Bancorp)

Repairs and Alterations. (14.1) Except for Landlord's obligations under paragraphs 5 and 6 hereof, Tenant shall further covenants and agrees that he will, at his own expense, during the continuation of the is Lease, keep the Premises and maintain the Leased Premises every part thereof, including all electrical, heating, cooling and plumbing systems, in as good repair as when tendered by Landlord at the inception of the tenancy and condition; keep in good running order at the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks expiration of the term yield and deliver keys to Landlord after replacement of locksup the same in like condition as when taken, trimmings, glass reasonable use and plate glass broken during wear thereof and damage by the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefromelements excepted. Tenant shall not make any alterations ofalterations, additions or improvements to or changes in the Leased Premises or equipment without the Landlord's prior written consent to the plans and specifications therefor subject to the terms of Paragraph 5 (C) above. Such plans and specifications shall be professionally prepared by Tenant and delivered to Landlord not later than fifteen (15) days following the day of Landlord's execution of the Lease. Landlord's position with respect to the same, which consent including approval shall be stated to Tenant in writing, whereupon Tenant's work shall be completed by Tenant in accordance with the plans and specifications as so approved by Landlord at Tenant in writing, whereupon Tenant's work shall be completed by Tenant in accordance with the plans and specifications as so approved by Landlord at Tenant's sole cost, using reputable contractors and materials complying at all times with the code and regulations of the governmental agencies have jurisdiction over the property. Tenant shall promptly pay for all work including labor and materials such that no lien or encumbrance shall attach. If any lien shall attach, the same shall constitute a breach of this Lease. Notwithstanding for foregoing in the event a construction lien is made against the Premises or Tenant's interest therein as a result of any work undertaken by Tenant or as a result of any alterations or repairs made by Tenant or any other act of Ten ant, Tenant shall, within seven (7) days after receiving notice of such lien, discharge such lien either by payment of the indebtedness due the lien claimant or by filing a bond (as provided by statute) as security therefor. In the event Tenant shall fail to discharge any such lien, Landlord shall have the right but not be unreasonably withheld, the obligation to procure such discharge by filing such bond in addition to Landlord's other remedies and all Tenant shall reimburse the cost of such bond to Landlord upon demand. Ass alterations, changes additions or improvements made by either of the parties hereto upon the Premises, except movable office furniture and improvements, by whomsoever madetrade fixtures put in at the expense of Tenant, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not remain upon and be removed by Tenant surrendered with the Premises at the termination of this Leasethe lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removalwithout molestation or injury. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurance.

Appears in 1 contract

Sources: Lease Agreement (Syntel Inc)

Repairs and Alterations. A. Except to the extent such obligations are imposed upon Landlord hereunder, Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises as are necessary to keep the same in good condition and repair throughout the entire Lease Term reasonable wear and tear excepted. Tenant's repair and maintenance obligations with respect to the Premises shall include, without limitation, any necessary repairs with respect to: (14.11) any carpet or other floor covering, (2) any interior partitions, (3) any doors, (4) the interior sides of any demising walls, (5) any telephone and computer cabling that serves Tenant's equipment exclusively, (6) any supplemental air conditioning units, private showers and kitchens, including any plumbing in connection therewith, and similar facilities serving Tenant exclusively, and (7) any alterations, additions or improvements performed by contractors retained by Tenant. All such work shall be performed in accordance with section X.B. below and the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance of work in the Building. If Tenant fails to make any necessary repairs to the Premises, Landlord may, at its option, make such repairs, and Tenant shall keep and maintain pay the Leased Premises cost thereof to the Landlord on demand as Additional Base Rental, together with an administrative charge in good repair and condition; keep in good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys an amount equal to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless ten percent (10%) of the manner cost of such repairs. Landlord shall, at its expense (except as included in which same may have been brokenBasic Costs), unstop keep and (a) all water fixtures that may become choked structural elements of the Building; and repair (b) all water pipes mechanical, electrical and plumbing systems that may burst. If any elevatorsserve the Building in general; and (c) the Building facilities common to all tenants including, escalatorsbut not limited to, liftsthe ceilings, machinery or appliances (herein called "equipment") are situate on walls and floors in the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Common Areas. B. Tenant shall not make or allow to be made any alterations ofalterations, additions or improvements to or changes in the Leased Premises or equipment without first obtaining the prior written consent of Landlord in each such instance. Prior to commencing any such work and as a condition to obtaining Landlord's consent, Tenant must furnish Landlord with plans and specifications reasonably acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor's and subcontractor's insurance in accordance with Article XVI section B. hereof; and payment bond or other security, all in form and amount satisfactory to Landlord. All such improvements, alterations or additions shall be constructed in a good and workmanlike manner using Building Standard materials or other new materials of equal or greater quality. Landlord, which consent to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall not be unreasonably withheld, and all have the right to designate the time when any such alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements may be performed and attached equipment to otherwise designate reasonable rules, regulations and fixtures installed procedures for the performance of work in the Building. Upon completion, Tenant shall furnish "as-built" plans, contractor's affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All improvements, alterations and additions shall comply with all insurance requirements, codes, ordinances, laws and regulations, including without limitation, the Americans with Disabilities Act. Tenant shall reimburse Landlord upon demand as Additional Base Rental for all sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electric and plumbing plans for any alterations, additions or improvements. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any alterations, additions or improvements that may affect the structure of the Building or any of the mechanical, electrical, plumbing or life safety systems of the Building. In the event Landlord elects to oversee such work, Landlord shall be entitled to receive a fee for such oversight in an amount equal to fifteen percent (15%) of the cost of such alterations, additions or improvements. Landlord's approval of Tenant's plans and specifications for any work performed for or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property behalf of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required deemed to return be a representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or regulations or that the Leased Premises alterations, additions and equipment improvements constructed in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by accordance with such plans and specifications will be adequate for Tenant's fault or negligence which is not adequately covered by insuranceuse.

Appears in 1 contract

Sources: Office Lease Agreement (RDC International Inc)

Repairs and Alterations. (14.1) Tenant shall keep agrees that it will take good care of premises, and maintain the Leased Premises in good repair and condition; keep in good running order same will not be altered or changed without the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless written consent of the manner in which same may have been broken, unstop all water fixtures that may become choked Landlord and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall agrees to indemnify and save harmless Landlord from all liens, claims or demands arising out of any liability work performed, materials furnished, or claims obligations incurred by or for damages or injuries Tenant upon said Premises during said term in the manner prescribed by Landlord. Tenant hereby waives any right to persons and property arising therefrommake repairs at Landlord's expense. Tenant shall not make changes to locks on doors or add, disturb or in any alterations of, additions to way change any plumbing or changes in the Leased Premises or equipment wiring without the prior first obtaining written consent of Landlord. All damage or injury done to Premises by Tenant or by any persons who may be in or upon Premises with the consent of Tenant shall be paid for by Tenant and Tenant shall pay for all damage to the Premises caused by Tenant's misuse of Premises or the appurtenances thereto. Tenant shall pay for the replacement of doors of windows of Premises which are marred, which consent cracked or broken by Tenant, its employees, agents, vendors or invitees, and Tenant shall not be unreasonably withheldput any curtains, and draperies or other hanging on or beside the windows in or on the outside of Premises without first obtaining Landlord's written consent. Landlord may make any alterations or improvements which Landlord may deem necessary for preservation, safety or improvement of the Premises. At the termination of this lease, all alterations, changes additions and improvements, except fixtures installed by whomsoever made, Tenant and which are removable by Tenant without damage to Premises shall be become the property of Landlord. (14.2) . Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenantshall, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so lease by the Landlordexpiration of time, in which event Tenant agrees otherwise, surrender and deliver up Premises to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed when received by Tenant from Landlord, reasonable use and wear and damage by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insuranceother casualty accepted.

Appears in 1 contract

Sources: Lease Agreement (US Alliance Corp)

Repairs and Alterations. (14.1) Tenant All repairs and alterations deemed necessary by Lessee shall be made by said Lessee at Lessee's cost and expense with the consent of Lessor; and all repairs and alterations so made shall remain as a part of the realty; all plate and other glass now in said demised premises is at the risk of said Lessee, and if broken, is to be replaced by and at the expense of said Lessee. The Lessor reserves the right to prescribe the form, size, character and location of any and all awnings affixed to and all signs which may be placed or painted upon any part of the demised premises, and the Lessee agrees not to place any awning or sign on any part of the demised premises without the written consent of the Lessor, or to bore or cut into any column, beam or any part of the demised premises without the written consent of Lessor. The Lessee and all holding under said Lessee agrees to use reasonable diligence in the care and protection of said premises during the term of this lease, to keep and maintain the Leased Premises in good repair and condition; keep in good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, watersewer drains, gas heating apparatus, elevator machinery and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner sprinkler system in which same may have been broken, unstop all water fixtures that may become choked good order and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent of Landlord, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant surrender said premises at the termination of this Lease, unless requested to do so by the Landlord, lease in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as substantially the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid received, ordinary wear and tear excepted. The Lessee shall pay according to the rules and regulations of the water department for all water used in the demised premises. The Lessee will erect fire escapes on said premises at said Lessee's own cost, according to law, should the proper authorities demand same. The Lessee agrees to keep said premises in good order and repair and free from any nuisance or filth upon or adjacent thereto, and not to use or permit the use of the same or any part thereof for any purpose forbidden by law or ordinance now in force or hereafter enacted in respect to the use or occupancy of said premises. The Lessor or legal representatives may, at all reasonable hours, enter upon said premises for the purpose of examining the condition thereof and making such repairs as Lessor may see fit to make. If the cost of insurance to said Lessor on said premises shall be increased by reason of the occupancy and use of said demised premises by said Lessee or other person under said Lessee, all such increase over the existing rate shall be paid by said Lessee to said Lessor on demand. The Lessee agrees to pay double rent for each day the lessee, or any one holding under the Lessee, shall retain the demised premises after the termination of this lease, whether by limitation or forfeiture. Damage to Tenants' Property Lessor shall not be liable to said Lessee or any other person or corporation, including employees, for any damage to their person or property caused by water, rain, snow, frost, fire, storm and accidents, or by breakage, stoppage or leakage of water, gas, heating and sewer pipes or plumbing, upon, about or adjacent to said premises. The destruction of said building or premises by fire, or the elements, or such material injury thereto as to render said premises unquestionably untenantable for 60 days, shall at the option of said Lessor or Lessee produce and work a termination of this lease. If the Lessor and Lessee cannot agree as to whether said building or premises are unquestionably untenantable for 60 days, the fact shall be determined by arbitration; the Lessor and the Lessee shall each choose an arbitrator within five days after either has notified the other in writing of such damage, the two so chosen, before entering on the discharge of their duties, shall elect a third, and the decision of any two of such arbitrators shall be conclusive and binding upon both parties hereto. If it is determined by arbitration, or agreement between the Lessor and the Lessee, that said building is not unquestionably untenantable for 60 days, then said Lessor must restore said building at Lessor's own expense, with all reasonable speed and promptness, and in such a just and proportionate part of said rental shall be abated until said premises have been restored. Failure on the part of the Lessee to pay any installment of rent or increase in insurance rate promptly as above set out, as and when the same becomes due and payable, or failure of the lessee promptly and faithfully to keep and perform each and every covenant, agreement and stipulation herein on the part of the Lessee to be kept and performed, shall at the option of the Lessor cause the forfeiture of this lease. Possession of the within demised premises and all additions and permanent improvements thereof shall be delivered to Lessor upon ten days' written notice that Lessor has exercised said option, and thereupon Lessor shall be entitled to and may take immediate possession of the demised premises, any other notice or demand being hereby waived. Any and all notices to be served by the Lessor upon the Lessee for any rach of covenant of this lease, or otherwise, shall be served upon the Lessee in person, or left with anyone in charge of the premises, or posted upon some conspicuous part of said premises. Said Lessee will quit and deliver up the possession of said premises to the Lessor or Lessor's heirs, successors, agents or assigns, when this lease terminates by limitation or forfeiture, with all window glass replaced, if broken, and with all keys, locks, bolts, plumbing fixtures, elevator, sprinkler, boiler and heating appliances in as good order and condition as the same are damaged now, or destroyed may hereafter be made by fire repair in compliance with all the covenants of this lease, save only the wear thereof from reasonable and careful use. But it is hereby understood, and Lessee hereby covenants with the Lessor, that such forfeiture, annullment or otherwisevoidance shall not relieve the Lessee from the obligation of the Lessee to make the monthly payments of rent hereinbefore reserved, unless caused by Tenant's fault at the times and in the manner aforesaid; and in case of any such default of the Lessee, the Lessor may re-let the said premises as the agent for and in the name of the Lessee at any rental readily obtainable, applying the proceeds and avails thereof, first, to the payment of such expense as the Lessor may be put to in re-entering, and then to the payment of said rent as the same may from time to time become due, and toward the fulfillment of the other covenants and agreements of the Lessee herein contained, and the balance, if any, shall be paid to the Lessee; and the Lessee hereby covenants and agrees that if the Lessor shall recover or negligence which is not adequately covered by insurancetake possession of said premises as aforesaid, and be unable to re-let and rent the same so as to realize a sum equal to the rent hereby reserved, the Lessee shall and will pay to the Lessor any and all loss of difference of rent for the residue of the term. The Lessee hereby gives to the Lessor the right to place and maintain its usual "for rent" signs upon the demised premises, in the place that the same are usually displayed on property similar to that herein demised, for the last thirty days of this lease.

Appears in 1 contract

Sources: Commercial Lease (Lmi Aerospace Inc)

Repairs and Alterations. Landlord shall maintain the structural portions of the Project including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass, columns, beams, shafts, stairs, stairwells, elevator cabs and common areas and shall also maintain and repair the basic mechanical, electrical, lifesafety, plumbing, sprinkler systems and heating, ventilating and air-conditioning systems (14.1) provided, however, that Landlord's obligation with respect to any such systems shall be to repair and maintain those portions of the systems located in the core of the Project or in other areas outside of the Premises, but Tenant shall be responsible to repair and maintain any distribution of such systems throughout the Premises). Except as expressly provided as Landlord's obligation in this Article 9, Tenant shall keep and maintain the Leased Premises in good repair condition and condition; keep in good running order repair. All damage or injury to the heating and air conditioning systemsPremises or the Project caused by the act or negligence of Tenant, electric wiringits employees, toiletsagents or visitors, water pipesguests, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during invitees or licensees or by the tenancy, regardless use of the manner in which same may have been brokenPremises shall be promptly repaired by Tenant, unstop all water fixtures that may become choked at its sole cost and repair all water pipes and plumbing that may burst. If any elevatorsexpense, escalators, lifts, machinery or appliances (herein called "equipment") are situate on to the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent satisfaction of Landlord, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, that for damage to the Project as a result of casualty, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant's receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice, and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant's request. Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to the Premises without Landlord's prior written consent, and then only by contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the work in question, to be prepared and submitted by Tenant at its sole cost and expense. Notwithstanding anything to the contrary contained herein, Landlord agrees that Tenant shall be permitted to, at Tenant's sole cost and expense and subject to the provisions of this Article 9, install a security system for the Premises, provided, however, that (i) Tenant shall obtain Landlord's prior approval of any plans and specifications for such security system; (ii) Tenant shall be responsible, at its sole cost and expense, for all repair and maintenance of such security system; and (iii) such security system shall be compatible with the Project's systems and equipment. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any work approved by Landlord. If Landlord, in approving any work, specifies a commencement date therefor, Tenant shall not commence any work prior to such date. Tenant hereby indemnifies and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Premises by or at the request of Tenant. If permitted alterations, changes, or additions are made, they shall be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by made at Tenant's fault or negligence which is not adequately covered sole cost and expense and shall be and become the property of Landlord, except that Landlord may, by insurance.written notice to Tenant given at least thirty (30) days

Appears in 1 contract

Sources: Standard Office Lease (On Village Communications Inc)

Repairs and Alterations. (14.1a) Landlord shall maintain in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, (i) the structural elements of the Building; (ii) standard mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building in general; (iii) the Common Areas; (iv) the roof of the Building; (v) the exterior windows of the Building; and (vi) the elevators serving the Building. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its directors, officers, partners, members, shareholders, representatives, agents, contractors, employees, servants, invitees, patrons, guests, visitors, licensees, subtenants, assignees, and any other party for whom Tenant is or may become liable or responsible (each and together herein referred to as "Tenant's Agents”), will be borne solely by Tenant and will be deemed Rent hereunder and must be reimbursed by Tenant to Landlord upon demand. (b) Tenant shall covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the Leased Premises same in good condition and repair, except for normal wear and tear. Tenant shall periodically inspect the Demised Premises to identify any conditions that are dangerous or in need of maintenance or repair and condition; keep shall promptly provide Landlord with notice of any such conditions. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in good running order lieu thereof to vacate the heating Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and air conditioning systemshas made no promise to alter, electric wiringremodel, toiletsimprove, water pipesrepair, waterdecorate or paint the Demised Premises or any part thereof, gas except as specifically and electric fixtures; replace all locks and deliver keys to Landlord after replacement expressly herein set forth. (c) Tenant will be responsible for stopped up drains where such stoppage is caused by the introduction from within the Demised Premises of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner foreign objects not intended for disposal in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burstsuch drains. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased PremisesLandlord repairs such drains, Tenant shall care forreimburse Landlord, maintain as additional Rent, for the costs of such repairs, together with the costs of any repairs or damage to the Demised Premises or the Building and repair sameto the property of other tenants or Landlord which results from such stoppage. (d) After the initial improvements to the Demised Premises as provided in Exhibit "E" attached hereto, and shall indemnify and save harmless Landlord from Tenant may not make, suffer or permit to be made any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations ofalterations, additions or improvements to or changes in of the Leased Demised Premises or any part thereof, or attach any fixtures or equipment thereto (collectively, "Alterations"), without the prior first obtaining Landlord's written consent of Landlordconsent, which consent may not be unreasonably withheld or delayed. However, Landlord's consent shall not be unreasonably withheld, and required for any Alteration that satisfies all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. following criteria (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurance."

Appears in 1 contract

Sources: Sublease Agreement (CS Disco, Inc.)

Repairs and Alterations. A. Except to the extent such obligations are imposed upon Landlord hereunder, Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises as are necessary to keep the same in good condition and repair throughout the entire Lease Term, reasonable wear and tear excepted. Tenant's repair and maintenance obligations with respect to the Premises shall include, without limitation, any necessary repairs with respect to: (14.11) any carpet or other floor covering, (2) any interior partitions, (3) any doors, (4) the interior side of any demising walls, (5) any telephone and computer cabling that serves Tenant's equipment exclusively, (6) any supplemental air conditioning units, private showers and kitchens, including any plumbing in connection therewith, and similar facilities serving Tenant exclusively, and (7) any alterations, additions or improvements performed by contractors retained by Tenant. All such work shall be performed in accordance with Section X.B. below and the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance of work in the Building. If Tenant fails to make any necessary repairs to the Premises, Landlord may, at its option, make such repairs, and Tenant shall pay the cost thereof to the Landlord on demand as Additional Base Rental, together with an administrative charge in an amount equal to ten percent (10%) of the cost of such repairs. Landlord shall, at its expense (except as included in Basic Costs), keep and maintain the Leased Premises in good repair and condition; keep in good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace working order (a) all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless structural elements of the manner in which same may have been brokenBuilding; and (b) all mechanical, unstop all water fixtures that may become choked and repair all water pipes electrical and plumbing systems that may burst. If any elevatorsserve the Building in general; and (c) the Building facilities common to all tenants including, escalatorsbut not limited to, liftsthe ceilings, machinery or appliances (herein called "equipment") are situate on walls and floors in the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Common Areas. B. Tenant shall not make or allow to be made any alterations ofalterations, additions or improvements to or changes in the Leased Premises or equipment without first obtaining the prior written consent of Landlord in each such instance. Prior to commencing any such work and as a condition to obtaining Landlord's consent, Tenant must furnish Landlord with plans and specifications reasonably acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor's and subcontractor's insurance in accordance with Article XVI Section B. hereof; and payment bond or other security, all in form and amount satisfactory to Landlord. All such improvements, alterations or additions shall be constructed in a good and workmanlike manner using Building Standard materials or other new materials of equal or greater quality. Landlord, which consent to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall not be unreasonably withheld, and all have the right to designate the time when any such alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements may be performed and attached equipment to otherwise designate reasonable rules, regulations and fixtures installed procedures for the performance of work in the Building. Upon completion, Tenant shall furnish "as-built" plans, contractor's affidavits and partial, or full and final waivers of lien, as applicable, in recordable form, and receipted bills covering all labor and materials. All improvements, alterations and additions shall comply with all insurance requirements, codes, ordinances, laws and regulations, including without limitation, the Americans with Disabilities Act. Tenant shall reimburse Landlord upon demand as Additional Base Rental for all sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electric and plumbing plans for any alterations, additions or improvements. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any alterations, additions or improvements that may affect the structure of the Building or any of the mechanical, electrical, plumbing or life safety systems of the Building. In the event Landlord elects to oversee such work, Landlord shall be entitled to receive a fee for such oversight in an amount equal to fifteen percent (15%) of the cost of such alterations, additions or improvements. Landlord's approval of Tenant's plans and specifications for any work performed for or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property behalf of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required deemed to return be a representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or regulations or that the Leased Premises alterations, additions and equipment improvements constructed in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by accordance with such plans and specifications will be adequate for Tenant's fault or negligence which is not adequately covered by insuranceuse.

Appears in 1 contract

Sources: Standard Form Office Lease (Ritz Interactive, Inc.)

Repairs and Alterations. (14.1) Tenant accepts the Premises "as is," and agrees that the 34th floor Premises are in a good and tenantable condition. Tenant shall keep and maintain take proper care of the Leased Premises. Tenant shall not remove existing improvements, or alter or improve the Premises in good repair any way without the written approval and condition; keep consent of Owner, which shall not be unreasonably withheld, conditioned or delayed. Owner acknowledges that Tenant desires to make substantial improvements and alterations to the Premises, in good running order particular to the heating 9th floor Premises. Any and air conditioning systemsall such improvements shall be at Tenant's sole expense, electric wiringand subject to Owner's prior approval, toiletswhich shall not be unreasonably withheld, water pipesconditioned or delayed, waterand Owner's supervision. Tenant shall obtain, gas at Tenant's sole expense, detailed plans and electric fixtures; replace all locks specifications for any alterations and deliver keys improvements to Landlord after replacement the Premises and submit the same to Owner for approval, which approval shall be not be unreasonably withheld, conditioned or delayed. Tenant shall have the right to select the contractor for the performance of locksany approved alterations and improvements, trimmingssubject to Owner's approval which shall not be unreasonably withheld, glass conditioned or delayed. In the event Tenant elects to hire Owner to make the approved alterations and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premisesimprovements, Tenant shall care forpay Owner for such work within ten (10) days of invoice. In the event Tenant elects to hire a contractor other than Owner to make the approved alterations and improvements, maintain Owner shall be paid a supervision fee equal to four percent (4%) of the contract price of such approved alterations and repair sameimprovements, and but no less than Five Hundred Dollars ($500.00), provided however that the foregoing shall indemnify and save harmless Landlord from not be interpreted to apply to any liability purchase, installation or claims for damages or injuries to persons and property arising therefromconfiguration of trade fixtures within the Premises. Tenant shall not make changes to locks on doors or add, disturb, or in any alterations of, additions to way change any plumbing or changes in wiring without first obtaining the Leased Premises or equipment without the prior written consent of LandlordOwner, which consent shall not be unreasonably withheld, and all alterationsconditioned or delayed; provided nothing contained in the foregoing is intended to apply to any wiring work done by Tenant to or between its trade fixtures. All damage or injury to the Premises caused by Tenant, changes and improvements, or by whomsoever madeany persons who may be in or upon Premises with the consent of Tenant, shall be paid for by Tenant (or, if applicable, Tenant's insurer). Subject to the property provisions of Landlord. (14.2) Article 12, Tenant agrees shall pay for all damage or injury to the Building or any other tenant of the Building caused by Tenant's negligence or misuse of the Premises, the appurtenances thereto, or the Meet-Me Room. All repairs to the Premises necessary to maintain Premises in a good and tenantable condition shall be done by or under the direction and supervision of Owner, and at Owner's expense, except as otherwise specifically provided herein. Tenant shall pay for the repair or replacement of Special Improvements as provided in Article 23 and the repair or replacement of doors or windows of the Premises which are cracked or broken by Tenant, its employees, agents, or invitees. Tenant shall not put any curtains, draperies or other hangings on or beside the windows in the Premises without first obtaining Owner's consent, which will not be unreasonably withheld, conditioned or delayed. Owner may make any alterations or improvements to the Premises and or the Building which Owner may deem necessary for the preservation, safety or improvement of the Premises or Building; provided that all Owner shall use reasonable efforts not to interfere with or interrupt the conduct of Tenant's business at the Premises. All alterations, additions and improvements and attached equipment and to the Premises, except trade fixtures installed in by Tenant which are removable without damage to the Premises or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipmentBuilding, shall immediately become the property of the Landlord and shall not be removed by Owner. Tenant shall, at the termination of this Lease, unless requested to do so Lease by the Landlordexpiration of time or otherwise, in which event Tenant agrees surrender and deliver up Premises to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, Owner in as good condition and repair as the same were in at the commencement of the original termwhen received by Tenant from Owner, normal wear and tear and damage by fire or other casualty excepted; provided. Should Owner be required to make changes, howeveralterations, improvements or additions to the Building or the Westin Building Garage at any time during the term of this Lease as a result of any law, rule, code or regulation which becomes effective after the Commencement Date of this Lease, then Tenant shall pay on demand by Owner, as additional rent, a monthly charge equal to the total agreed floor area of the Premises as stated in Article 1(b) divided by 350,000 times 1 and 1/3 percent of the cost of the change, alteration, improvement or addition. Such additional rent shall commence upon substantial completion of each such change, alteration, improvement or addition and shall continue through the end of the Lease Term. Tenant shall not be required responsible for any portion of the cost to return correct any latent construction defects in all or any portion of the Leased Premises and equipment Building, or any condition that is, as of the date of this Lease, not in as good condition as aforesaid if the same are damaged compliance with existing laws, codes, rules or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insuranceregulations.

Appears in 1 contract

Sources: Lease Agreement (Infoseek Corp /De/)

Repairs and Alterations. (14.1a) Landlord shall maintain and keep in a good condition and repair, as part of Operating Costs: (i) the structural portions of the Project including the foundation, floor/ceiling slabs, roof and curtain wall; (ii) the basic mechanical, electrical, lifesafety, plumbing, sprinkler systems and heating, ventilating and air-conditioning (“HVAC”) systems necessary for the operation of the Project and the provision of services and utilities as required herein (collectively, the “Project Systems”); and (iii) exterior glass, beams, shafts and columns, and the Common Areas, including stairs, stairwells and elevator cabs. Except as expressly provided as Landlord’s obligation in this Article 9, and subject to reasonable wear and tear, Tenant shall keep and maintain the Leased non-structural elements of the Premises in good condition and repair (other than Project Systems and conditionequipment and structural parts of the Premises), except to the extent the necessity for any such repairs or replacements results from the negligence or willful misconduct of Landlord, its employees, agents, representatives or contractors. Notwithstanding the foregoing, but subject to the terms of Article 14(d) below, all damage or injury to the Premises or the Project to the extent resulting from the negligence or willful misconduct of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises shall be promptly repaired by Tenant, at its sole cost and expense, to the reasonable satisfaction of Landlord; keep in good running order provided, however, that for any repairs that may impact the heating and structure or mechanical, electrical, plumbing, heating, ventilation or air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless systems of the manner Project, Landlord shall have the right (but not the obligation) to select the contractor (if competitively priced) and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within fifteen (15) business days from receipt of said written notice, and charge Tenant for the reasonable cost thereof, which cost shall be paid by Tenant within thirty (30) business days from invoice from Landlord. Notwithstanding the foregoing, Landlord may make any repairs pursuant to the preceding sentence prior to said 15th business day in the event the condition which necessitates such repair work constitutes a safety or health hazard to occupants of the Project or otherwise constitutes a dangerous condition (in which same event Landlord may have been brokenmake said repairs as soon as reasonably necessary given the particular circumstances). Except in the case of emergency, unstop all water fixtures that may become choked Landlord shall provide Tenant with forty-eight (48) hours prior written notice (unless such entry is approved by the on-site manager for a lesser time period or with respect to janitorial or normal periodic minor maintenance and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment"upkeep) are situate on of Landlord’s intent to enter the Leased Premises, shall use reasonable efforts to minimize any interference to Tenant, shall reasonably schedule such entries with Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries attempt to persons and property arising therefrommake all such entries during normal business hours. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise set forth in Section 9(b) below, Tenant waives all rights to make any alterations of, additions to or changes in repairs at the Leased Premises or equipment without the prior written consent expense of Landlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to the Premises (collectively, “Alterations”), (except in cases of emergency where Tenant’s conduct of the Permitted Use hereunder is adversely and materially affected, in which consent case Tenant will notify Landlord in writing at least two (2) business days prior to the commencement of any Alterations), without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed (and shall be granted or denied within fifteen (15) business days after Tenant’s request therefor is received by Landlord and Landlord has received all information reasonably requested by Landlord in connection with reviewing said request), and then only by contractors or mechanics reasonably approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question (if required), to be prepared and submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. Tenant shall construct such alterations in a good and workmanlike manner, in conformance with all applicable, federal, state, county and municipal laws, rules and regulations, pursuant to a valid building permit, and in conformance with Landlord’s reasonable, nondiscriminatory construction rules and regulations. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Premises by or at the request of Tenant in connection with any Alterations. Prior to the commencement of any alterations, changes Tenant shall provide Landlord with evidence that Tenant carries “Builder’s All Risk” insurance in an amount approved by Landlord covering the construction of such Alterations, and improvementssuch other insurance as Landlord may reasonably require, it being understood that all such Alterations shall be insured by whomsoever Tenant pursuant to Article 14 of this Lease immediately upon completion thereof. If permitted Alterations are made, they shall be made at Tenant’s sole cost and expense and shall be and become the property of Landlord. , except that Landlord may, by written notice to Tenant given concurrently with Landlord’s consent to said Alterations, or with respect to Cosmetic Alterations, within ten (14.210) business days after Tenant agrees that notifies Landlord of the same, require Tenant at Tenant’s expense to remove all additions partitions, counters, railings and improvements and attached equipment and fixtures other Alterations installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, to repair any damages to the Premises caused by such removal. Landlord shall immediately become be required to give notice along with Landlord’s consent if Landlord is electing to consider such Alteration the property of Landlord or whether the Landlord and shall not same must be removed by Tenant at upon the expiration or earlier termination of this Lease, unless requested . Any and all costs attributable to do so by or related to the Landlord, applicable building codes of the city in which event Tenant agrees to do so and to repair promptly the Project is located (or any damage caused by such removal. (14.3other authority having jurisdiction over the Project) Nothing contained in this Lease arising from Tenant’s plans, specifications, improvements, alterations or otherwise shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed paid by Tenant thereon, in as good condition at its sole cost and repair as expense. Notwithstanding the same were in at the commencement of the original term, normal wear and tear excepted; provided, howeverabove, Tenant shall have the right, without Landlord’s consent but upon ten (10) business days prior written notice to Landlord, to make non-structural additions and alterations (“Cosmetic Alterations”) to the Premises that do not (i) affect the exterior appearance of the Project, or (ii) affect the Project’s systems or the Project’s structure. With regard to repairs, Alterations or any other work arising from or related to this Article 9 which Landlord performs on Tenant’s behalf, Landlord shall be required entitled to return receive an administrative/supervision fee (the Leased “Alteration Supervisory Fee”) of four percent (4%) of the total cost of all work performed (exclusive of any architectural, design, construction consultant or engineering fees, permitting costs and any other soft costs). Notwithstanding anything to the contrary set forth in this Lease, Tenant shall be responsible for removing all cabling in the Premises and equipment in as good condition as aforesaid if installed by or on behalf of Tenant upon the same are damaged expiration or destroyed by fire or otherwise, earlier termination of this Lease unless caused by Tenant's fault or negligence which is not adequately covered by insuranceLandlord notifies Tenant of its election to retain same.

Appears in 1 contract

Sources: Standard Office Lease (Capitalsource Inc)

Repairs and Alterations. (14.1Unless caused by the negligence of the Tenant(s), Landlord shall be responsible for repairs to the interior and exterior of the premises. It is the responsibility of Tenant(s) Tenant to promptly notify Landlord of the need for any such repair of which the Tenant(s) becomes aware.Tenant(s) will be responsible for any repairs caused by his/ her negligence. Lessor shall keep and maintain put the Leased Premises in good repair and condition; keep in good running order demised premises into condition fit for their occupation by the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement com- mencement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and shall repair all water pipes and plumbing subsequent changes in condition thereof which may render them unrentable, except that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant lessee shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages all deteriorations or injuries to persons the demised premises occasioned by her, his, or their want of ordinary care or greater degree of culpability. No duty on the part of lessor shall arise with respect to repairs to rentability under this section, however, if lessee is in substantial violation of anyone or more of the following obligations: (a) To keep the demised premises clean and property arising therefromsanitary as the condition of same permits. (b) To remove from the dwelling unit all rubbish, garbage, and other waste, in a clean and sanitary manner. (c) To properly use and operate all electrical, cooking and plumbing fixtures and to keep them as clean and sanitary as their condition permits. (d) To allow any person on the premises, with permission, to willfully or wantonly destroy, deface, damage, impair, or remove any part of the structure or dwelling unit or the facilities, equipment, furnishings, or appurte- nances thereto. (e) To occupy the premises as a residential dwelling, utilizing the portions thereof for living, sleeping, cooking, or dining purposes only which were respectively designed or intended to be used for such occupancies. Tenant shall Tenant(s) will not make any alterations ofalterations, additions to or changes improvements on the premises without in each case first ob- taining the Leased Premises or equipment without the prior written consent of Landlord. A consent to a particular alteration, which consent addition or improvement shall not be unreasonably withheld, and all deemed a consent to future alterations, changes and additions or improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurance.

Appears in 1 contract

Sources: Residential Lease

Repairs and Alterations. (14.1) Tenant shall keep and maintain the Leased Premises in good repair and condition; keep in good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant Licensee shall not make any alterations ofalterations, additions or improvements to the Licensed Space, including the installation of any phone or changes in data lines (collectively referred to as “Alterations”), without first obtaining the Leased Premises or equipment without the prior written consent of LandlordLicensor in each instance, which consent Licensor may withhold in its sole and absolute discretion. For any Alteration, (a) Licensee, before commencing work, shall not be unreasonably withhelddeliver to Licensor, and obtain Licensor’s approval of, plans and specifications; (b) Licensor, in its discretion, may require Licensee to obtain security for performance satisfactory to Licensor; (c) Licensee shall deliver to Licensor “as built” drawings (in CAD format, if requested by Licensor), completion affidavits, full and final lien waivers, and all alterationsgovernmental approvals; and (d) Licensee shall pay Licensor upon demand (i) Licensor’s reasonable out-of-pocket expenses incurred in reviewing the work, changes and improvements(ii) a coordination fee equal to 5% of the cost of the work, except for the installation of any Lines (defined below). All Alterations shall become Licensor’s property upon installation and without compensation to Licensee. Notwithstanding the foregoing, unless otherwise notified by whomsoever madeLicensor, Licensee, at its expense and before the expiration or earlier termination hereof, shall be (a) remove any Alterations, (b) repair any resulting damage to the property Building, and (c) restore the affected portion of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in the Building to its condition existing before the installation of such Alterations. If Licensee fails to complete such removal, repair or on the Leased Premises restoration when required, Licensor may do so at Licensee’s expense. Licensor, directly or through a contractor designated by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipmentLicensor, shall immediately become have the property right to perform any Alterations requested by Licensee. Licensor shall be entitled to receive a market fee for the services it provides in connection with the performance of any such Alterations. Licensee shall make all payments for Alterations in a timely manner so as not to permit any mechanic’s or other liens to be placed upon the Building or Licensed Space in connection with any Alterations. Licensee shall fully discharge any such lien within 10 days after it first becomes aware of the Landlord and same. Licensee shall not be removed by Tenant at damage or deface the termination furnishings, walls, floors, ceilings or other portions of this Leasethe Licensed Space, unless requested to do so by Common Areas, or Building. Licensor shall have the Landlord, in which event Tenant agrees to do so and right to repair promptly any damage caused by Licensee at Licensee’s sole cost and expense. Licensee shall reimburse Licensor for the reasonable cost of any such removal. (14.3) Nothing contained repairs within 10 days after receipt of an invoice, together with an administrative charge in an amount equal to 5% of the cost of the repairs. All Lines installed pursuant to this Lease Agreement shall be construed (a) installed in accordance with this Section 7; and (b) clearly marked with adhesive plastic labels (or plastic tags attached to such Lines with wire) to show Licensee’s name, suite number, and the purpose of such Lines (i) every six (6) feet outside the Licensed Space (including the electrical room risers and any Common Areas), and (ii) at their termination points. Licensor may designate specific contractors for work relating to vertical Lines. Sufficient spare cables and space for additional cables shall be maintained for other occupants, as requiring Landlord to make any repairsreasonably determined by Licensor. Unless otherwise notified by Licensor, except of a structural nature. Landlord Licensee, at its expense and before the expiration or earlier termination hereof, shall maintain and make remove all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition Lines and repair as any resulting damage. As used herein, “Lines” means all communications or computer wires and cables serving the same were in Licensed Space installed by or at the commencement direction of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insuranceLicensee.

Appears in 1 contract

Sources: License Agreement (Soleno Therapeutics Inc)

Repairs and Alterations. Landlord shall maintain the structural ----------------------- portions of the Project including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass, columns, beams, shafts, stairs, stairwells, elevator cabs and common areas and shall also maintain and repair the basic mechanical, electrical, lifesafety, plumbing, sprinkler systems and heating, ventilating and air-conditioning systems (14.1) provided, however, that Landlord's obligation with respect to any such systems shall be to repair and maintain those portions of the systems located in the core of the Project or in other areas outside of the Premises, but Tenant shall be responsible to repair and maintain any distribution of such systems throughout the Premises, except the existing HVAC System in the Premises, the responsibility for repair and maintenance of which shall be as provided in Article 11 hereof). Except as expressly provided as Landlord's obligation in this Article 9, Tenant shall keep and maintain the Leased Premises in good repair condition and condition; keep in good running order repair. Subject to the heating and air conditioning systemsprovisions of Article 14 hereof, electric wiringall damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, toiletsits employees, water pipesagents or visitors, waterguests, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during invitees or licensees or by the tenancy, regardless use of the manner in which same may have been brokenPremises shall be promptly repaired by Tenant, unstop all water fixtures that may become choked at its sole cost and repair all water pipes and plumbing that may burst. If any elevatorsexpense, escalators, lifts, machinery or appliances (herein called "equipment") are situate on to the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent satisfaction of Landlord, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant's receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice, and charge Tenant for the cost thereof, which cost shall be paid by Tenant within five (5) days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant's request. Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to the Premises (collectively, "ALTERNATIONS") without Landlord's prior written consent, and then only by contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant at its sole cost and expense. Notwithstanding anything to the contrary contained herein, Tenant may make strictly cosmetic changes to the finish work in the Premises (the "COSMETIC ALTERATIONS"), without Landlord's consent, provided that the aggregate cost of any such alterations does not exceed Ten Thousand Dollars ($10,000.00) in any twelve (12) month period, and further provided that such alterations do not (i) require any structural or other substantial modifications to the Premises, (ii) require any changes to, nor adversely affect, the systems and equipment, and (iii) affect the exterior appearance of the Project. Tenant shall give Landlord at least thirty (30) days prior notice of such Cosmetic Alterations, which notice shall be accompanied by reasonably adequate evidence that such changes meet the criteria contained in this Article 9. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Premises by or at the request of Tenant in connection with any Alterations. If permitted Alterations are made, they shall be required made at Tenant's sole cost and expense and shall be and become the property of Landlord, except that Landlord may, by written notice to return Tenant given at least thirty (30) days prior to the Leased end of the Term, require Tenant at Tenant's expense to remove all partitions, counters, railings and other Alterations installed by Tenant, and to repair any damages to the Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenantsuch removal. Any and all costs attributable to or related to the applicable building codes of the city in which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenants plans, specifications, improvements, alterations or otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any other work arising from or related to this Article 9, Landlord shall be entitled to receive an administrative/supervision fee (which fee shall vary depending upon whether or not Tenant orders the work directly from Landlord) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord's fault or negligence which is not adequately covered by insuranceinvolvement with such work.

Appears in 1 contract

Sources: Standard Office Lease (Digital Insight Corp)

Repairs and Alterations. (14.1) Landlord shall maintain the structural portions of the Project including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass, columns, beams, shafts, stairs, stairwells, elevator cabs and common areas and shall also maintain and repair the basic mechanical, electrical, lifesafety, plumbing, sprinkler systems and heating, ventilating and air-conditioning systems. Except as expressly provided as Landlord's obligation in this Article 9, Tenant shall keep and maintain the Leased Premises in good repair condition and conditionrepair. All damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises shall be promptly repaired by Tenant, at its sole cost and expense, to the satisfaction of Landlord; keep in good running order provided, however, that for damage to the heating and Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless systems of the manner in Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which same may have been broken, unstop all water fixtures that may become choked are not promptly made by Tenant after Tenant's receipt of written notice and the reasonable opportunity of Tenant to make said repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances within five (herein called "equipment"5) are situate on the Leased Premises, Tenant shall care for, maintain and repair samebusiness days from receipt of said written notice, and charge Tenant for the cost thereof, which cost shall indemnify and save harmless Landlord be paid by Tenant within five (5) days from any liability or claims for damages or injuries to persons and property arising therefrominvoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant's request. Tenant waives all rights to make any alterations ofrepairs at the expense of Landlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to or changes in the Leased Premises or equipment (collectively, "Alterations") without the Landlord's prior written consent of Landlordconsent, which consent shall not be unreasonably withheld, and then only by contractors or mechanics reasonably approved by Landlord in writing and upon the reasonable approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all alterationsnecessary approvals and permits pertaining to any Alterations approved by Landlord. If Landlord, changes in approving any Alterations, specifies a commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Tenant hereby indemnifies, defends and improvementsagrees to hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Premises by whomsoever or at the request of Tenant in connection with any Alterations. If permitted Alterations are made, they shall be made at Tenant's sole cost and expense and shall be and become the property of Landlord. , except that Landlord may, by written notice to Tenant given at least thirty (14.230) days prior to the end of the Term, require Tenant agrees that at Tenant's expense to remove all additions partitions, counters, railings and improvements and attached equipment and fixtures other Alterations installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage damages to the Premises caused by such removal. . Any and all costs attributable to or related to the applicable building codes of the city in which the Project is located (14.3or any other authority having jurisdiction over the Project) Nothing contained in this Lease arising from Tenant's plans, specifications, improvements, alterations or otherwise shall be construed as requiring Landlord paid by Tenant at its sole cost and expense. With regard to make any repairs, except of a structural nature. Alterations or any other work arising from or related to this Article 9, Landlord shall maintain be entitled to receive an administrative/supervision fee (which fee shall vary depending upon whether or not Tenant orders the work directly from Landlord) sufficient to compensate Landlord for all overhead, general conditions, fees and make all necessary structural repairs other costs and expenses arising from Landlord's involvement with such work. The construction of initial improvements to the foundations, load bearing walls and roof. This does not include Premises shall be governed by the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement terms of the original term, normal wear Tenant Work Letter and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insuranceterms of this Article 9.

Appears in 1 contract

Sources: Standard Office Lease (Stanford Microdevices Inc)

Repairs and Alterations. (14.1) a. Tenant shall keep and maintain covenants that throughout the Leased Premises in Term of this Lease it will take good repair and condition; keep in good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless care of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Demised Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent of Landlord, which consent shall not be unreasonably withheld, and including all alterations, changes and improvementsimprovements at any time erected thereon, by whomsoever made, shall be the property and to keep and maintain same in good order and condition subject to normal wear and tear and damage. Except for roof and structural repairs (not required as a result of Landlord. (14.2Tenant's negligence or wilful act) Tenant agrees that shall promptly make, at its sole cost and expense, all additions repairs and improvements and attached equipment and fixtures installed in or on replacements to the Leased Premises by the TenantDemised Premises, including but not being limited toto those portions of electrical, electric wiringair-conditioning, electric fixturesheating and plumbing servicing (including HVAC on roof) the Demised Premises. Except for the work to be performed by Mortgagee as set forth on Exhibit A attached hereto (the "Mortgagee's Work"), show window reflectorsMortgagee shall deliver, screensand Tenant shall accept, screen doorsthe Demised Premises in its "as is" condition. Mortgagee shall be responsible, awningsat its sole cost and expense, awnings frames floor coveringsfor obtaining any required certificate of occupancy or continuing certificate of occupancy for the Demised Premises due to Mortgagee's Work, landscapingsubject, furnaces and air however, to the conditioning machinery and equipment, shall immediately become the property of the Landlord issuance of the certificate of occupancy or continuing certificate of occupancy on the completion of work for which Tenant is responsible. Tenant shall be responsible, at its sole cost and shall not be removed by expense, for obtaining any required certificate of occupancy or continuing certificate of occupancy for the Demised Premises required for items other than Mortgagee's Work. b. Tenant at shall, during the termination Term of this Lease, unless requested at its sole cost and expense, promptly comply with any statute, ordinance, rule, order, regulation or requirement of the federal, state and municipal governments and any and all departments, agencies, bureaus and subdivisions thereof as same shall apply to the Demised Premises and observe and promptly comply with: (i) all reasonable rules, orders and regulations of the Board of Fire Underwriters or any like agency; and (ii) the requirements of all insurance carriers issuing policies maintained by Mortgagee on the Demised Premises or on the Property. c. Tenant shall have the right during the Term of this Lease to make interior alterations and improvements to the Demised Premises subject to the following conditions: (i) any and all governmental permits and authorizations required therefor shall have been obtained by Tenant prior to the undertaking of said alterations or improvements; (ii) no structural alteration or structural improvement of the Demised Premises shall be undertaken until detailed plans and specifications have first been submitted to and approved in writing by Mortgagee which approval shall not be unreasonably withheld and which approval shall be deemed granted if Mortgagee does not respond within fifteen (15) days after Mortgagee's receipt of said plans and specifications; (iii) all alterations and improvements, when completed, shall be of such a character as shall not reduce, or otherwise adversely affect, the value of the Demised Premises, reduce the cubic content of the Demised Premises, affect the structural soundness of the Demised Premises, or change the character of the Demised Premises; (iv) all work done in connection with any alterations and improvements shall be done promptly and in a good and workmanlike manner and in compliance with all building and zoning laws, and with all laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments and the appropriate departments, commissions, boards and officers thereof, and in accordance with orders, rules and regulations of the Board of Fire Underwriters (or like agency) where the Demised Premises is situated, or any other body exercising similar functions and having jurisdiction thereover; (v) all alterations and improvements shall be completed free of liens for labor and materials supplied or claimed to have been supplied to the Demised Premises; and (iv) Tenant shall, at its sole cost and expense, maintain adequate insurance therefor, including statutory workmen's compensation insurance covering all persons employed in connection with the work and with respect to whom death or injury claims could be asserted against Mortgagee, Tenant or the Demised Premises; and general liability insurance naming Mortgagee as an additional insured, which policy shall have limits of not less than TWO MILLION ($2,000,000.00) DOLLARS per person and THREE MILLION ($3,000,000.00) DOLLARS per accident or occurrence and TWO MILLION ($2,000,000.00) DOLLARS for property damage. The policy shall provide that the insurer will not cancel the insurance coverage without first giving Mortgagee thirty (30) days' prior written notice and that the deductible thereunder shall not exceed $50,000,000. All such insurance will be in a company or companies authorized to do so by the Landlordbusiness in New Jersey, in which event Tenant agrees to do so with at least a Best's rating of "A", and to repair promptly any damage caused by all such removal. (14.3) Nothing contained in this Lease policies or certificates thereof shall be construed as requiring Landlord delivered to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs Mortgagee prior to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insuranceany work.

Appears in 1 contract

Sources: Lease (Thoratec Corp)

Repairs and Alterations. (14.1) Landlord shall maintain the structural portions of the Project including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass, columns, beams, shafts, stairs, stairwells and common areas. Except as expressly provided as Landlord's obligation in this Article 9, Tenant shall keep and maintain the Leased Premises in good repair and condition; keep in good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent of Landlord, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed systems therein in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as repair. All damage or injury to the same were in at Premises or the commencement Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the original termPremises shall be promptly repaired by Tenant, normal wear at its sole cost and tear exceptedexpense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor. Landlord may make any repairs which are not promptly made by Tenant after Tenant's receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice, and charge Tenant for the cost thereof, which cost shall be paid by Tenant, as additional rent, within five (5) days from invoice from Landlord. Tenant shall be responsible for the design and function of all improvements in the Premises, whether or not installed by Landlord at Tenant's request. Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to the Premises (collectively, "Alterations") without Landlord's prior written consent, and then only by contractors approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. Tenant shall construct such Alterations in a good and workmanlike manner, in conformance with all applicable federal, state, county and municipal laws, rules and regulations, pursuant to a valid building permit, and in conformance with Landlord's construction rules and regulations. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall not be required commence any work with respect to return such Alterations prior to such date. Notwithstanding anything to the Leased contrary contained herein, Tenant may make strictly cosmetic changes to the finish work in the Premises (the "COSMETIC ALTERATIONS") without Landlord's consent, provided that the aggregate cost of any such alterations does not exceed $25,000.00 in any twelve (12) month period, and further provided that such alterations do not (i) require any structural or other substantial modifications to the Premises, (ii) require any changes to, nor adversely affect, the systems and equipment of the Project, and (iii) affect the exterior appearance of the Project. Tenant shall give Landlord at least fifteen (15) days prior notice of such Cosmetic Alterations, which notice shall be accompanied by reasonably adequate evidence that such changes meet the criteria contained in this Article 9. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Premises by or at the request of Tenant in connection with any Alterations. Prior to the commencement of any Alterations, Tenant shall provide Landlord with evidence that Tenant carries "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as good condition Landlord may reasonably require, it being understood that all such Alterations shall be insured by Tenant pursuant to Article 14 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien free completion of such Alterations and naming Landlord as aforesaid if a co-obligee. If permitted Alterations are made, they shall be made at Tenant's sole cost and expense and shall be and become the same are damaged or destroyed property of Landlord, except that Landlord may, by fire or otherwisewritten notice to Tenant given at least thirty (30) days prior to the end of the Term, unless require Tenant at Tenant's expense to remove any Alterations installed by Tenant, and to repair any damages to the Premises caused by Tenantsuch removal. Any and all costs attributable to or related to the applicable building codes of the city in which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenants plans, specifications, improvements, alterations or otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any other work arising from or related to this Article 9, Landlord shall be entitled to receive an administrative/supervision fee (which fee shall vary depending upon whether or not Tenant orders the work directly from Landlord) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord's fault or negligence which is involvement with such work. The construction of initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not adequately covered by insurancethe terms of this Article 9.

Appears in 1 contract

Sources: Standard Multi Tenant Industrial Lease (Patriot Scientific Corp)

Repairs and Alterations. (14.1) Tenant shall keep and maintain the Leased Premises in good repair and condition; keep in good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent of Landlord, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames awning frames, floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. Excluded from this provision are any generators, cabinets, racks, fire suppressions systems, access systems and air conditioning systems and related equipment installed by Tenant. Such equipment shall remain the property of Tenant and at Tenant's option shall be removed at the termination of the Lease and if removed, Tenant shall restore the Leased Premises to its condition prior to the installation of such equipment. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. . (The 14.4) Tenant will maintain shall, on the ------ common areas as outlined in last day of the Addendum.) original or renewal term, or upon the sooner termination of this Lease, peaceably and quietly surrender the Leased Premises and equipment to Landlord, broom-clean, including all improvements, alterations, rebuildingrebuildings, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurance. (14.5) Tenant shall maintain a preventative maintenance contract on all HVAC units contained in the Leased Premises. Contract is to be maintained with a licensed and qualified HVAC Contractor. Maintenance on the HVAC is to be performed on a minimum of four (4) times per year. (14.6) Tenant shall keep the Leased Premises, including the storefront thereof, in good repair, but Tenant shall not paint or change the decorative or architectural treatment of the storefront, the interior or the exterior of the Leased Premises without Landlord's written consent. Tenant shall promptly remove upon order from the Landlord any decoration or architectural change which has been applied to or installed upon the Leased Premises without Landlord's written consent or take such other action with reference thereto as Landlord may direct. (14.7) Tenant shall not place or permit to be placed or maintained any sign, awning, advertising matter, decoration, lettering, or other item of any kind on the interior or the exterior of the Leased Premises or on the glass of any window or door of the Leased Premises without first obtaining Landlord's written approval thereof. Tenant shall promptly remove upon receipt of any order from Landlord, any sign, awning, advertising matter or other thing of any kind which has been applied to or installed upon the interior or exterior of Leased Premises without Landlord's written consent or take such other action with reference thereto as Landlord may direct.

Appears in 1 contract

Sources: Lease Agreement (Access Integrated Technologies Inc)

Repairs and Alterations. (14.1) Landlord shall maintain the structural portions of the Project including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass, columns, beams, shafts, stairs, stairwells, elevator cabs and common areas and shall also maintain and repair the basic mechanical, electrical, lifesafety, plumbing, sprinkler systems and heating, ventilating and air-conditioning systems. Except as expressly provided as Landlord's obligation in this Article 9, Tenant shall keep and maintain the Leased Premises in good repair condition and condition; keep in good running order repair. All damage or injury to the heating and air conditioning systemsPremises or the Project resulting from the act or negligence of Tenant, electric wiringits employees, toiletsagents or visitors, water pipesguests, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during invitees or licensees or by the tenancy, regardless use of the manner in which same may have been brokenPremises shall be promptly repaired by Tenant, unstop all water fixtures that may become choked at its sole cost and repair all water pipes and plumbing that may burst. If any elevatorsexpense, escalators, lifts, machinery or appliances (herein called "equipment") are situate on to the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent satisfaction of Landlord, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant's receipt of written notice and the reasonable opportunity of Tenant to make said repair within ten (10) business days from receipt of said written notice, and charge Tenant for the cost thereof, which cost shall be paid by Tenant within five (5) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant's request. Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to the Premises (collectively, "ALTERATIONS") without Landlord's prior written consent, and then only by contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations. Tenant shall construct such Alterations in a good and workmanlike manner, in conformance with all applicable federal, state, county and municipal laws, rules and regulations, pursuant to a valid building permit, and in conformance with Landlord's construction rules and regulations. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall not be required commence any work with respect to return such Alterations prior to such date. Notwithstanding anything to the Leased contrary contained herein, Tenant may make strictly cosmetic changes to the finish work in the Premises (the "COSMETIC ALTERATIONS") without Landlord's consent, provided that the aggregate cost of any such alterations does not exceed $75,000.00 in any twelve (12) month period, and further provided that such alterations do not (i) require any structural or other substantial modifications to the Premises, (ii) require any changes to, nor adversely affect, the systems and equipment of the Project, and (iii) affect the exterior appearance of the Project. Tenant shall give Landlord at least fifteen (15) days prior notice of such Cosmetic Alterations, which notice shall be accompanied by reasonably adequate evidence that such changes meet the criteria contained in this Article 9. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Premises by or at the request of Tenant in connection with any Alterations. Prior to the commencement of any Alterations, Tenant shall provide Landlord with evidence that Tenant carries "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as good condition Landlord may reasonably require, it being understood that all such Alterations shall be insured by Tenant pursuant to Article 14 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien free completion of such Alterations and naming Landlord as aforesaid if a co-obligee. If permitted Alterations are made, they shall be made at Tenant's sole cost and expense and shall be and become the same are damaged or destroyed property of Landlord, except that Landlord may, by fire or otherwisewritten notice to Tenant given at the time of Tenant's request for consent to such Alterations (provided Tenant requests that Landlord make such a determination at the time of Tenant's request for consent), unless require Tenant at Tenant's expense to remove all partitions, counters, railings and other Alterations installed by Tenant, and to repair any damages to the Premises caused by Tenantsuch removal. Any and all costs attributable to or related to the applicable building codes of the city in which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenants plans, specifications, improvements, alterations or otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any other work arising from or related to this Article 9, Landlord shall be entitled to receive an administrative/supervision fee (which fee shall vary depending upon whether or not Tenant orders the work directly from Landlord, but which fee shall not exceed five percent (5%) of the cost of such Alterations; provided that if Tenant hires a construction supervisor reasonably approved by Landlord, such supervision fee shall be waived) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord's fault or negligence which is involvement with such work. The construction of initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not adequately covered by insurancethe terms of this Article 9.

Appears in 1 contract

Sources: Standard Office Lease (Investment Technology Group Inc)

Repairs and Alterations. (14.1) Tenant shall keep and maintain the Leased Premises in good repair neat and condition; keep in good running order the heating clean condition and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; shall replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, and unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefromchoked. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent of Landlord, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames awning frames, permanent floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained Except as otherwise provided in this Lease shall be construed as requiring Landlord to make any repairssubsection 14.1 above, except of a structural nature. Landlord shall maintain and make all necessary structural repairs and replacements to the Leased Premises and the building of which the Leased Premises are a part, including, but not limited to, the foundations, load bearing walls walls, HVAC, electrical and plumbing systems, the tenant improvements made to the Leased Premises by Landlord and the roof. This does . (14.4) Tenant shall, on the last day of the term, or upon the sooner termination of this Lease, peaceably and quietly surrender the Leased Premises and equipment not include the repairing of any glass or moving parts such as passage and overhead doors. (The owned by Tenant will maintain the ------ common areas as outlined in the Addendum.) to Landlord, broom-clean, including all improvements, alterations, rebuildingrebuildings, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurance. (14.5) Tenant shall not paint or change the decorative or architectural treatment of the storefront, the interior or the exterior of the Leased Premises without Landlord's written consent which shall not be unreasonably withheld. Tenant shall promptly remove upon order from the Landlord any decoration or architectural change which has been applied to or installed upon the Leased Premises without Landlord's written consent or take such other action with reference thereto as Landlord may direct. (14.6) Tenant shall not place or permit to be placed or maintained any sign, awning, advertising matter, decoration, lettering, or other item of any kind on the interior or the exterior of the Leased Premises or on the glass of any window or door of the Leased Premises without first obtaining Landlord's written approval thereof, which consent shall not be unreasonably withheld. Tenant shall promptly remove upon receipt of any order from Landlord, any sign, awning, advertising matter or other thing of any kind which has been applied to or installed upon the interior or exterior of Leased Premises without Landlord's written consent or take such other action with reference thereto as Landlord may direct.

Appears in 1 contract

Sources: Lease Agreement (Luna Innovations Inc)

Repairs and Alterations. (14.1) Tenant shall keep and maintain the Leased Premises in good repair condition and condition; keep in good running order the heating and air conditioning systemsrepair, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims except for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent of Landlord, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by ordinary wear and tear, or caused by Landlord, its agents, representatives, employees or contractors or otherwise beyond the reasonable control of Tenant (provided, however, such removal. (14.3) Nothing contained in this Lease exclusion shall not exclude damage caused by Tenant or Tenant's employees, invitees, agents and the like). All damage or injury to the Premises or the Project caused by the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises shall be construed as requiring Landlord to make any repairspromptly repaired by Tenant, at its sole cost and expense (except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundationsextent Landlord has responsibility for same under this Lease.), load bearing walls and roof. This does not include to the repairing satisfaction of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear exceptedLandlord; provided, however, that for damage to the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant's receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice, and charge Tenant for the cost thereof, which cost shall be paid by Tenant within five (5) days from invoice from Landlord. Tenant shall be responsible for the design and function of all nonstandard improvements of the Premises, whether or not installed by Landlord at Tenant's request. Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to the Premises without Landlord's prior written consent, and then only by contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the work in question, to be prepared and submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any work approved by Landlord. If Landlord, in approving any work, specifies a reasonable commencement date therefor, Tenant shall not commence any work prior to such date. Tenant hereby indemnifies and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Premises by or at the request of Tenant. If permitted alterations, changes, or additions are made, they shall be made at Tenant's sole cost and expense and shall be and become the property of Landlord, except that Landlord may, by written notice to Tenant given at the time of approval of such work, require Tenant it Tenant's expense to remove all partitions, counters, i and the like installed by Tenant (excluding the Tenant Improvements as defined below), and to repair any damages to the Premises caused by such removal. With regard to repairs, alterations or any other work (excluding the Tenant Improvements) arising from or related to this Article 9 which Tenant requests Landlord to complete, Landlord shall be entitled to receive an administrative/supervision fee of fifteen percent (15%) of the total cost of all (i) work performed; (ii) materials, plans and drawings furnished; and (iii) all other costs and expenses related to such repairs, alterations or other work. below, Tenant shall also pay for any required metering system for such unit(s) and shall pay for any and all utility charges to operate the unit(s). Notwithstanding anything to the contrary contained in this Lease, the contractor(s) and subcontractors constructing the Tenant Improvements shall receive free on-site parking during construction of the Tenant Improvements, and Tenant shall not be required to return charged for the Leased Premises and equipment in as good condition as aforesaid if use of freight elevators, loading docks, utilities or temporary HVAC during the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insuranceconstruction of the Tenant Improvements.

Appears in 1 contract

Sources: Standard Office Lease (Broadband Sports Inc)

Repairs and Alterations. (14.1) Tenant shall keep and maintain the Leased interior of the Premises in good repair condition and condition; keep in good running order repair. All damage or injury to the heating and air conditioning systemsPremises or the Project resulting from the act or negligence of Tenant, electric wiringits employees, toiletsagents or visitors, water pipesguests, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during invitees or licensees or by the tenancy, regardless use of the manner in which same may have been brokenPremises shall be promptly repaired by Tenant, unstop all water fixtures at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may become choked impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice, and charge Tenant for the cost thereof, which cost shall be paid by Tenant within five (5) days from invoice from Landlord. Tenant shall be responsible for the design and function of all water pipes and plumbing that non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to the Premises (collectively, “Alterations”) without Landlord’s prior written consent, which consent may burstbe withheld and/or conditioned in Landlord’s reasonable discretion. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on Notwithstanding the Leased Premisesforegoing, Tenant shall care forbe permitted to make Alterations to the Premises following five (5) days written notice to Landlord, maintain but without Landlord’s prior consent, to the extent that such Alterations (i) do not adversely affect the systems and repair sameequipment of the Building, (ii) do not require a permit, (iii) do not affect the structural aspects of the Building, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom(iv) cost less than $50,000. Tenant shall not make any alterations ofconstruct such Alterations in a good and workmanlike manner, additions in conformance with all applicable federal, state, county and municipal laws, rules and regulations, pursuant to or changes in the Leased Premises or equipment without the prior written consent of Landlord, which consent shall not be unreasonably withhelda valid building permit, and in conformance with Landlord’s construction rules and regulations. Prior to the commencement of any Alterations, Tenant shall provide Landlord with evidence that Tenant carries customary “Builder’s All Risk” insurance in an amount reasonably approved by Landlord covering the construction of such Alterations, it being understood that all alterationssuch Alterations shall be insured by Tenant pursuant to Article 14 of this Lease immediately upon completion thereof. In addition, changes Landlord may, in its discretion, require Tenant to obtain a lien and improvements, by whomsoever completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien free completion of such Alterations and naming Landlord as a co-obligee. If permitted Alterations are made, they shall be made at Tenant’s sole cost and expense and shall be and become the property of Landlord. , except that Landlord may, by written notice to Tenant given at least thirty (14.230) days prior to the end of the Term, require Tenant agrees that all additions and improvements and attached equipment and fixtures at Tenant’s expense to remove any Alterations installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage damages to the Premises caused by such removal. . Any and all costs attributable to or related to the applicable building codes of the city in which the Project is located (14.3or any other authority having jurisdiction over the Project) Nothing contained arising from Tenants plans, specifications, improvements, alterations or otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any other work arising from or related to this Article 9, Landlord shall be entitled to receive an administrative/supervision fee (which fee shall vary depending upon whether or not Tenant orders the work directly from Landlord) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s involvement with such work. Notwithstanding the foregoing, however, the original improvements to the Premises as contemplated by the Tenant Work Letter shall be undertaken, completed and insured by Landlord and are not subject to the preceding provisions in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural natureArticle 9. Landlord shall maintain and make all necessary keep in good repair the structural repairs to elements, HVAC, electrical, plumbing (except in the foundationsinterior of the Premises), load bearing elevators, exterior walls and roof. This does not include windows and the repairing of any glass or moving parts such as passage public and overhead doors. (The Tenant will maintain the ------ common areas as outlined in of the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition Project and repair Premises as the same were in at the commencement of the original termmay exist from time to time, normal except for damage or wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurancethe result of negligence or willful misconduct of Tenant or Tenant’s employees, contractors or agents.

Appears in 1 contract

Sources: Standard Office Lease (Allion Healthcare Inc)

Repairs and Alterations. (14.1) a. The Landlord, after receiving written notice from the Tenant and having reasonable opportunity thereafter to obtain the necessary workmen therefore, agrees to make all necessary repairs and replacements to the Premises which are structural in nature, to maintain the exterior of the building in good order, condition and repair; provided, however, that Tenant shall keep make all structural repairs and replacements arising from its act, neglect, or default and that of its agents, servants and employees. b. In the event that the Landlord shall deem it necessary, or be required by any governmental authority to repair, alter, remove, reconstruct, or improve any part of the Premises (unless the same result from Tenants’ act, neglect, default or mode of operation, in which event Tenant shall make all such repairs, alterations, and improvements), then the same shall be made by Landlord with reasonable dispatch, and should the making of such repairs, alterations, or improvements cause any interference with Tenant's use of the Premises, such interference shall not relieve Tenant from the performance of its obligations hereunder. ▇▇▇▇▇▇▇▇ is then entitled to reimbursement from the Tenant for such repairs, alternation, or improvements. Landlord represents and warrants that as of the Effective Date, the Premises will be in compliance with all governmental laws, statutes, rules, regulations and orders. c. Except as specifically set forth in Subparagraph (a) above, Tenant, at Tenant's sole cost and expense, shall maintain the Premises, and every part thereof, in good order, condition, and repair, including, but not limited to, the interior surfaces of the ceilings (if damaged or discolored due to the fault of Tenant), walls, floors, all doors, interior glass partitions or glass surfaces, doors, door frames, the window glass, window casings, window frames, windows or any of the appliances or appurtenances of said doors or window casings, window frames and windows, plumbing pipes, electrical wiring, the HVAC system, switches, fixtures, and all other items. In the event Tenant falls to maintain the Premises in good order, condition, and repair, Landlord shall give Tenant notice to do such acts as are reasonably required to so maintain the Premises. In the event Tenant fails to promptly commence such work and diligently prosecute the same to completion, then Landlord shall have the right, but shall not be required, to do such acts and expend such funds, at the expense of Tenant, as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any damage, inconvenience, or interference with the use of the Premises by ▇▇▇▇▇▇ as a result of performing any such work. d. At the expiration of the Term, Tenant shall yield and deliver the Leased Premises in good repair like condition as when taken, reasonable use and condition; keep in good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burstwear thereof excepted. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. The Tenant shall not make any alterations ofsubstantial or major alterations, additions or improvements to or changes in the Leased said Premises or equipment without the prior Landlord's written consent of Landlordconsent, which consent shall not be unreasonably withheld. Any, and all alterations, changes and improvementsadditions or improvements made by either of the Parties hereto upon the Premises, by whomsoever madeexcept movable office furniture, trade fixtures, shelves/storage put in at the expense of the Tenant, shall be the property of the Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not remain upon, and be removed by Tenant surrendered with, the Premises at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removalwithout molestation or injury. (14.3) Nothing contained in this Lease e. Landlord and Tenant shall be construed as requiring Landlord each do all acts required to make any repairscomply with all applicable laws, except of a structural nature. Landlord shall maintain ordinances, regulations, and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing rules of any glass or moving parts such public authority relating to their respective maintenance obligations as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendumset forth herein.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurance.

Appears in 1 contract

Sources: Commercial Lease Agreement

Repairs and Alterations. (14.1) Tenant shall keep Lessee agrees by taking possession of Premises that Premises are then in a tenantable and maintain the Leased Premises in good repair condition and condition; keep in that Lessee will take good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement care of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burstPremises. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant Lessee shall not make changes to locks on doors or add, disturb or in any alterations ofway change any plumbing or wiring without first obtaining written consent of Lessor. Lessee shall make no alterations, additions or improvements to or changes in the Leased Premises or equipment without the prior written consent of Landlord, which consent shall not be unreasonably withheldLessor, and all Lessor may impose as a condition of such consent, such requirements as Lessor in its sole discretion may deem reasonable or desirable, including, without limiting the generality of the foregoing, requirements as to the manner in which, the time or times at which, and the contractor by whom such work shall be done. All such alterations, changes and improvementsadditions, by whomsoever made, or improvements shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord Lessor and shall be surrendered with Premises, as a part thereof, at the end of the term hereof, except that Lessor may, by written notice to Lessee given at least thirty (30) days prior to the end of the term, require Lessee to remove all partitions, counters, railing and the like installed by Lessee, and to repair any damages to Premises from such removal. All damage or injury done to Premises by Lessee, its employees or invitees, shall be paid for by Lessee and Lessee shall pay for all damage to the Building caused by Lessee's misuse of Premises. Lessee shall pay for the replacement of doors or windows of Premises which are cracked or broken by Lessee, its employees, agents or invitees and Lessee shall not be removed by Tenant put any curtains, draperies or other hangings on or beside the windows in Premises without first obtaining Lessor's consent. Lessor may make any alterations of improvements which Lessor may deem necessary for the preservation, safety or improvement of Premises or Building. Lessee shall, at the termination of this Leaselease by expiration of term or otherwise, unless requested surrender and deliver up Premises to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment Lessor in as good condition as aforesaid if the same are damaged or destroyed when received by Lessee from Lessor, reasonable use and wear and damage by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insuranceother casualty excepted.

Appears in 1 contract

Sources: Lease Agreement (Fine Com Corp)

Repairs and Alterations. (14.1) After receipt from Tenant shall keep and maintain the Leased Premises in good repair and condition; keep in good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless written notice of the manner in which same may have been brokenneed therefore, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent of Landlord, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever madeat its expense, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundationsfoundation, outer walls, interior load bearing walls and roofroof of the Building and the Building’s Common Areas. This Notwithstanding the foregoing, Landlord shall be released of its obligation under this Paragraph if the need for repair was caused by, or Landlord’s repair is disturbed, by: (i) the misuse, improper conduct, omission or neglect of Tenant, its subtenants, agents, servants, employees, contractors, invitees or licensees (collectively, “Tenant’s Agents”); and/or (ii) any improvements or changes in or to the Premises made by or for Tenant. Tenant, at its expense, shall keep the Premises (and any Building systems located outside the Premises and which exclusively serve the Premises) in good order and condition and shall make all repairs therein and thereto which are not required of Landlord pursuant to the immediately preceding Paragraph. Tenant shall maintain and repair the heating, air conditioning and ventilation (HVAC) serving the Demised Premises and contract with licensed HVAC repair company to perform monthly maintenance of same. Tenant shall maintain and repair plumbing, lighting and electrical systems within the Demised Premises except any change to electrical or plumbing due to the building not meeting Building Code which change is not related to work done by ▇▇▇▇▇▇. Except as expressly consented to in writing by Landlord, Tenant will make no alterations, additions or improvements in or to the Premises, provided however, Landlord shall not unreasonably withhold its consent to any alterations, additions or improvements so long as: (i) the aggregate cost thereof does not include the repairing of any glass or moving parts exceed $2,000 and (ii) such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuildingadditions or improvements do not affect the structure or exterior portion of the Building, replacementsor the electrical, changes mechanical, telecommunications, plumbing or additions placed other Building systems. All alterations, fixtures or improvements, except office furniture, other personal property and fixtures which shall be readily removable without injury to the Premises, shall be and remain a part of the Premises at the end of the Term, unless Landlord, by written notice given to Tenant thereonat least thirty (30) days before the end of the Term, elects to have all or any of the same removed, in as good condition and repair as which case Tenant shall remove the same were in at the commencement of the original term, normal wear and tear excepted; provided, howeverits expense. In all events, Tenant shall not be required to return the Leased Premises and equipment promptly repair all damage caused in as good condition as aforesaid if the same are damaged or destroyed connection with any removal provided for by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurancethis Paragraph.

Appears in 1 contract

Sources: Lease Agreement (Vapor Corp.)

Repairs and Alterations. (14.1) Tenant SECTION 1. The Lessee shall keep the demised premises in a neat, clean, sanitary condition and maintain the Leased Premises in good order and repair and condition; keep in good running order working condition, including all electrical, plumbing, gas, sprinkler, and equipment within or serving the heating and air conditioning systemsdemised premises (including without limitation the maintenance, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after repair and/or replacement of locksthe HVAC system serving the demised premises) and all fixtures and interior walls, trimmingsfloors, ceilings, signs (including exterior signs where permitted), and all interior building appliances and similar equipment and the exterior and the interior portions of all windows, window frames, doors, door frames, and all other glass or plateglass thereon. In connection therewith, and plate glass broken during without limiting Lessee's obligations hereunder, Lessee shall perform the tenancy, regardless maintenance as set forth on the HVAC maintenance schedule attached hereto as Exhibit C and made a part hereof. Subject to approval by Lessor of the manner in plans and specifications therefor (which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent of Landlord, which consent shall not be unreasonably withheldwithheld so long as Lessee complies (and Lessee hereby covenants and agrees to so comply) in all respects with Article VI, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination Section 6 of this Lease, unless requested including, without limitation, the requirements set forth in Article VI, Section 6, Subparagraphs (a), (c) and (d) of this Lease), Lessee shall have the right to do raise the roof in accordance with the plans and specifications so approved by Lessor. To the Landlordextent that Lessee raises the roof (subject to plan and specification approval by Lessor as set forth herein), then Lessee shall be responsible (at its sole cost and expense) to maintain in which event Tenant agrees to do good order and repair and in good working condition that portion of the roof so raised as well as all joints and to repair promptly any damage caused seems connecting the portion of the roof not raised with the portion of the roof raised by such removalLessee. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to SECTION 2. The Lessor shall, at its expense, promptly after receipt of written notice from the Lessee, make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing roof (except for those portions of the roof raised by Lessee (and the joints and seems connected thereto) in accordance with Article VI, Section 1 hereof), beams, girders, mullions and exterior walls of the demised premises only (exclusive of glass, window frames, windows, doors, door frames and roof. This does not include signs, which repairs shall be made by the repairing Lessee) except where such repairs are required by reason of any glass act or moving parts negligence of the Lessee, its employees, agents, licensees, suppliers, contractors, or guests ("structural repairs"). The Lessor shall commence repairs to be made by it as promptly as practicable after the receipt of such notice, provided, however, that the Lessor (without limiting Section 14 of Article XXII hereof) shall not be liable for a delay in commencement of the making of such repairs or for a delay or failure to complete such repairs where such delay or failure is attributable to strikes or other labor conditions, inability or difficulty in obtaining materials, services or permits, wars, delays due to the weather, or other cause beyond the reasonable control of the Lessor. SECTION 3. Lessor shall be responsible for the maintenance of the grass and shrubs located on the Land and shall be responsible for maintaining, repairing, lighting and removing snow from the parking areas, driveways and walkways on the Land, except where the necessity thereof is due to the willful or negligent acts of Lessee or its agents, employees, licensees, suppliers, contractors or guests. SECTION 4. All costs paid or incurred by Lessor in performing any of its obligations under this Article VI (except for structural repairs set forth in Section 2 hereof) shall be included in Lessor's costs of maintaining and repairing as passage set forth in Article III, Section 4. SECTION 5. The Lessee shall at the expiration or earlier termination of this lease remove its goods and overhead doors. (The Tenant will maintain effects and peaceably yield up the ------ common areas as outlined demised premises, clean and in the Addendum.) alterationssame order, rebuildingrepair and condition as at the Commencement Date of the term hereof, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were may be put in during the term hereof, reasonable wear and tear excepted (provided good maintenance practices are employed), except for repairs which the Lessor agrees to make as herein provided and except for damage by fire or insured casualty, and Lessee shall promptly repair any injury done to the demised premises, the Building or the Land by the installation or removal of the Lessee's fixtures or other property. SECTION 6. The Lessee shall have the right at its expense to make alterations, improvements or additions to the interior of the demised premises, provided that: (a) No such alteration, addition or improvement shall lessen the fair market value of the demised premises or the Building and any such alteration, addition or improvement shall be done in accordance with all applicable law, in a good and workmanlike manner with good quality materials and shall not impair the safety of the structure of the Building. (b) Any such alteration, addition, or improvement shall be made in accordance with plans and specifications which must have the written approval of the Lessor before any work shall be commenced, such approval, with respect to non-structural alterations, not to be unreasonably withheld. With respect to structural alterations, improvements or additions, Lessor shall have absolute discretion to withhold or grant its consent. (c) Prior to the commencement of work on any such alteration, addition, or improvement, the plans and specifications covering the same shall have been submitted to and approved by: 1. All municipal or other governmental departments or agencies having jurisdiction over the subject matter thereof, and 2. Any mortgagee having an interest in or lien upon the Building or the Land, if required by the terms of the mortgage. (d) The Lessee shall pay the increased premium, if any, for the insurance coverage of the demised premises or the Building resulting from any additional risk during the course or construction or installation of any such alteration, addition, or improvement or resulting from such alteration, addition or improvement. All additions, improvements and fixtures (other than the usual trade fixtures, furniture and equipment installed by the Lessee which may be removed from the demised premises without injury thereto) which may be made or installed by either the Lessor or the Lessee and which are attached to a floor, wall or ceiling, including any floor covering, shall remain upon the demised premises, and at the expiration or earlier termination of this lease shall be surrendered with the demised premises as a part thereof. However, the Lessor upon termination of this lease may require the Lessee at Lessee's expense to restore the demised premises to their condition at the commencement of this lease in whole or in part. Any trade fixtures, furniture and equipment owned by the original termLessee which may be removed from the demised premises without injury thereto shall remain the property of the Lessee and shall be removed by the Lessee from the demised premises without injury thereto prior to the expiration or earlier termination of this lease. In the event Lessee fails to remove said fixtures, normal wear furniture and/or equipment prior to the expiration or earlier termination they shall be deemed abandoned and tear excepted; providedmay be disposed of by Lessor in any way it sees fit, however, Tenant and Lessor shall not be required liable to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insuranceLessee for any such disposal.

Appears in 1 contract

Sources: Lease Agreement (American Science & Engineering Inc)

Repairs and Alterations. (14.1) Tenant shall keep and maintain the Leased Premises in good repair and condition; keep in good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless agrees by taking possession of the manner Premises that such Premises are then in which same may have been broken, unstop all water fixtures that may become choked a tenantable and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefromgood condition. Tenant shall will take good care of the Premises and promptly notify the Landlord in writing of any damage caused thereto by the Tenant, its employees or invitees and will not make any repairs or alterations ofwithout written permission of Landlord first had and obtained, additions to or changes in the Leased Premises or equipment without the prior written and consent of Landlord, which consent for same shall not be unreasonably withheld, and all alterations, changes and improvements, withheld by whomsoever made, Landlord. Landlord shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord under no obligation to make any repairs, alterations or improvements to or upon the Premises, or any part thereof, at any time except of a structural natureas provided in this Lease. Landlord shall at its sole cost and expense, at all times during the term hereof, repair and maintain the roof and make exterior walls (other than plate glass, store fronts and doors) and foundations of the building in which the Premises are located; provided that Tenant shall reimburse Landlord for the cost and expense of repairing any and all necessary structural repairs damage to the foundationsroof, load bearing foundation or exterior walls of the Premises resulting from the acts or omissions of Tenant, Tenant's agents, employees, customers or other invitees. Tenant shall, except for the negligent acts or omissions or Landlord, its agents, or employees, at its sole cost and roof. This does not include expense, at all times during the repairing of any glass or moving parts such as passage term hereof, keep and overhead doors. (The Tenant will maintain the ------ common areas as outlined Premises, the improvements thereof and every part thereof (including but not limited to plate glass, heating, ventilating, and air conditioning equipment, store fronts and doors) in the Addendum.) alterationsgood and sanitary order, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair and in compliance with all laws and regulations applicable thereto and shall do such reasonable period painting of the interior of the Premises as may be required and approved by Landlord. Tenant hereby waives the same were in provisions of subsection 1 of Section 1932 and Sections 1941 and 1942 of the Civil Code of California and all rights to make repairs at the commencement expenses of the original termLandlord as provided in Section 1942 of said Civil Code. Tenant covenants regularly to inspect and maintain in good order and repair all grease traps and vents, normal wear if any, and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in provide cleaning of same on a regular basis as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurancereasonably required.

Appears in 1 contract

Sources: Lease Addendum (Coast Bancorp)

Repairs and Alterations. (14.1) Tenant shall keep and maintain the Leased Premises in good repair condition and condition; keep repair. All damage or injury to the Premises or the Project caused by the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees shall be promptly repaired by Tenant, at its sole cost and expense, to the satisfaction of Landlord. After reasonable notice and opportunity to cure (except in good running order an emergency), Landlord may make any repairs which are not promptly made by Tenant and charge Tenant for the heating and air conditioning systemscost thereof, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances cost shall be paid by Tenant within five (herein called "equipment"5) are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord days from any liability or claims for damages or injuries to persons and property arising therefrominvoice from Landlord. Tenant shall be responsible for the design and function of all non-Building standard improvements of the Premises, whether or not installed by Landlord at Tenant's request. Tenant waives all rights to make any alterations of, additions to or changes in repairs at the Leased Premises or equipment without the prior written consent expense of Landlord, which consent or to deduct the cost thereof from the rent. Tenant shall not be unreasonably withheld, and all make no alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed in or to the Premises without Landlord's prior written consent, and then only by contractors or mechanics approved by Landlord and upon the approval by Landlord of fully detailed and dimensioned plans and specifications pertaining to the work in question, to be prepared and submitted by Tenant thereonat its sole cost and expense. Notwithstanding the foregoing, in as good condition and repair as Tenant may make "Nonstructural Alterations" without the same were in consent of Landlord provided Tenant shall have given Landlord at the commencement least ten (10) business days prior written notice of the original term, normal wear Nonstructural Alteration describing the Nonstructural Alteration in reasonable detail and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurance.compliance with all of the other terms and conditions of this Article 9 and Article 10, including the requirement that Tenant deliver plans and specifications for its work to Landlord concurrently with its notice to Landlord of the work. As used herein, "

Appears in 1 contract

Sources: Standard Office Lease (Pilot Network Services Inc)

Repairs and Alterations. A. Except to the extent such obligations are imposed upon Landlord hereunder, Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises as are necessary to keep the same in good condition and repair throughout the entire Lease Term, reasonable wear and tear excepted. Tenant's repair and maintenance obligations with respect to the Premises shall include, without limitation, any necessary repairs with respect to: (14.11) any carpet or other floor covering, (2) any interior partitions, (3) any doors, (4) the interior side of any demising walls, (5) any telephone and computer cabling that serves Tenant's equipment exclusively, (6) any supplemental air conditioning units, private showers and kitchens, including any plumbing in connection therewith, and similar facilities serving Tenant exclusively, and (7) any alterations, additions or improvements performed by contractors retained by Tenant. All such work shall be performed in accordance with Section 13(B) below and the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance of work in the Building. If Tenant fails to make any necessary repairs to the Premises within a reasonable time after written notice from Landlord (except in case of emergency), Landlord may, at its option, make such repairs, and Tenant shall pay the cost thereof to the Landlord on demand as Additional Base Rental, together with an administrative charge in an amount equal to ten percent (10%) of the cost of such repairs. Landlord shall, at its expense (except as included in Basic Costs), keep and maintain the Leased Premises in good repair and condition; keep in good running working order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas make all repairs to and electric fixtures; replace perform necessary maintenance (a) all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless structural elements of the manner in which same may have been brokenBuilding (including the roof and roof membrane, unstop and foundations); and (b) all water fixtures that may become choked and repair all water pipes elevator, mechanical, electrical and plumbing systems that may burst. If any elevatorsserve the Building in general; and (c) the Common Areas and Building facilities common to all tenants including, escalatorsbut not limited to, liftsthe ceilings, machinery or appliances (herein called "equipment") are situate on walls and floors in the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Common Areas. B. Tenant shall not make or allow to be made any alterations ofalterations, additions or improvements to or changes in the Leased Premises or equipment without first obtaining the prior written consent of LandlordLandlord in each such instance, which consent Landlord shall not unreasonably withhold. Landlord's consent shall be unreasonably withhelddeemed granted if Landlord does not respond to Tenant's written request for approval within ten (10) business days. Tenant shall be obligated to remove non-Building Standard items only if Landlord specifically requires such removal in writing at the time Landlord approves the improvements or alterations incorporating such items. Prior to commencing any such work and as a condition to obtaining Landlord's consent, Tenant must furnish Landlord with plans and specifications reasonably acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor's and subcontractor's insurance in accordance with Section 19(B) hereof; and payment bond or other security, all in form and amount satisfactory to Landlord. All such improvements, alterations or additions shall be constructed in a good and workmanlike manner using Building Standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any such alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements may be performed and attached equipment to otherwise designate reasonable rules, regulations and fixtures installed procedures for the performance of work in the Building. Upon completion, Tenant shall furnish "as-built" plans, contractor's affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All improvements, alterations and additions shall comply with all insurance requirements, codes, ordinances, laws and regulations, including without limitation, the Americans with Disabilities Act. Tenant shall reimburse Landlord upon demand as Additional Base Rental for all sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electric and plumbing plans for any alterations, additions or improvements. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any alterations, additions or improvements that may affect the structure of the Building or any of the mechanical, electrical, plumbing or life safety systems of the Building. In the event Landlord elects to oversee such work, Landlord shall be entitled to receive a fee for such oversight in an amount equal to the actual time reasonably spent by Landlord's engineers at a rate of $150 per hour. Landlord's approval of Tenant's plans and specifications for any work performed for or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property behalf of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required deemed to return be a representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or regulations or that the Leased Premises alterations, additions and equipment improvements constructed in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by accordance with such plans and specifications will be adequate for Tenant's fault use. Notwithstanding the foregoing, Tenant may make nonstructural alterations, additions or negligence which is not adequately covered improvements to the interior of the Premises, including wiring within the Premises, nonstructural partitioning, and painting and redecorating, without the necessity of obtaining Landlord's consent, provided in all such cases (other than cabling, painting or decoration solely within the Premises) Tenant shall give Landlord five (5) business days' prior written notice of such modifications. Any such alterations, additions or improvements shall be installed by insuranceTenant at its sole cost and in compliance with all laws, orders and regulations of any applicable governing body and Tenant at its expense shall furnish to Landlord drawings for such work to enable the Building's record drawings to be updated to reflect such changes.

Appears in 1 contract

Sources: Lease Agreement (Onyx Software Corp/Wa)

Repairs and Alterations. (14.1a) Tenant shall keep and maintain the Leased Premises in good a good, clean condition of repair and condition; keep in good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrommaintenance. Tenant shall not damage or injure the Premises. If any repairs or maintenance required to be performed by Tenant are not commenced within fifteen (15) days and completed within thirty (30) days after Landlord notifies Tenant of the need for same, Landlord may make such repairs or replacement, and Tenant shall pay the cost thereof (plus an additional charge of fifteen percent (15%) of such cost to cover overhead) to Landlord within fifteen (15) days after Tenant's receipt of a statement from Landlord. Tenant further agrees not to commit or allow any waste or damage to be committed on any portion of the Property, and at the termination of this Lease, by lapse of time or otherwise, Tenant shall deliver up the Premises to Landlord in as good condition as at the Commencement Date, ordinary wear and tear excepted. Except as may be set forth in Exhibit D, Landlord shall not be required to make any improvements or repairs of any kind or character on or to the Property, or any portion thereof, during the Lease Term. Notwithstanding the foregoing, Landlord shall make all necessary repairs to the Building components servicing or supporting, but located outside, the Premises, including without limitation the foundation, outside walls, interior load-bearing walls, roof, load-bearing beams, and other major structural components of the Building and treat such repairs as Operating Expenses (as defined in Exhibit E), unless the need for such repair arises out of (1) the performance by Tenant of any alterations ofor other work, additions to (2) any act or changes omission of Tenant or its employees, invitees or contractors or (3) the installation of any equipment, fixtures or property by Tenant in the Leased Premises or the moving of the foregoing in or out of the Premises, in which event Tenant shall be responsible to make the repairs. (b) Tenant, without the prior written consent of Landlord, shall not paint, install lighting or decorations (except wall hangings), or install any signs, window or door lettering or advertising media of any type on or about the Property, or any part thereof, or make any other alterations, improvements or physical additions in or to the Property, or any part thereof. At the termination of the Lease, at Landlord's option and subject to the Landlord's right to retain improvements desired by Landlord, Tenant shall restore any portions of the Premises altered, added to, or improved by Tenant to the original condition. Notwithstanding the Tenant's duty hereunder to remove its, any alterations, additions, or improvements, including without limitation any HVAC, power supply, or other equipment attached to the Premises, whether temporary or permanent in character, made in or upon the Property shall, at Landlord's sole discretion and option, be Landlord's property on termination of this Lease and shall remain on the Property without compensation to Tenant. All furniture and unattached, movable equipment and trade fixtures kept in the Premises by Tenant shall be removed by Tenant at the termination of this Lease. If the items are not removed, Landlord may elect that such items will become Landlord's property. If removal occurs, Tenant, at Tenant's expense, shall repair and restore to its original condition any portion of the Premises which is damaged by such removal. All such installations, removals and restorations shall be accomplished in a good workmanlike manner so as not to damage the Premises or the primary structure or structural qualities of the Building or any plumbing or electrical lines or other utility facilities. All contractors used by Tenant in performance of any alterations or other work in the Premises shall be subject to the approval of Landlord, such approval not to be unreasonably withheld provided that with respect to any structural, mechanical or electrical work (regardless of the cost thereof) Tenant will use Landlord's contractors. Landlord shall include any alternate contractors recommended by Tenant in the good faith competitive bid process for any proposed work. If the cost of the alterations or other work to be performed by Tenant as reasonably estimated by Landlord shall exceed $30,000 (i) Landlord shall have the right to approve the Tenant's architect, which approval shall not be unreasonably withheld, unless Tenant agrees to use Landlord's architect and (ii) Tenant may either use Landlord, Landlord's property manager or Landlord's outside construction manager as construction manager for the project and pay to such construction manager a fee equal to 3% of the cost of such alteration work or use its own construction manager with the prior written consent of Landlord, which consent shall not be unreasonably withheld. Notwithstanding anything herein to the contrary, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. with respect to any non-structural alteration which (14.2i) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in does not affect any Building system or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property any portion of the Building outside the Premises and (ii) does not cost more than $30,000, the consent of Landlord and shall will not be removed by Tenant at the termination of this Leaseunreasonably withheld or delayed. In addition, unless requested with respect to do so by the Landlord, in which event Tenant agrees to do so painting and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This other cosmetic work that does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined cost more than $30,000 in the Addendum.) alterationsaggregate, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant Landlord's consent shall not be required provided Landlord receives at least 10 days advance notice thereof. Promptly after Tenant completes any alteration, it will deliver to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insuranceLandlord a set of as-built drawings.

Appears in 1 contract

Sources: Office Building Lease Agreement (Aradyme Corp)

Repairs and Alterations. A. Except to the extent such obligations are imposed upon Landlord hereunder, Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises as are necessary to keep the same in good condition and repair throughout the entire Lease Term, reasonable wear and tear excepted. Tenant's repair and maintenance obligations with respect to the Premises shall include, without limitation, any necessary repairs (14.1except to the extent such repairs are necessitated by Landlord's or Landlord's agents negligent acts) with respect to: (1) any carpet or other floor covering, (2) any interior partitions, (3) any doors, (4) the interior side of any demising walls, (5) any telephone and computer cabling that serves Tenant's equipment exclusively, (6) any supplemental air conditioning units, private showers and kitchens, including any plumbing in connection therewith, and similar facilities serving Tenant exclusively, and (7) any alterations, additions or improvements performed by contractors retained by Tenant. All such work shall be performed in accordance with section X.B. below and the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance of work in the Building. If Tenant fails to make any necessary repairs to the Premises, Landlord may, at its option and with twenty (20) days prior notice to Tenant, make such repairs, and Tenant shall pay the cost thereof to the Landlord on demand as Additional Base Rental, together with an administrative charge in an amount equal to ten percent (10%) of the cost of such repairs. Landlord shall, at its expense (except as included in Basic Costs), keep and maintain the Leased Premises in good repair and condition; keep in good running working order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas make all repairs to and electric fixtures; replace perform necessary maintenance upon: (a) all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless structural elements of the manner in which same may have been brokenBuilding; and (b) all mechanical, unstop all water fixtures that may become choked and repair all water pipes electrical and plumbing systems that may burst. If any elevatorsserve the Building in general; and (c) the Building facilities common to all tenants including, escalatorsbut not limited to, liftsthe ceilings, machinery or appliances (herein called "equipment") are situate on walls and floors in the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Common Areas. B. Tenant shall not make or allow to be made any alterations ofalterations, additions or improvements to or changes in the Leased Premises or equipment without first obtaining the prior written consent of Landlord in each such instance. Notwithstanding the foregoing, Landlord, which 's consent shall not be unreasonably withheldrequired for any alteration, addition or improvement that satisfies all of the following criteria: 1) costs less than $15,000.00, 2) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting, 3) is not visible from the exterior of the Premises or Building, and 4) will not affect the systems or structure of the Building and does not require work to be performed inside the walls or above the ceiling of the Premises; provided that even if consent is not required, Tenant shall still comply with all the other provisions of this Section X.B. Prior to commencing any such work and as a condition to obtaining Landlord's consent, Tenant must furnish Landlord with plans and specifications reasonably acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor's and subcontractor's insurance in accordance with Article XVI section B. hereof; and payment bond or other security, all in form and amount satisfactory to Landlord. All such improvements, alterations or additions shall be constructed in a good and workmanlike manner using Building Standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any such alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion, Tenant shall furnish "as-built" plans, contractor's affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All improvements, alterations and additions shall comply with all insurance requirements, codes, ordinances, laws and regulations, including without limitation, the Americans with Disabilities Act. Tenant shall reimburse Landlord upon demand as Additional Base Rental for all sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electric and plumbing plans for any alterations, additions or improvements. In addition, if Landlord so requests, Landlord shall (except for the initial Landlord Work set forth in Exhibit D attached equipment hereto) be entitled to oversee the construction of any alterations, additions or improvements that may affect the structure of the Building or any of the mechanical, electrical, plumbing or life safety systems of the Building. In the event Landlord elects to oversee such work, Landlord shall be entitled to receive a fee for such oversight in an amount equal to fifteen percent (15%) of the cost of such alterations, additions or improvements. Landlord's approval of Tenant's plans and fixtures installed in specifications for any work performed for or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property behalf of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required deemed to return be a representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or regulations or that the Leased Premises alterations, additions and equipment improvements constructed in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by accordance with such plans and specifications will be adequate for Tenant's fault or negligence which is not adequately covered by insuranceuse.

Appears in 1 contract

Sources: Office Lease (First Capital Insured Real Estate Limited Partnership)

Repairs and Alterations. 9.01 Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any such conditions. Tenant shall, at its sole cost and expense, perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (14.1a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant; and (g) Alterations, Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% of the cost of the repairs. 9.02 Landlord shall keep and maintain the Leased Premises in good repair and condition; keep in good running working order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless perform maintenance upon the: (a) structural elements of the manner Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building in general; (c) Common Areas; (d) roof of the Building; (e) exterior windows of the Building; and (f) elevators serving the Building. Landlord shall promptly make repairs for which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. is responsible. 9.03 Tenant shall not make any alterations ofalterations, repairs, additions or improvements or install any Cable (collectively referred to or changes in as “Alterations”) without first obtaining the Leased Premises or equipment without the prior written consent of LandlordLandlord in each instance, which consent shall not be unreasonably withheldwithheld or delayed. However, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant ’s consent shall not be required to return for any Alteration that satisfies all of the Leased Premises following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which installing carpeting; (b) is not adequately covered visible from the exterior of the Premises or Building; (c) will not affect the Base Building; and (d) does not require work to be performed inside the walls or above the ceiling of the Premises. Cosmetic Alterations shall be subject to all the other provisions of this Section 9.03. Prior to starting work, Tenant shall furnish Landlord with plans and specifications; names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Base Building); required permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by insuranceLandlord and naming Landlord as an additional insured; and any security for performance in amounts reasonably required by Landlord. Changes to the plans and specifications must also be submitted to Landlord for its approval, which approval shall not be unreasonably withheld or delayed. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord. Tenant shall reimburse Landlord for any reasonable sums paid by Landlord for third party examination of Tenant’s plans for non-Cosmetic Alterations. In addition, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any non-Cosmetic Alterations equal to 10% of the cost of the non-Cosmetic Alterations. Upon completion, Tenant shall furnish “as-built” plans for non-Cosmetic Alterations, completion affidavits and full and final waivers of lien. Landlord’s approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Law.

Appears in 1 contract

Sources: Sublease Agreement (L-1 Identity Solutions, Inc.)

Repairs and Alterations. (14.1) Tenant shall keep agrees by taking possession of premises that premises are then in a tenantable and maintain the Leased Premises in good repair and condition; keep in that Tenant will take good running order care of premises, and the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless same will not be altered or changed without written consent of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefromLandlord. Tenant shall not make changes to locks on doors or add or in any alterations ofway change any -------------------------------------------------------------------------------- 10900 NE 8th Street, additions to (Plaza Center Buil▇▇▇▇), ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ (▇▇▇) ▇▇▇-▇▇▇▇ Email address: suites@bscinet.com ▇▇▇▇▇▇▇▇, wall covering, or changes in the Leased Premises or equipment any fixtures without the prior first obtaining written consent of Landlord. Any wall hangings should be carefully hung with small nails, first applying scotch tape to the wall so the paint will not chip when the nail is removed. Any repairs of the walls necessary because of damage caused by wall decorations installed by Tenant shall be paid for by Tenant. All damage or injury done to premises by Tenant or by any persons who may be In or upon premises with the consent of Tenant, shall be paid for by Tenant, and Tenant shall pay for all damage to the building caused by Tenant's misuse of premises or the appurtenances thereto. Tenant shall pay for the replacement of doors or windows of premises which consent are cracked, broken or damaged by Tenant, its employees, agent or Invitee and Tenant shall not be unreasonably withheldput any curtains, and all draperies, or other hangings on or beside the windows In premises without first obtaining Landlord's consent. All alterations, changes additions, and improvements, except fixtures Installed by whomsoever madeTenant and which are removable without damage to the building, shall be become the property of Landlord. (14.2) . Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenantshall, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so lease by the Landlordexpiration of time or otherwise, in which event Tenant agrees surrender and deliver up premises to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good a condition as aforesaid when received by Tenant from Landlord. Tenant agrees that if the same are damaged or destroyed by fire or otherwisethey move out prior to one year from date of this lease, unless caused by Landlord shall be entitled to add a One Hundred Dollars ($100) charge to Tenant's fault or negligence which is not adequately covered by insuranceclosing statement to cover the expense of Landlord's repainting Tenant's office.

Appears in 1 contract

Sources: Lease Agreement (Cyberecord Inc)

Repairs and Alterations. Landlord shall maintain the structural portions of the Project including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass, columns, beams, shafts, stairs, stairwells, elevator cabs and common areas and shall also maintain and repair the basic mechanical, electrical, life-safety, plumbing, sprinkler systems and heating, ventilating and air-conditioning systems (14.1) provided, however, that Landlord’s obligation with respect to any such systems shall be to repair and maintain those portions of the systems located in the core of the Project or in other areas outside of the Premises, but Tenant shall be responsible to repair and maintain any distribution of such systems throughout the Premises or which are required to be upgraded as a result of Tenant’s Alterations or improvements to the Premises). Except as expressly provided as Landlord’s obligation in this Article 9, Tenant shall keep and maintain the Leased Premises in good repair condition and condition; keep in good running order repair. Subject to the heating and air conditioning systemsprovisions of Article 14, electric wiringall damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, toiletsits employees, water pipesagents or visitors, waterguests, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during invitees or licensees or by the tenancy, regardless use of the manner in which same may have been brokenPremises shall be promptly repaired by Tenant, unstop all water fixtures that may become choked at its sole cost and repair all water pipes and plumbing that may burst. If any elevatorsexpense, escalators, lifts, machinery or appliances (herein called "equipment") are situate on to the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent satisfaction of Landlord, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within ten (10) business days from receipt of said written notice, and charge Tenant for the cost thereof, which cost shall be paid by Tenant within thirty (30) days from invoice from Landlord. Tenant shall be responsible for the design and function of all nonstandard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to the Premises (collectively, “Alterations”) without Landlord’s prior written consent, and then only by contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Premises by or at the request of Tenant in connection with any Alterations. If permitted Alterations are made, they shall be required made at Tenant’s sole cost and expense and shall be and become the property of Landlord, except that Landlord may, by written notice to return Tenant given at the Leased time the Alterations are approved, require Tenant at Tenant’s expense to remove all partitions, counters, railings and other Alterations installed by Tenant, and to repair any damages to the Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by such removal. Any and all costs attributable to or related to the applicable building codes of the city in which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenant's fault ’s plans, specifications, improvements, alterations or negligence otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any other work arising from or related to this Article 9, Landlord shall be entitled to receive an administrative/supervision fee (which is fee shall vary depending upon whether or not adequately covered Tenant orders the work directly from Landlord) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s involvement with such work. As a condition to Landlord’s approval of any Alterations, Landlord may require Tenant to execute a Tenant Work Letter in the form attached hereto as Exhibit “D.” Notwithstanding anything to the contrary contained in this Lease, (i) Landlord shall be responsible for compliance with the provisions of Title III of the ADA and all life safety codes or government regulations in effect as of the execution of this Lease for all Common Areas, including exterior and interior areas of the Project not included within the Premises or the premises of other tenants; (ii) Landlord shall be responsible for compliance with the provisions of Title III of the ADA and all life safety codes or government regulations in effect as of the execution of this Lease for any construction, renovations, alterations and repairs made within the Premises, if such construction, renovations, alterations or repairs are made by insuranceLandlord for the purpose of improving the Project generally; (iii) Tenant shall be responsible for compliance with the provisions of Title III of the ADA and all life safety codes or government regulations in effect as of the execution of this Lease for any construction, renovations, alterations and repairs made within the Premises.

Appears in 1 contract

Sources: Office Lease (Thomas Weisel Partners Group, Inc.)

Repairs and Alterations. (14.1) 8.01 Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair and shall promptly provide Landlord with notice of any such conditions. Tenant shall, at its sole cost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord's express responsibility under this Lease, and shall keep and maintain the Leased Premises in good repair condition and condition; keep repair, reasonable wear and tear excepted. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required in good running order an emergency), Landlord may make the heating repairs, and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during Tenant shall pay the tenancy, regardless reasonable cost of the manner repairs, together with an administrative charge in which same may have been brokenan amount equal to 10% of the cost of the repairs. Landlord shall perform all maintenance and repairs upon the: (a) structural elements of the Building; (b) mechanical, unstop electrical, plumbing and fire/life safety systems serving the Building in general; (c) Common Areas; (d) roof of the Building; (e) exterior windows of the Building; and (f) elevators serving the Building. Tenant hereby waives any and all water fixtures that may become choked rights under and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair samebenefits of subsection 1 of Section 1932, and shall indemnify Sections 1941 and save harmless Landlord from 1942 of the California Civil Code, or any liability similar or claims for damages successor Laws now or injuries to persons and property arising therefrom. hereinafter in effect. 8.02 Tenant shall not make any alterations ofalterations, repairs, additions or improvements or install any Cable (collectively referred to or changes in as "Alterations") without first obtaining the Leased Premises or equipment without the prior written consent of LandlordLandlord in each instance, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested . In order to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by obtain such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, howeverapprovals, Tenant shall not be furnish Landlord with plans and specifications; names of contractors acceptable to Landlord; required to return permits and approvals; evidence of contractor's and subcontractor's insurance in amounts reasonably required by Landlord and naming Landlord and the Leased Premises Landlord Related Parties as an additional insured; and equipment any security for performance in as good condition as aforesaid if the same are damaged or destroyed amounts reasonably required by fire or otherwise, unless caused Landlord. Tenant shall reimburse Landlord for any sums paid by Landlord for third party examination of Tenant's fault or negligence which is not adequately covered by insuranceplans for Alterations. In addition, Tenant shall pay Landlord a fee for Landlord's oversight and coordination of any Alterations equal to 10% of the cost of the Alterations. Upon completion, Tenant shall furnish "as-built" plans for Alterations, completion affidavits and full and final waivers of lien.

Appears in 1 contract

Sources: Office Lease Agreement (Ipex, Inc)

Repairs and Alterations. A. Except to the extent such obligations are imposed upon Landlord hereunder, Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises as are necessary to keep the same in good condition and repair throughout the entire Lease Term, reasonable wear and tear excepted. Tenant's repair and maintenance obligations with respect to the Premises shall include, without limitation, any necessary repairs with respect to: (14.11) any carpet or other floor covering, (2) any interior partitions, (3) any doors, (4) the interior side of any demising walls, (5) any telephone and computer cabling that serves Tenant's equipment exclusively, (6) any supplemental air conditioning units, private showers and kitchens, including any plumbing in connection therewith, and similar facilities serving Tenant exclusively, and (7) any alterations, additions or improvements performed by contractors retained by Tenant. All such work shall be performed in accordance with section X.B. below and the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance of work in the Building. If Tenant falls to make any necessary repairs to the Premises, Landlord may, at its option, make such repairs, and Tenant shall pay the cost thereof to the Landlord on demand as Additional Base Rental, together with an administrative charge in an amount equal to ten percent (10%) of the cost of such repairs. Landlord shall, at its expense (except as included in Basic Costs), keep and maintain the Leased Premises in good repair and condition; keep in good running working order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas make all repairs to and electric fixtures; replace perform necessary maintenance upon (a) all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless structural elements of the manner in which same may have been brokenBuilding; and (b) all mechanical, unstop all water fixtures that may become choked and repair all water pipes electrical and plumbing systems that serve the Building in general; and (c) the Building facilities common to all tenants including, but not limited to, the ceilings, walls and floors in the Common Areas. In addition, Landlord may burst. If elect, at the expense of Tenant, to repair any elevatorsdamage or injury to the Building caused by moving property of Tenant in or out of the Building, escalatorsor by installation or removal of furniture or other property, liftsor by misuse by, machinery or appliances (herein called "equipment") are situate on the Leased Premisesneglect, or improper conduct of, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from or any liability or claims for damages or injuries to persons and property arising therefrom. Tenant Related Parties (hereinafter defined.) B. Tenant shall not make or allow to be made any alterations ofalterations, additions or improvements to or changes in the Leased Premises or equipment without first obtaining the prior written consent of Landlord in each such instance. Notwithstanding the foregoing, Landlord, which 's consent shall not be unreasonably withheldrequired for any alteration, additio or improvement that satisfies all of the following criteria: 1) costs less than $10,000.00; 2) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; 3) is not visible from the exterior of the Premises or Building; and 4) will not affect the systems or structure of the Building and does not require work to be performed inside the walls or above the ceiling of the Premises; provided that even if consent is not required, Tenant shall still comply with all the other provisions of this Section X.B. Prior to commencing any such work and as a condition to obtaining Landlord's consent, Tenant must furnish Landlord with plans and specifications reasonably acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor's and subcontractor's insurance in accordance with Article XVI section B, hereof; and payment bond or other security, all in form and amount satisfactory to Landlord. All such improvements, alterations or additions shall be constructed in a good and workmanlike manner using Building Standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any such alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements may be performed and attached equipment to otherwise designate reasonable rules, regulations and fixtures installed procedures for the performance of work in the Building. Upon completion, Tenant shall furnish "as-built" plans, contractor's affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All improvements, alterations and additions shall comply with all insurance requirements, codes, ordinances, laws and regulations, including without limitation. the Americans with Disabilities Act. Tenant shall reimburse Landlord within twenty (20) days after demand as Additional Base Rental for all sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electric and plumbing plans for any alterations, additions or improvements. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any alterations, additions or improvements that may affect the structure of the Building or any of the mechanical, electrical, plumbing or life safety systems of the Building. In the event Landlord elects to oversee such work, Landlord shall be entitled to receive a fee for such oversight in an amount equal to ten percent (10%) of the cost of such alterations, additions or improvements. Landlord's approval of Tenant's plans and specifications for any work performed for or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property behalf of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required deemed to return be a representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or regulations or that the Leased Premises alterations, additions and equipment improvements constructed in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by accordance with such plans and specifications will be adequate for Tenant's fault use. Tenant shall pay, as an additional charge, the entire increase in real estate taxes on the Building which shall, at any time prior to or negligence which is not adequately covered after the Commencement Date, result from or be attributable to any alteration, addition or improvement to the Premises made by insuranceor for the account of Tenant in excess of the Building Standard improvements for the Building.

Appears in 1 contract

Sources: Office Lease (Information Management Associates Inc)

Repairs and Alterations. (14.1a) Tenant shall keep and maintain the Leased Premises in good a good, clean condition of repair and condition; keep in good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrommaintenance. Tenant shall not damage or injure the Premises. If any repairs or maintenance required to be performed by Tenant are not commenced within fifteen (15) days and completed within thirty (30) days after Landlord notifies Tenant of the need for same, Landlord may make such repairs or replacement, and Tenant shall pay the cost thereof (plus an additional charge of fifteen percent (15%) of such cost to cover overhead) to Landlord within fifteen (15) days after Tenant's receipt of a statement from Landlord. Tenant further agrees not to commit or allow any waste or damage to be committed on any portion of the Property, and at the termination of this Lease, by lapse of time or otherwise, Tenant shall deliver up the Premises to Landlord in as good condition as at the Commencement Date, ordinary wear and tear excepted. Except as may be set forth in Exhibit D, Landlord shall not be required to make any improvements or repairs of any kind or character on or to the Property, or any portion thereof, during the Lease Term. Notwithstanding the foregoing, Landlord shall make all necessary repairs to the Building components servicing or supporting, but located outside, the Premises, including without limitation the foundation, outside walls, interior load-bearing walls, roof, load-bearing beams, and other major structural components of the Building and treat such repairs as Operating Expenses (as defined in Exhibit E), unless the need for such repair arises out of (1) the performance by Tenant of any alterations ofor other work, additions to (2) any act or changes omission of Tenant or its employees, invitees or contractors or (3) the installation of any equipment, fixtures or property by Tenant in the Leased Premises or the moving of the foregoing in or out of the Premises, in which event Tenant shall be responsible to make the repairs. (b) Tenant, without the prior written consent of Landlord, shall not paint, install lighting or decorations (except wall hangings), or install any signs, window or door lettering or advertising media of any type on or about the Property, or any part thereof, or make any other alterations, improvements or physical additions in or to the Property, or any part thereof, which consent shall not be unreasonably with held by Landlord. At the termination of the Lease, at Landlord's option and subject to the Landlord’s right to retain improvements desired by Landlord, Tenant shall restore any portions of the Premises altered, added to, or improved by Tenant to the original condition. Notwithstanding the Tenant’s duty hereunder to remove its, any alterations, additions, or improvements, including without limitation any HVAC, power supply, or other equipment attached to the Premises, whether temporary or permanent in character, made in or upon the Property shall, at Landlord’s sole discretion and option, be Landlord's property on termination of this Lease and shall remain on the Property without compensation to Tenant. All furniture and unattached, movable equipment and trade fixtures kept in the Premises by Tenant shall be removed by Tenant at the termination of this Lease. If the items are not removed, Landlord may elect that such items will become Landlord's property. If removal occurs, Tenant, at Tenant's expense, shall repair and restore to its original condition any portion of the Premises which is damaged by such removal. All such installations, removals and restorations shall be accomplished in a good workmanlike manner so as not to damage the Premises or the primary structure or structural qualities of the Building or any plumbing or electrical lines or other utility facilities. All contractors used by Tenant in performance of any alterations or other work in the Premises shall be subject to the approval of Landlord, such approval not to be unreasonably withheld provided that with respect to any structural, mechanical or electrical work (regardless of the cost thereof) Tenant will use Landlord's contractors. If the cost of the alterations or other work to be performed by Tenant as reasonably estimated by Landlord shall exceed $30,000 (i) Landlord shall have the right to approve the Tenant’s architect, which approval shall not be unreasonably withheld, unless Tenant agrees to use Landlord's architect and (ii) Tenant may either use Landlord, Landlord's property manager or Landlord's outside construction manager as construction manager for the project and pay to such construction manager a fee equal to 3% of the cost of such alteration work or use its own construction manager with the prior written consent of Landlord, which consent shall not be unreasonably withheld. Notwithstanding anything herein to the contrary, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. with respect to any non-structural alteration which (14.2i) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in does not affect any Building system or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property any portion of the Building outside the Premises and (ii) does not cost more than $30,000, the consent of Landlord and shall will not be removed by Tenant at the termination of this Leaseunreasonably withheld or delayed. In addition, unless requested with respect to do so by the Landlord, in which event Tenant agrees to do so painting and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This other cosmetic work that does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined cost more than $30,000 in the Addendum.) alterationsaggregate, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant Landlord's consent shall not be required provided Landlord receives at least 10 days advance notice thereof. Promptly after Tenant completes any alteration; it will deliver to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insuranceLandlord a set of as-built drawings.

Appears in 1 contract

Sources: Office Building Lease Agreement (Imergent Inc)

Repairs and Alterations. (14.1) Tenant shall keep and maintain the Leased Premises in good repair and condition; keep in good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent of Landlord, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Section 4.1 Landlord shall maintain and make all necessary repairs and replacements to the foundation, floor, exterior walls, marquees, structural columns and structural beams, roof, driveways and parking areas of the building and the premises. Landlord shall maintain all landscaping. Tenant shall make all necessary repairs to the foundationsheating, load bearing walls air conditioning, electrical, plumbing and roofdrainage systems (collectively "Systems"). This does not include Landlord shall pay for the repairing replacement in whole or in part of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, systems necessitated by normal wear and tear excepted; providedexcept that if any repair or replacement is the result of the Tenant's negligence, howevermisuse or conditions caused by any manufacturing process or related activity performed by Tenant, same shall be paid for by the Tenant. Section 4.2 Tenant may make any interior, nonstructural installations, alterations, additions, or improvements to or within the demised premises. No changes or alterations may be made without the consent of the Landlord, which consent not to be unreasonably withheld. Said Tenant improvements shall be made in a first class manner. All such Tenant improvements made to or within the demised premises (except, movable trade fixtures and all equipment of any kind and nature used in tenant's operations, installed in the premises prior to or during the term of this lease at the cost of Tenant or any other person claiming under Tenant), upon expiration or other termination of the term of this lease shall be surrendered with the premises as a part thereof without disturbance, molestation or injury. Said movable trade fixtures shall not be deemed part of the premises and may be removed by Tenant at any time or times during the term of this lease, provided that upon any such removal, Tenant shall restore the premises to their condition prior to such installation. Section 4.3 Tenant will procure all necessary permits before making any repairs, removals or Tenant improvements. Landlord will cooperate with Tenant in obtaining such permits. All repairs, removals and Tenant improvements done by Tenant or anyone claiming under Tenant, shall be done in good and workmanlike manner and shall be done in conformity with all laws, ordinances and regulations of all public authorities and all insurance inspection or rating bureaus having jurisdiction; and the structure of the premises will not be endangered or impaired and Tenant will repair any and all damage caused by or resulting from any such repairs, removals or Tenant improvements, including, but without limitation, the filling of holes. Tenant agrees to pay, promptly when due, all charges for labor and materials in connection with any work done by Tenant upon the premises so that the premises shall at all times be free of liens. Tenant agrees to save Landlord harmless from and indemnify Landlord against any and all claims for injury, loss or damage to persons or property caused by or resulting from the doing of any such work, and Tenant shall carry all necessary builder's risk, liability and worker's compensation insurance required to return be carried during the Leased Premises course of any construction hereunder. Section 4.4 No sign shall be placed on the exterior of the demised premises without the express consent of the Landlord, and equipment further, such sign shall conform to all applicable rules and regulations issued by the Town of Wallingford. It is agreed by the parties that an exterior sign on all of the premises owned by the Landlord shall be substantially similar in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwiseshape, unless caused by Tenant's fault or negligence which is not adequately covered by insurancesize, color and content.

Appears in 1 contract

Sources: Lease Agreement (Euniverse Inc)

Repairs and Alterations. (14.1) Tenant agrees that it will pay for the cost of all repairs to the Leased Premises not required to be made by Landlord and be responsible for all redecorating, remodeling, alteration and painting required by it during the term of this Lease. Tenant shall keep and pay for any repairs to the Leased Premises or the Building made necessary by any negligence or carelessness of Tenant, it's employees or invitees. Tenant agrees to maintain the Leased Premises in good repair a clean, neat and sanitary condition; keep in good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not may place partitions and fixtures and make any improvements and other alterations of, additions to or changes in the interior of the Leased Premises or equipment without at Tenant's expense, provided, however, that prior to commencing any such work Tenant shall first obtain the prior written consent of Landlord to do the proposed work. Landlord may require that said work be done by Landlord, which consent shall not be unreasonably withheld's own employees or under Landlord's direction but at the expense of Tenant, and all alterationsLandlord may, changes and improvementsas a condition to consenting to such work, by whomsoever made, shall be the property of Landlord. (14.2) require that Tenant agrees give security that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises will be completed free and clear of liens and in a manner satisfactory to Landlord. Notwithstanding the foregoing, any such improvements or alterations by Tenant shall conform to and be in substantial accordance in quality and appearance with the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces quality and air conditioning machinery and equipment, appearance of the improvements in the remainder of the Building. Any such improvements shall immediately become the property of the Landlord upon expiration of this Lease. Tenant shall remove any movable furniture and shall not be removed by Tenant at the equipment upon termination of this Lease, unless requested Lease and shall deliver the Leased Premises to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original termreceived, broom clean, normal wear and tear excepted; provided, however. In the event Tenant receives consent of the Landlord and uses Tenant's own contractor for any such improvements then Tenant must provide Landlord with contractor's evidence of workmen's compensation and liability insurance in amounts sufficient to Landlord and have acquired the necessary building permits prior to commencing any such construction. All such improvements are to be the property of Landlord and upon termination of this Lease, Tenant shall not be required to return remove their exterior signs and restore the areas of the building affected by the exterior signs, and deliver the Leased Premises and equipment to Landlord in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwiseand repair, unless caused by Tenant's fault or negligence which is not adequately covered by insurancebroom clean, normal wear and tear excepted.

Appears in 1 contract

Sources: Lease (Improvenet Inc)

Repairs and Alterations. Landlord shall maintain the structural portions of the Project including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass, columns, beams, shafts, stairs, stairwells, elevator cabs and common areas and shall also maintain and repair the basic mechanical, electrical, lifesafety, plumbing, sprinkler systems and heating, ventilating and air-conditioning systems (14.1) provided, however, that Landlord's obligation with respect to any such systems, after delivery to Tenant of such systems in good operating condition, shall be to repair and maintain those portions of the systems located in the core of the Project or in other areas outside of the Premises, but Tenant shall be responsible to repair and maintain any distribution of such systems throughout the Premises). Except as expressly provided as Landlord's obligation in this Article 9, Tenant shall keep and maintain the Leased Premises in good repair condition and condition; keep in good running order repair. All damage or injury to the heating and air conditioning systemsPremises or the Project caused by the willful act or negligence of Tenant, electric wiringits employees, toiletsagents or visitors, water pipesguests, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during invitees or licensees or by the tenancy, regardless use of the manner in Premises shall be promptly repaired by Tenant, at its sole cost and expense, to the reasonable satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which same may have been broken, unstop all water fixtures that may become choked are not promptly made by Tenant after Tenant's receipt of written notice and the reasonable opportunity of Tenant to make said repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances within five (herein called "equipment"5) are situate on the Leased Premises, Tenant shall care for, maintain and repair samebusiness days from receipt of said written notice, and charge Tenant for the cost thereof, which cost shall indemnify and save harmless Landlord be paid by Tenant within five (5) days from any liability or claims for damages or injuries to persons and property arising therefrominvoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant's request. Tenant waives all rights to make any alterations ofrepairs at the expense of Landlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to or changes in the Leased Premises or equipment without the Landlord's prior written consent of Landlordconsent, which consent shall not be unreasonably withheldwithheld by Landlord, and then only by contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the work in question, to be prepared and submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any work approved by Landlord. If Landlord, in approving any work, specifies a commencement date therefor, Tenant shall not commence any work prior to such date. Tenant hereby indemnifies and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Premises by or at the request of Tenant. If permitted alterations, changes and improvementschanges, by whomsoever or additions are made, they shall be made at Tenant's sole cost and expense and shall be and become the property of Landlord. (14.2) , except that Landlord may, by notice to Tenant agrees that given concurrently with Landlord's consent to any alterations, changes, or additions, require Tenant at Tenant's expense to remove all additions partitions, counters, railings and improvements and attached equipment and fixtures the like installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage damages to the Premises caused by such removal. . Any and all costs attributable to or related to the applicable building codes of the city in which the Project is located (14.3or any other authority having jurisdiction over the Project) Nothing arising from Tenants plans, specifications, improvements, alterations or otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, alterations or any other work arising from or related to this Article 9, Landlord shall be entitled to receive an administrative/supervision fee (which fee shall vary depending upon whether or not Tenant orders the work directly from Landlord but in no event will exceed five percent (5%)) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord's involvement with such work. The construction of initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not the terms of this Article 9. Notwithstanding anything to the contrary contained herein, Tenant may make strictly cosmetic changes to the finish work in the Premises ("Cosmetic Alterations") without Landlord's consent, provided that the aggregate cost of any such changes does not exceed $20,000.00 in any twelve (12) month period, and such changes do not require any structural or other substantial modifications to the Premises, do not require any changes to, or adversely affect, the Project systems and equipment, and do not affect the exterior appearance of the Project. Tenant shall give Landlord at least thirty (30) days prior notice of such Cosmetic Alterations, which notice shall be accompanied by reasonably adequate evidence that such changes meet the criteria contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendumimmediately preceding sentence.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurance.

Appears in 1 contract

Sources: Standard Office Lease (Sound Source Interactive Inc /De/)

Repairs and Alterations. a. The Tenant covenants that throughout the term of this Lease in good care of the Demised premises, including all alterations, changes and improvements at any time erected thereon, and to keep and maintain same in good order and condition, and shall promptly make, at its sole cost and expense, all repairs and replacements to all non-structural elements and the interior of the Demised Premises, including but not limited to windows, window frames, doors, locks, closing devices, floors, floor coverings, walls (14.1) other than structural defects), ceilings, fighting fixtures and bulbs. Tenant shall also keep and maintain in good order and condition, and shall promptly make, at its sole cost and expense, all repairs and replacements to all electrical, air conditioning, heating, plumbing and other mechanical installations. Tenant shall also, at its sole cost and expense, maintain and repair exterior signs affixed to the Demised Premises or elsewhere and Tenant shall replace any glass windows in the Demised Premises, if damaged or broken. Tenant shall keep and maintain the Leased Demised Premises in good clean and orderly, free and clear of accumulations of dirt and debris. Landlord shall be responsible throughout the term of this Lease for maintaining and repairing the roof, exterior and all structural elements of the Demised Premises and the parking lot. Landlord's obligation to repair and condition; keep in good running order maintain the heating roof, exterior and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless structural elements of the manner in which same may have been brokenDemised Premises and the parking lot shall exclude any damage done thereto by Tenant or any of its employees, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevatorsguests, escalators, lifts, machinery invitee or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefromcontractors. Tenant shall not make be entitled to any alterations of, additions to set-off or changes abatement in Base Rent or Additional Rent in the Leased event that its use or occupancy of the Demised Premises is temporarily disturbed or equipment without the prior written consent diminished as a result of Landlordrepair or maintenance work of Landlord or its agents, which consent workers or contractors. Landlord shall not be unreasonably withheldendeavor to minimize any such interference with Tenant's use or occupancy while performing work to such extent as reasonably practical. If such disturbance or diminishment continues continuously after 60 days' notice from Tenant, and all alterations, changes and improvements, by whomsoever made, Tenant shall be the property of entitled to terminate this Lease on notice to Landlord. b. Tenant shall, during the term of this Lease, at its sole cost and expense,promptly comply with and make any repair required by any statute, ordinance, rule, order, regulation or requirement of the Federal, State and Municipal Government and any and all departments, agencies, bureaus and subdivisions thereof having jurisdiction there over, for the correction, prevention and abatement of nuisances, violations or other grievances in, upon or connected with the Demised Premises. Tenant agrees to observe and promptly comply with (14.2i) all rules, orders and regulations of the Board of Fire Underwriters- and (ii) the requirements of all insurance policies maintained by or for the benefit of the Landlord on the Demised premises. c. Tenant shall have tile right during the term of this Lease to make interior alterations and interior improvements ("Alterations")to the Demised Premises Subject to the following conditions: (i) Tenant agrees that shall first obtain all additions governmental permits and improvements approvals, if any, required therefor; (ii) no Alteration of or involving the structural portions of the building shall be undertaken until detailed plans and attached equipment specifications have first been approved in writing by tile Landlord; (iii) all Alterations when completed shall be of such a character as shall not reduce, or otherwise adversely affect, the value, cubic content or structural soundness of the Demised Premises and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of tile Landlord, (iv) all Alterations shall be done promptly and in a good and workmanlike manner and in compliance with all governmental laws, ordinances, orders, rules, regulations and requirements, and in accordance with the orders, rules and regulations of the Board of Fire Underwriters or any other body exercising similar functions and having jurisdiction thereof, (v) Tenant shall, prior to performing any, work provide Landlord with evidence that Tenant and shall not be removed by each of its contractors and subcontractors have (and will continue to have), at their sole cost and expense, adequate insurance therefor, including statutory worker's compensation insurance (or certificates for contractors indicating worker's compensation insurance is in force) covering all persons employed in connection with the work, builder's risk insurance (including completed operations) and general liability insurance for the mutual benefit of the Tenant at the termination of this Lease, unless requested to do so by and the Landlord, with limits reasonably acceptable to Landlord, at all times when any work is in which event process in connection with any Alteration; (vi) Tenant agrees to do so shall pay all increased taxes and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed insurance premiums assessed or charged as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement result of the original term, normal wear and tear excepted; provided, however, Alterations. The Tenant shall not be required permitted to return do any work on the Leased Demised Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenantwhich would void any portion of any insurance coverage for Landlord's fault or negligence which is not adequately covered by insurancebenefit.

Appears in 1 contract

Sources: Lease Agreement (Scantek Medical Inc)

Repairs and Alterations. (14.1) Tenant Mortgagor shall keep and maintain the Leased Premises Property in good condition and repair and condition; keep in good running order fully protected from the heating and air conditioning systemselements to the satisfaction of Bank. Mortgagor will not remove, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless demolish or structurally alter any of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery buildings or appliances (herein called "equipment") are situate other improvements on the Leased PremisesProperty (except such alterations as may be required by laws, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability ordinances or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment regulations) without the prior written consent of LandlordBank. Mortgagor shall promptly notify Bank in writing of any material loss, which consent damage or adverse condition affecting the Property. Eminent Domain. Should the Property or any interest therein be taken or damaged by reason of any public use or improvement or condemnation proceeding (“Condemnation”), or should Mortgagor receive any notice or other information regarding such Condemnation, Mortgagor shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, give prompt written notice thereof to Bank. Bank shall be the property of Landlord. (14.2) Tenant agrees that entitled to all additions compensation, awards and improvements other payments or relief granted in connection with such Condemnation and, at its option, may commence, appear in and attached equipment and fixtures installed prosecute in its own name any action or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease proceedings relating thereto. Bank shall be construed as requiring Landlord entitled to make any repairscompromise or settlement in connection with such taking or damage. All compensation, awards, and damages awarded to Mortgagor related to any Condemnation (the “Proceeds”) are hereby assigned to Bank and Mortgagor agrees to execute such further assignments of the Proceeds as Bank may require. Bank shall have the option of applying or paying the Proceeds in the same manner as insurance proceeds as provided herein. Mortgagor appoints Bank as its attorney-in-fact to receive and endorse the Proceeds to Bank, which appointment is coupled with an interest and shall be irrevocable as long as any Obligations remain unsatisfied, but shall only be exercised by Bank after a Default has occurred and is continuing hereunder. Environmental Condition of Property and Indemnity. Mortgagor warrants and represents to Bank, except as reported by Mortgagor to Bank in writing or as disclosed in environmental reports delivered to Bank, that: (i) Mortgagor has inspected and is familiar with the environmental condition of a structural nature. Landlord the Property; (ii) the Property and Mortgagor, and any occupants of the Property, are in compliance with and shall maintain continue to be in compliance with all applicable federal, state and make all necessary structural repairs local laws and regulations intended to protect the foundations, load bearing walls environment and roof. This does not include the repairing of any glass or moving parts such as passage public health and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair safety as the same were may be amended from time to time (“Environmental Laws”); (iii) the Property is not and has never been used to generate, handle, treat, store or dispose of, in at any quantity, oil, petroleum products, hazardous or toxic substances, hazardous waste, regulated substances or hazardous air pollutants (“Hazardous Materials”) in violation of any Environmental Laws; (iv) no Hazardous Materials (including asbestos, mold or lead paint in any form) are located on or under the commencement Property or emanate from the Property; (v) there are no unregistered underground storage tanks on the Property that are subject to any underground storage tank registration laws or regulations; (vi) no notice has been received with regard to any Hazardous Material on the Property; (vii) no action, investigation or proceeding is pending or to Mortgagor’s knowledge threatened which seeks to enforce any right or remedy against Mortgagor or the Property under any Environmental Law; and (viii) all licenses, permits and other governmental or regulatory actions necessary for the Property to comply with Environmental Laws shall be obtained and maintained and Mortgagor shall assure compliance therewith. Further, Mortgagor represents to Bank that no portion of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required Property is a protected wetland except as otherwise shown on the survey delivered to return Bank in connection with the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurance.Loan. Mortgagor

Appears in 1 contract

Sources: Building Loan Mortgage, Assignment of Rents and Security Agreement (Wellsford Real Properties Inc)

Repairs and Alterations. (14.1) Tenant shall 9.1 Landlord agrees, at its sole cost and expense, to keep and maintain in good order, condition and repair throughout the Term the Building, the Building Renovations, the HVAC system and all structural components of the Building, including without limitation the roof, foundation, underground or below-the-foundation sewer and utility pipes, lines, mains and conduits, exterior walls, gutters, water spouts, load-bearing walls and other structural components of the Building, the Leased Premises in good repair and condition; keep in good running order all Common Areas (whether located within the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless Building or on other parts of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent of Landlord, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear exceptedLand); provided, however, any repairs under this Section 9.1 to the extent directly caused by the gross negligence or willful misconduct of Tenant, its agents, employees, invitees, licensees or contractors shall be at Tenant's sole cost and expense. Upon written notice from Tenant shall not be required that any repair encompassed by this Section 9.1 to return the Leased Premises is necessary, Landlord shall promptly respond and equipment effect such requested repair. 9.2 Subject to (i) Landlord's obligations to keep and maintain in as good order, condition as aforesaid if and repair the same are damaged or destroyed by fire or otherwiseBuilding, unless caused by Tenantthe Building Renovations, HVAC system and structural components of the Building, Leased Premises and Common Areas under Section 9.1 above, and (ii) Landlord's fault or negligence which is not adequately covered by insuranceobligation to complete the Building Renovations pursuant to the terms of the Contract, Tenant agrees, at its sole cost and expense, to keep and maintain in good order, condition and repair throughout the Term the interior of Leased Premises, including without limitation interior and exterior doors, door checks, sprinklers, lighting facilities, electrical facilities, interior walls and interior surfaces of exterior walls, ceilings, floor, floor coverings, windows and all plumbing and sewage facilities within the Leased Premises. Tenant shall be allowed to make reasonable alterations to the Leased Premises upon prior notice to Landlord.

Appears in 1 contract

Sources: Premises Lease Agreement

Repairs and Alterations. (14.1) 10.01 Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair and shall promptly provide Landlord with notice of any such conditions. Tenant shall, at its sole cost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and shall keep and maintain the Leased Premises in good repair condition and condition; keep repair, reasonable wear and tear excepted. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in good running order an emergency), Landlord may make the heating repairs, and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during Tenant shall pay the tenancy, regardless reasonable cost of the manner repairs, together with an administrative charge in which same may have been brokenan amount equal to ten percent (10%) of the cost of the repairs. Landlord shall perform all maintenance and repairs upon the: (a) structural elements of the Building; (b) mechanical, unstop electrical, plumbing, HVAC and fire/life safety systems serving the Building in general; (c) Common Areas; (d) roof of the Building; (e) exterior windows of the Building; and (f) elevators serving the Building. Tenant hereby waives any and all water fixtures that may become choked rights under and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair samebenefits of subsection 1 of Section 1932, and shall indemnify Sections 1941 and save harmless Landlord from 1942 of the California Civil Code, or any liability similar or claims for damages successor Laws now or injuries to persons and property arising therefrom. hereinafter in effect 10.02 Tenant shall not make any alterations ofalterations, repairs, additions or improvements or install any cable (collectively referred to or changes in as “Alterations”) without first obtaining the Leased Premises or equipment without the prior written consent of LandlordLandlord in each instance, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested . In order to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by obtain such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, howeverapprovals, Tenant shall not be furnish Landlord with plans and specifications; names of contractors acceptable to Landlord; required permits and approvals; evidence of contractor’s and subcontractors insurance in amounts reasonably required by Landlord and naming Landlord as an additional insured; and any security for performance in amounts reasonably required by Landlord. Tenant shall reimburse Landlord for any sums paid by Landlord for third party examination of Tenant’s plans for Alterations. In addition, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any Alterations equal to return ten percent (10%) of the Leased Premises cost of the Alterations. Upon completion, Tenant shall furnish “as-built” plans for Alterations, completion affidavits and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurancefull and final waivers of lien.

Appears in 1 contract

Sources: Office Lease Agreement (Fusion-Io, Inc.)

Repairs and Alterations. 9.01 Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any such conditions. Tenant shall, at its sole cost and expense, perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (14.1a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant; and (g) Alterations. In addition and notwithstanding anything to the contrary contain in Section IX.B below, if Tenant is the Sole Tenant of the Building (as defined in Section 7.01(1)), Tenant’s repair obligations shall also include, without limitation, the following: (a) electrical and plumbing systems serving the Building in general (including any equipment related thereto and located upon the roof of the Building); (b) the interior Common Areas of the Building (Landlord shall maintain the exterior Common Areas of the Building in accordance with its obligations as provided in Section 9.02 below); and (c) exterior windows of the Building. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises for more than 30 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 3% of the cost of the repairs. If Tenant is the Sole Tenant of the Building (as defined in Section 7.01(1) above) Tenant, at Tenant’s own expense, shall procure and maintain in full force and effect, a maintenance/service contract(s) (the “Service Contract”), in a form and with a maintenance contractor approved by Landlord, providing for the service, maintenance and repair of all plumbing and electrical systems and equipment serving the Building. The service contract(s) must include all services suggested by the equipment manufacturer within the operation/maintenance manual relating to such equipment and systems and must become effective and a copy thereof delivered to Landlord: (x) within thirty (30) days after the Commencement Date for the Initial Premises, and (y) within thirty (30) days after the Building 5 Commencement Date for Building 5, each with respect to items (i) and (ii) above, or within 30 days after requested by Landlord with respect to item (iii) above. Tenant shall follow all reasonable recommendations of said contractor for the maintenance and repair of the equipment and systems covered by the Service Contract. The Service Contract shall provide that the contractor shall perform regularly scheduled inspections, preventative maintenance and service on the covered equipment and systems, and that having made such inspections, said contractor shall furnish a complete report of any defective conditions found to be existing with respect to such equipment, together with any recommendations for maintenance, repair and/or replacement thereof. Said report shall be furnished to Tenant with a copy to Landlord. Landlord may, upon notice to Tenant, enter into such a 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. 9.02 Except to the extent the same is a Tenant obligation when Tenant is the Sole Tenant of the Building as such obligations are described in Section 9.01 above, Landlord shall keep and maintain the Leased Premises in good repair and condition; keep in good running working order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless perform maintenance upon the: (a) structural elements of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes Building (including foundations); (b) electrical and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances systems serving the Building in general and mechanical (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair sameincluding HVAC), and fire/life safety systems serving the Building in general and serving the Premises; (c) Common Areas; (d) roof of the Building; (e) exterior windows of the Building; and (f) elevators serving the Building. Landlord shall indemnify promptly make repairs for which Landlord is responsible. Tenant hereby waives any and save harmless Landlord from all rights under and benefits of subsection 1 of Section 1932, and Sections 1941 and 1942 of the California Civil Code, or any liability similar or claims for damages successor Laws now or injuries to persons and property arising therefrom. hereinafter in effect. 9.03 Tenant shall not make any alterations ofalterations, repairs, additions or improvements (collectively referred to or changes in as “Alterations”) without first obtaining the Leased Premises or equipment without the prior written consent of LandlordLandlord in each instance, which consent shall not be unreasonably withheldwithheld or delayed. However, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant ’s consent shall not be required to return for any Alteration that satisfies all of the Leased Premises following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which installing carpeting; (b) is not adequately covered visible from the exterior of the Premises or Building; (c) will not affect the Base Building; and (d) does not require work to be performed inside the walls or above the ceiling of the Premises. Cosmetic Alterations shall be subject to all the other provisions of this Section 9.03. Prior to starting work, Tenant shall furnish Landlord with plans and specifications; names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Base Building); required permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by insuranceLandlord and naming Landlord as an additional insured; and any security for performance in amounts reasonably required by Landlord. Changes to the plans and specifications must also be submitted to Landlord for its approval. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord. Tenant shall reimburse Landlord for any sums paid by Landlord for third party examination of Tenant’s plans for non-Cosmetic Alterations. In addition, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any non-Cosmetic Alterations equal to 3% of the cost of the Alterations. Upon completion, Tenant shall furnish “as-built” plans for non-Cosmetic Alterations, completion affidavits and full and final waivers of lien. Landlord’s approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Law.

Appears in 1 contract

Sources: Office Lease Agreement (Silicon Valley Bancshares)

Repairs and Alterations. (14.1) Tenant Landlord shall keep be responsible for ----------------------- maintenance and repair of the roof and structural components of the Building. Except for roof and structural Landlord shall not be obligated to maintain the Leased Premises or any improvements located thereon or any fixtures or equipment located therein during the Fractional Term, the Lease Term or any renewal thereof. Notwithstanding the foregoing the HVAC system, roof, structure, electrical and plumbing systems, and all other appurtenances to the Building shall be in good working condition and reasonably acceptable to Tenant at the commencement of the Lease Term. Further, the HVAC system shall be warranted by Landlord to remain in good working condition for one (1) year from the commencement date of this Lease. Tenant agrees, at its sole cost and expense, to maintain, repair and replace all of the improvements (other than roof and structural components) including, but not limited to, HVAC (except for the first Lease year), plumbing, electrical and all mechanical systems, plate glass, banking drive through facilities, vaults, the parking and service areas and landscaped areas located on the Premises in a good state of repair and to keep the Premises in a clean, neat and orderly condition; keep . With the exception of relocating and constructing a new Automated Teller Machine (ATM) in good running order the heating and air conditioning systemsparking lot, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless renovation of the manner in which same drive-up teller windows and relocating the night depository, Tenant may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate not erect additional improvements on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment make alterations or renovations to the existing improvements without the Landlord's prior written consent of Landlordconsent, which consent shall not be unreasonably withheld. Tenant shall hold Landlord harmless from any claim, losses, damages or liens arising as a result of such additions or renovations. Tenant shall provide Landlord with copies of all plans and all alterations, changes and improvements, by whomsoever made, shall be the property specifications of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural naturerenovations made pursuant hereto. Landlord shall maintain and make all necessary structural repairs cause the exterior of the Premises to be in compliance with the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. Americans with Disabilities Act (The Tenant will maintain the ------ common areas as outlined in the Addendum.ADA) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, initial Lease Term. Tenant shall not be required responsible for exterior compliance as to return matters arising after the Leased Premises commencement of the initial Lease Term and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurancefor all interior compliance.

Appears in 1 contract

Sources: Lease (Firstbancorporation Inc)

Repairs and Alterations. (14.1) 8.01 Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair and shall promptly provide Landlord with notice of any such conditions. Tenant shall, at its sole cost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord's express responsibility under this Lease, and shall keep and maintain the Leased Premises in good repair condition and condition; keep repair, reasonable wear and tear excepted. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required in good running order an emergency), Landlord may make the heating repairs, and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during Tenant shall pay the tenancy, regardless reasonable cost of the manner repairs, together with an administrative charge in which same may have been brokenan amount equal to 10% of the cost of the repairs. Landlord shall perform all maintenance and repairs upon the: (a) structural elements of the Building; (b) mechanical, unstop all water fixtures that may become choked electrical, plumbing and repair all water pipes fire/life safety systems serving the Building in general; (c) Common Areas; (d) roof of the Building; (e) exterior windows of the Building; and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment"f) are situate on elevators serving the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Building. 8.02 Tenant shall not make any alterations ofalterations, repairs, additions or improvements or install any Cable (collectively referred to or changes in as "ALTERATIONS") without first obtaining the Leased Premises or equipment without the prior written consent of LandlordLandlord in each instance, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested . In order to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by obtain such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, howeverapprovals, Tenant shall not be furnish Landlord with plans and specifications; names of contractors acceptable to Landlord; required to return the Leased Premises permits and equipment approvals; evidence of contractor's and subcontractor's insurance in amounts reasonably required by Landlord and naming Landlord as good condition as aforesaid if the same are damaged or destroyed an additional insured; and any security for performance in amounts reasonably required by fire or otherwise, unless caused Landlord. Tenant shall reimburse Landlord for any sums paid by Landlord for third party examination of Tenant's fault or negligence which is not adequately covered by insuranceplans for Alterations. In addition, Tenant shall pay Landlord a fee for Landlord's oversight and coordination of any Alterations equal to 10% of the cost of the Alterations. Upon completion, Tenant shall furnish "as-built" plans for Alterations, completion affidavits and full and final waivers of lien.

Appears in 1 contract

Sources: Office Lease Agreement (Clean Diesel Technologies Inc)

Repairs and Alterations. (14.1) Tenant shall keep and maintain the Leased Premises in good repair condition and condition; keep in good running order repair. All damage or injury to the heating Premises or the Project caused by the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees shall be promptly repaired by Tenant, at its sole cost and air conditioning systemsexpense, electric wiringto the satisfaction of Landlord. Landlord may make any repairs which are not promptly made by Tenant and charge Tenant for the cost thereof, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to which cost shall be paid by Tenant within ten (10) days from invoice from Landlord. Landlord after replacement of locks, trimmings, glass and plate glass broken during shall maintain the tenancy, regardless common areas of the manner in which same may have been broken, unstop all water fixtures that may become choked Project and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant cost thereof shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrombe an Operating Cost. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant's request. Tenant waives all rights to make any alterations of, additions repairs to or changes in the Leased Premises or equipment without at the prior written consent expense of Landlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to the Premises without Landlord's prior written consent, which consent shall not be unreasonably withheld, and then only by contractors or mechanics who shall be subject to the prior written approval of Landlord, which shall not be unreasonably withheld, and further subject to the approval by Landlord of fully detailed and dimensioned plans and specifications pertaining to the work in question, to be prepared and submitted by Tenant at its sole cost and expense. Notwithstanding the foregoing, Tenant may make non-structural or decorative alterations which do not affect the Building systems or the Building shell in an amount not more than $20,000 during the term of the Lease without obtaining Landlord's prior written consent but otherwise subject to all of the terms and conditions of this Article 9, including the requirement that Tenant deliver plans and specifications for such work to Landlord prior to the commencement thereof. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any work. If Landlord, in approving any work, specifies a commencement date therefor, Tenant shall not commence any work prior to such date. Tenant hereby indemnifies and agrees to defend and hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Premises by or at the request of Tenant. If permitted alterations, changes and improvementschanges, by whomsoever or additions are made, they shall be made at Tenant's expense and shall be and become the property of Landlord. , except that Landlord may, by written notice to Tenant given at least thirty (14.230) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on days prior to the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property end of the Landlord and shall not be removed by Lease Term, require Tenant at the termination of this LeaseTenant's expense to promptly both remove any such alteration, unless requested to do so by the Landlord, in which event Tenant agrees to do so change or addition and to repair promptly any damage to the Premises caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain removal and make all necessary structural repairs restore the Premises to the foundationscondition that existed prior to such alteration in accordance with all applicable laws, load bearing walls statutes, building codes and roof. This does not include the repairing of any glass or moving parts such regulations in effect as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, howeverdate of such restoration. Notwithstanding the foregoing, Tenant shall not have no obligation to remove the Tenant Building Standard Work. With regard to repairs, alterations or any other work arising from or related to this Article 9, Landlord shall be required entitled to return receive an administrative/supervision fee based on the Leased Premises total cost of all (i) work performed; (ii) materials, plans and equipment in as good condition as aforesaid if drawings furnished; and (iii) all other costs and expenses related to such repairs, alterations or other work ("Total Alteration Cost"). If the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which total Alteration Cost is not adequately covered by insurance.Ten Thousand

Appears in 1 contract

Sources: Standard Office Lease (Health Management Systems Inc)

Repairs and Alterations. Subject to Landlord's warranty obligations described in Exhibit D and except to the extent such obligations are imposed upon Landlord hereunder, Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the interior portions of the Premises as are necessary to keep the same in good condition and repair throughout the entire Lease Term, reasonable wear and tear and casualty damage (14.1only to the extent of the insurance proceeds received by Landlord relating to such casualty) excepted. Tenant's repair and maintenance obligations with respect to the Premises shall include, without limitation, any necessary repairs with respect to: (1) any carpet or other floor covering, (2) any interior partitions, (3) any doors, (4) the interior sides of any demising walls, (5) any telephone and computer cabling that serves Tenant's equipment exclusively, (6) any supplemental air conditioning units, private showers and kitchens, including any plumbing in connection therewith, and similar facilities serving Tenant exclusively, and (7) any alterations, additions or improvements performed by contractors retained by Tenant. All such work shall be performed in accordance with the terms of this Lease and the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance of work in the Building. If Tenant fails to make any necessary repairs to the Premises within 30 days after receipt of written notice from Landlord, Landlord may, at its option, make such repairs, and Tenant shall pay the actual, reasonable cost thereof to the Landlord on demand. Landlord shall, at its expense (except as included in Basic Costs), keep and maintain the Leased Premises in good repair and conditionworking order and make all repairs to and perform necessary maintenance upon: (a) all structural elements of the Building; keep and (b) all mechanical, electrical and plumbing systems that serve the Building in good running order general; and (c) the Building facilities common to all tenants including, but not limited to, the ceilings, walls and floors in the Common Areas. (a) the foundations, exterior walls and roof of the Building; (b) the fire/life safety, electrical, mechanical, plumbing, heating and air conditioning systemsconditioning, electric wiringfacilities and components located in the Building and the Common Areas and used in common by all tenants of the Building, toilets(c) the Common Area and the Common Area furniture, water pipesfixtures and equipment together with the windows, waterdoors, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, plate glass and plate the exterior surfaces of walls that are adjacent to Common Areas, (d) exterior surfaces and the interior surfaces of all glass, to include exterior window walls and interior glass broken during (such maintenance to include professional squeegee cleaning at least two (2) times for the tenancyexterior, regardless and one (1) time for the interior, per year), (e) water and sewer facilities, electrical conduit and other utility facilities to their point of connection within the manner Premises, and (f) Building Standard light bulbs and ballasts in which same may have been broken, unstop all water fixtures that may become choked the Common Areas and repair all water pipes the Premises. Landlord shall landscape and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate maintain the landscaping on the Leased PremisesProperty. Furthermore, Tenant shall care forLandlord will diligently pursue completion of any work required or allowed pursuant to this paragraph, maintain and repair sameas soon as possible following the commencement thereof. Landlord covenants that it will materially comply with all Laws, and shall indemnify be responsible for all costs and save harmless Landlord from expenses required to comply with any liability Laws, as such Laws currently exist or claims for damages shall exist in the future, except to the extent any non-compliance is solely caused by or injuries attributable to persons Tenant's or a Tenant Responsible Party's particular use of the Premises or the Common Area. Tenant shall have the right, without Landlord's prior consent, to make any alterations or improvements, other than the addition or removal of walls and property arising therefromother than those that affect the Building structure, the Building's HVAC, plumbing, mechanical or other systems or the Common Areas, provided that the cost of any such alterations do not exceed $25,000.00 in any calendar year and further provided such alterations comply with all Laws. Except as provided in the preceding sentence, Tenant shall not make or allow to be made any alterations ofalterations, additions or improvements to or changes in the Leased Premises or equipment without first obtaining the prior written consent of LandlordLandlord in each such instance, which consent shall approval may not be unreasonably withheld, conditioned, or delayed. Prior to commencing any such work and all as a condition to obtaining Landlord's consent, Tenant must furnish Landlord with plans and specifications reasonably acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; and evidence of contractor's and subcontractor's insurance in accordance with the second full paragraph of Article XVI hereof. All such improvements, alterations or additions shall be constructed in a good and workmanlike manner using Building Standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any such alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements may be performed and attached equipment to otherwise designate reasonable rules, regulations and fixtures installed procedures for the performance of work in the Building. Upon completion, Tenant shall furnish "as-built" plans, contractor's affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All improvements, alterations and additions shall comply with all insurance requirements, codes, ordinances, laws and regulations, including without limitation, the Americans with Disabilities Act. Tenant shall reimburse Landlord upon demand as Additional Base Rental for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electric and plumbing plans for any alterations, additions or improvements. In addition, if Landlord so requests and at its own expense, Landlord shall be entitled to oversee the construction of any alterations, additions or improvements that may affect the structure of the Building or any of the mechanical, electrical, plumbing or life safety systems of the Building. Landlord's approval of Tenant's plans and specifications for any work performed for or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property behalf of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required deemed to return be a representation by Landlord that such plans and specifications comply with applicable Laws or that the Leased Premises alterations, additions and equipment improvements constructed in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by accordance with such plans and specifications will be adequate for Tenant's fault or negligence which is not adequately covered by insuranceuse.

Appears in 1 contract

Sources: Office Lease Agreement (Republic Bancshares Inc)

Repairs and Alterations. (14.1) Tenant There shall keep and maintain the Leased Premises in good repair and condition; keep in good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate be no obligation on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless part of Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent of Landlord, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord Sublessor to make any repairs, except alterations or improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on the Premises, Sublessee shall obtain the prior written consent thereto of a structural natureboth Landlord and Sublessor. Landlord shall maintain and make all necessary structural repairs Any alterations, additions, or improvements made to the foundationsPremises, load bearing walls or Sublessee's behalf, whether at the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpeting, or other floor covering, paneling and roof. This does not include built-in cabinets shall be deemed a part of the repairing real estate and the property of any glass Sublessor and shall be surrendered with the Premises unless Landlord or moving parts Sublessor, by notice given to Sublessee no later than thirty (30) days prior to the end of the Term, shall elect to have Sublessee remove such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuildingadditions, replacements, changes or additions placed by Tenant thereon, in as good condition improvements. Sublessee shall thereupon accomplish such removal at its sole cost and repair as any damage to the same were Premises caused by such removal. In the event that Sublessor consents in writing to any alterations, additions, or improvements to the Premises by Sublessee, they shall be made at the commencement sole cost of the original term, normal wear Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and tear excepted; provided, however, Tenant permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not be required give rise to return the Leased rights to third parties to file mechanic's or materialman's liens, nor waive Sublessor's prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurancefree of liens.

Appears in 1 contract

Sources: Sublease Agreement (Wright Investors Service Holdings, Inc.)

Repairs and Alterations. (14.1) a. Tenant shall keep and maintain covenants that throughout the Leased Premises in term of this Lease it will take good repair and condition; keep in good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless care of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Demised Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent of Landlord, which consent shall not be unreasonably withheld, and including all alterations, changes and improvementsimprovements at any time erected thereon, by whomsoever madeand to keep and maintain same in good order and condition subject to normal wear and tear and casualty damage. Tenant shall have no obligation to provide any electrical service for portions of the Building which does not comprise the Demised Premises. Roof, foundation and structural repairs shall be Landlord's responsibility and will not be passed-through to Tenant. However, if repairs to the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in roof, foundation or on the Leased Premises structure are necessitated by the negligence or wilful misconduct of Tenant, its agents, licensees, guests, invitees or customers, (except to the extent Landlord shall receive reimbursement from insurance for such items or, to the extent not covered by insurance, insurance was maintained or required to be maintained by Landlord pursuant to this Lease for such dollar loss), Tenant shall be responsible for the same. Tenant shall promptly make, at its sole cost and expense, all repairs and replacements to the Demised Premises, including but not being limited toto all electrical, electric wiringair-conditioning, electric fixturesheating, show window reflectorsplumbing and other mechanical systems servicing the Demised Premises. Landlord shall deliver, screensand Tenant shall accept, screen doorsthe Demised Premises in an "as is" condition except for Landlord's Work. In addition to roof, awningsfoundation and structural repairs (to the extent that these repairs are Landlord's obligation under the Lease) during the twenty four (24) months following the Commencement Date, awnings frames floor coveringsLandlord shall, landscaping(except to the extent such repairs are necessitated by the negligence or willful misconduct of Tenant, furnaces it agents, licensees, guests, invitees, or customers, in which case Tenant shall be responsible for the same except to the extent Landlord shall receive reimbursement from insurance for such items, or to the extent not covered by insurance, insurance was maintained or required to be maintained by Landlord pursuant to this Lease for such dollar loss) repair or replace as necessary, at its sole cost, those other items identified as Landlord's Work on Exhibit H annexed hereto (and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall which will not be removed by passed-through to Tenant). Notwithstanding anything contained herein, beyond twenty-four (24) months, such costs shall be passed through to Tenant at as a Common Area cost unless specifically excluded from the termination definition of Operating Costs. b. Tenant shall, during the term of this Lease, unless requested at its sole cost and expense, promptly comply with any statute, ordinance, rule, order, regulation or requirement of the Federal, State and Municipal Government and any and all departments, agencies, bureaus and subdivisions thereof (Laws), as same shall apply to do so the Demised Premises and observe and promptly comply with: (i) all reasonable rules, orders and regulations of the Board of Fire Underwriters; or any like agency; and (ii) the requirements of all insurance carriers issuing policies maintained by the Landlord, in Landlord on the Demised Premises or on the Property of which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of the Demised Premises is a structural naturepart. Landlord shall maintain and make all necessary structural repairs to Notwithstanding the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, howeverforegoing, Tenant shall not only be liable for roof and structural repairs, as required pursuant to return the Leased Premises and equipment in as good condition as aforesaid terms of this subparagraph b, if the same are damaged or destroyed by fire or otherwise, unless caused by required due to Tenant's fault or negligence which is not adequately covered particular use of the Demised Premises. Notwithstanding the foregoing, as of the Commencement Date, the exterior Common Areas shall, at Landlord's expense, comply with all governmental regulations and Landlord shall remain responsible at its own cost and expense to maintain all such items initially constructed by insurance.Landlord in compliance with all governmental

Appears in 1 contract

Sources: Lease (Anadigics Inc)

Repairs and Alterations. (14.1a) Tenant shall keep and maintain the Leased Premises in good a good, clean condition of repair and condition; keep in good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrommaintenance. Tenant shall not damage or injure the Premises. If any repairs or maintenance required to be performed by Tenant are not commenced within fifteen (15) days and completed within thirty (30) days after Landlord notifies Tenant of the need for same, Landlord may make such repairs or replacement, and Tenant shall pay the cost thereof (plus an additional charge of fifteen percent (15%) of such cost to cover overhead) to Landlord within fifteen (15) days after Tenant’s receipt of a statement from Landlord. Tenant further agrees not to commit or allow any waste or damage to be committed on any portion of the Property, and at the termination of this Lease, by lapse of time or otherwise, Tenant shall deliver up the Premises to Landlord in as good condition as at the Commencement Date, ordinary wear and tear excepted. Except as may be set forth in Exhibit D, Landlord shall not be required to make any improvements or repairs of any kind or character on or to the Property, or any portion thereof, during the Lease Term. Notwithstanding the foregoing, Landlord shall make all necessary repairs to the Building components servicing or supporting, but located outside, the Premises, including without limitation the foundation, outside walls, interior load-bearing walls, roof, load-bearing beams, and other major structural components of the Building and treat such repairs as Operating Expenses (as defined in Exhibit E), unless the need for such repair arises out of (1) the performance by Tenant of any alterations ofor other work, additions to (2) any act or changes omission of Tenant or its employees, invitees or contractors or (3) the installation of any equipment, fixtures or property by Tenant in the Leased Premises or equipment the moving of the foregoing in or out of the Premises, in which event Tenant shall be responsible to make the repairs. (b) Tenant, without the prior written consent of Landlord, which consent shall not be unreasonably withheldpaint, and all install lighting or decorations (except wall hangings), or install any signs, window or door lettering or advertising media of any type on or about the Property, or any part thereof, or make any other alterations, changes improvements or physical additions in or to the Property, or any part thereof. At the termination of the Lease, at Landlord’s option and subject to the Landlord’s right to retain improvements desired by Landlord, Tenant shall restore any portions of the Premises altered, added to, or improved by Tenant to the original condition accepted on the “Commencement Date”. Notwithstanding the Tenant’s duty hereunder to remove their tenant alterations, additions, or improvements, by whomsoever madeincluding without limitation any HVAC, power supply, or other equipment attached to the Premises, whether temporary or permanent in character, made in or upon the Property shall, at Landlord’s sole discretion and option, be Landlord’s property on termination of this Lease and shall be remain on the property of Landlord. (14.2) Tenant agrees that all additions Property without compensation to Tenant. All furniture and improvements and attached unattached, movable equipment and trade fixtures installed kept in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, Tenant shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease. If the items are not removed, unless requested Landlord may elect that such items will become Landlord’s property. If removal occurs, Tenant, at Tenant’s expense, shall repair and restore to do so by its original condition any portion of the Landlord, in Premises which event Tenant agrees to do so and to repair promptly any damage caused is damaged by such removal. (14.3) Nothing contained in this Lease . All such installations, removals and restorations shall be construed accomplished in a good workmanlike manner so as requiring Landlord not to make any repairs, except of a damage the Premises or the primary structure or structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement qualities of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged Building or destroyed by fire any plumbing or otherwise, unless caused by Tenant's fault electrical lines or negligence which is not adequately covered by insurance.other utility

Appears in 1 contract

Sources: Office Building Lease Agreement (Omniture, Inc.)

Repairs and Alterations. (14.1) Landlord agrees to make all necessary repairs to the exterior walls, exterior doors, windows and corridors of the Building. Landlord agrees to keep the Building in a clean, neat and attractive condition. Landlord agrees to keep all building standard equipment such as elevators, plumbing, heating, air conditioning and similar equipment in good repair, but Landlord shall not be liable or responsible for breakdowns or temporary interruptions in service when reasonable efforts are used to restore service. Tenant agrees that it will pay for the cost of all repairs to the Leased Premises not required above to be made by Landlord and be responsible for all redecorating, remodeling, alteration and painting required by it during the term of this Lease. Tenant shall keep and pay for any repairs to the Leased Premises, or the Building, made necessary by any negligence or carelessness of Tenant, its employees or invitees. Tenant agrees to maintain the Leased Premises in good repair a clean, neat and sanitary condition; keep in good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not may place partitions and fixtures and make any improvements and other alterations of, additions to or changes in the interior of the Leased Premises or equipment without at Tenant's expense, provided, however, that prior to commencing any such work Tenant shall first obtain the prior written consent of Landlord to the proposed work and Landlord shall have the right to review and approve all plans. Landlord may require that said work be done by Landlord, which consent shall not be unreasonably withheld's own employees or under Landlord's direction but at the expense of Tenant, and all alterationsLandlord may, changes and improvementsas a condition to consenting to such work, by whomsoever made, shall be the property of Landlord. (14.2) require that Tenant agrees give security that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises will be completed free and clear of liens and in a manner satisfactory to Landlord. Notwithstanding the foregoing, any such improvements or alterations by Tenant shall conform to and be in substantial accordance in quality and appearance with the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces quality and air conditioning machinery and equipment, appearance of the improvements in the remainder of the Building. Any such improvements shall immediately become the property of the Landlord upon expiration of this Lease. Tenant shall remove any movable furniture and shall not be removed by Tenant at the equipment upon termination of this Lease, unless requested Lease and shall deliver the Leased Premises to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original termreceived, broom clean, normal wear and tear excepted; provided, however, expected. In the event Tenant shall not be required to return receives consent of the Leased Premises Landlord and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by uses Tenant's fault or negligence which is not adequately covered by insuranceown contractor for any such improvements then Tenant must provide Landlord with contractor's evidence of workmen's compensation and liability insurance in amounts sufficient to Landlord and have acquired the necessary building permits to prior to commencing any such construction.

Appears in 1 contract

Sources: Lease (CSK Auto Corp)

Repairs and Alterations. (14.1) Landlord shall maintain the structural portions of the Project including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass, columns, beams, shafts, stairs, stairwells, elevator cabs and common areas and shall also maintain and repair the basic mechanical, electrical, lifesafety, plumbing, sprinkler systems and heating, ventilating and air-conditioning systems. Except as expressly provided as Landlord's obligation in this Article 9, Tenant shall keep and maintain the Leased Premises in good repair condition and condition; keep in good running order repair. All damage or injury to the heating and air conditioning systemsPremises or the Project resulting from the act or negligence of Tenant, electric wiringits employees, toiletsagents or visitors, water pipesguests, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during invitees or licensees or by the tenancy, regardless use of the manner in which same may have been brokenPremises shall be promptly repaired by Tenant, unstop all water fixtures that may become choked at its sole cost and repair all water pipes and plumbing that may burst. If any elevatorsexpense, escalators, lifts, machinery or appliances (herein called "equipment") are situate on to the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent satisfaction of Landlord, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant's receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice, and charge Tenant for the cost thereof, which cost shall be paid by Tenant within five (5) days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant's request, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to the Premises (collectively, "Alterations") without Landlord's prior written consent, and then only by contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Premises by or at the request of Tenant in connection with any Alterations. If permitted Alterations are made, they shall be required made at Tenant's sole cost and expense and shall be and become the property of Landlord, except that Landlord may, by written notice to return Tenant given at least thirty (30) days prior to the Leased end of the term, require Tenant at Tenant's expense to remove all partitions, counters, railings and other Alterations installed by Tenant, and to repair any damages to the Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by such removal. Any and all costs attributable to or related to the applicable building codes of the city in which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenant's fault plans, specifications, improvements, alterations or negligence otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any other work arising from or related to this Article 9, Landlord shall be entitled to receive an administrative/supervision fee (which is fee shall vary depending upon whether or not adequately covered Tenant orders the work directly from Landlord) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord's involvement with such work. The construction of initial improvements to the Premises shall be governed by insurancethe terms of the Tenant Work Letter and not the terms of this Article 9.

Appears in 1 contract

Sources: Standard Office Lease (Alloy Online Inc)

Repairs and Alterations. (14.1) 9.01 Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any such conditions. Tenant, at its sole cost, shall promptly perform all maintenance, repairs, and replacements to the Premises that are not Landlord's express responsibility under this Lease, and keep and maintain the Leased Premises in good condition and repair, reasonable wear and tear excepted. Tenant's repair and conditionmaintenance obligations include, without limitation, repairs to: (a) floor covering; keep (b) partitions and interior walls; (c) doors; (d) the interior side of demising walls; (e) Alterations (defined in Section 9.03); (f) air conditioning units, restrooms, kitchens, including hot water heaters, plumbing, and similar facilities and other mechanical (including HVAC), electrical, plumbing and fire/life safety systems and equipment exclusively serving Tenant, whether such items are installed by Tenant, or by Landlord for the benefit of Tenant, or are currently existing in the Premises; (g) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, "Cable") and (h) window blinds. All repairs and other work performed by Tenant or its contractors, including that involving Cable, shall be subject to the terms of Section 9.03 below. If any portion of the Premises or any system or equipment in the Premises which Tenant shall be obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Premises or system or equipment, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall maintain a preventive maintenance contract providing for quarterly inspections and maintenance, as required by industry standards and good running order practice, of the heating and air conditioning systemssystem by a heating and air conditioning contractor, electric wiring, toilets, water pipes, water, gas such contract and electric fixtures; replace all locks and deliver keys such contractor to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burstbe approved by Landlord. If Tenant fails to make any elevatorsrepairs to the Premises for more than 15 days after written notice from Landlord (although notice shall not be required in an emergency), escalatorsLandlord may make the repairs, liftsand, machinery or appliances (herein called "equipment") are situate on the Leased Premiseswithin 30 days after demand, Tenant shall care forpay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% of the cost of the repairs. 9.02 Landlord shall keep and maintain in good repair and repair sameworking order and perform maintenance upon the: (a) structural elements of the Building; (b) mechanical, electrical, plumbing and fire/life safety systems (excluding HVAC systems) serving the Common Areas or the Building in general; (c) Common Areas; (d) exterior and structural walls, and roof of the Building; (e) exterior windows of the Building; and (f) elevators serving the Common Areas of the Building, if any. Landlord shall indemnify and save harmless promptly make repairs for which Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. is responsible. 9.03 Tenant shall not make any alterations ofalterations, repairs, additions or improvements or install any Cable (collectively referred to or changes in as"Alterations") without first obtaining the Leased Premises or equipment without the prior written consent of LandlordLandlord in each instance, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in withheld or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested delayed. Prior to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, howeverstarting work, Tenant shall furnish Landlord with plans and specifications reasonably acceptable to Landlord (which shall be in CAD format if requested by Landlord); names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to structural alterations, fire/life safety systems; required permits and approvals; evidence of contractor's and subcontractor's insurance in amounts and with coverages and waivers of subrogation reasonably required by Landlord and naming Landlord and the Additional Insureds (as defined in Section 14) as additional insureds (pursuant to the form of additional insured endorsement providing the broadest coverage for the additional insured); and any security for performance in amounts reasonably required by Landlord. Changes to the plans and specifications must also be submitted to Landlord for its approval. Alterations shall comply with applicable Laws and shall be constructed in a good and workmanlike manner, using materials of a quality reasonably approved by Landlord, and Tenant shall ensure that no Alteration impairs any of the Common Systems or Landlord's ability to perform its obligations hereunder. Tenant shall comply (and shall cause the Tenant Related Parties and their respective contractors and vendors to comply) with Landlord's reasonable rules, regulations and procedures for the performance of work in the Building and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, Landlord shall have the right to designate the time when Alterations may be performed. Tenant shall not be required to return take any action which would cause a work stoppage, picketing, labor disruption or dispute, or interfere with Landlord's or any other tenant's or occupant's business or with the Leased Premises rights and equipment privileges of any person lawfully in as good condition as aforesaid if the same are damaged or destroyed Building. Tenant shall reimburse Landlord for any commercially reasonable sums paid by fire or otherwise, unless caused by Landlord for third party examination of Tenant's fault or negligence which is not adequately covered by insuranceplans for Alterations requiring Landlord's consent under this Section 9.

Appears in 1 contract

Sources: Industrial Real Estate Lease Agreement (Aqua Power Systems Inc.)

Repairs and Alterations. (14.1) Tenant Mortgagor shall keep and maintain the Leased Premises Property in good condition and repair and condition; keep in good running order fully protected from the heating and air conditioning systemselements to the reasonable satisfaction of Bank. Mortgagor will not remove, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless demolish or structurally alter any of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery buildings or appliances (herein called "equipment") are situate other improvements on the Leased PremisesProperty (except such alterations as may be required by laws, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability ordinances or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment regulations) without the prior written consent of LandlordBank. Mortgagor shall promptly notify Bank in writing of any material loss, damage or adverse condition affecting the Property. Eminent Domain. Should the Property or any interest therein be taken or damaged by reason of any public use or improvement or condemnation proceeding ("Condemnation"), or should Mortgagor receive any written notice or other information regarding such Condemnation, Mortgagor shall give prompt written notice thereof to Bank. Bank shall be entitled to all compensation, awards and other payments or relief granted in connection with such Condemnation up to the amount of the Obligations. All compensation, awards, and damages awarded to Mortgagor related to any Condemnation (the "Proceeds") are hereby assigned to Bank and Mortgagor agrees to execute such further assignments of the Proceeds as Bank may require. Bank shall have the option of applying or paying the Proceeds in the same manner as insurance proceeds as provided herein. Mortgagor appoints Bank as its attorney-in-fact to receive and endorse the Proceeds to Bank, which consent appointment is coupled with an interest and shall not be unreasonably withheldirrevocable as long as any Obligations remain unsatisfied. Environmental Condition of Property and Indemnity. Mortgagor warrants and represents to Bank, except as reported by Mortgagor to Bank in writing, that: (i) Mortgagor has inspected and is familiar with the environmental condition of the Property; (ii) the Property and Mortgagor, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property any occupants of the Landlord Property, are in compliance with and shall not continue to be removed by Tenant at in compliance with all applicable federal, state and local laws and regulations intended to protect the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so environment and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain public health and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair safety as the same were may be amended from time to time ("Environmental Laws"); (iii) the Property is not and, to Mortgagor's knowledge, has never been used to generate, handle, treat, store or dispose of, in at any quantity, oil, petroleum products, hazardous or toxic substances, hazardous waste, regulated substances or hazardous air pollutants ("Hazardous Materials") in violation of any Environmental Laws; (iv) to Mortgagor's knowledge, no Hazardous Materials (including asbestos or lead paint in any form) are located on or under the commencement Property or emanate from the Property; (v) to Mortgagor's knowledge, there are no unregistered underground storage tanks on the Property that are subject to any underground storage tank registration laws or regulations; (vi) no notice has been received by Mortgagor with regard to any Hazardous Material on the Property; (vii) no action, investigation or proceeding is pending or to Mortgagor's knowledge threatened which seeks to enforce any right or remedy against Mortgagor or the Property under any Environmental Law; and (viii) all licenses, permits and other governmental or regulatory actions necessary for the Property to comply with Environmental Laws shall be obtained and maintained and Mortgagor shall assure compliance therewith. Mortgagor shall not permit any use of the original termProperty or activity on the Property that constitutes an "Industrial Establishment" as defined in the New Jersey Industrial Site Recovery Act without prior written consent of Bank. Further, normal wear Mortgagor represents to Bank that a portion of the Property is a protected wetland. Mortgagor agrees to notify Bank immediately upon receipt of any citations, warnings, orders, notices, consent agreements, process or claims alleging or relating to violations of any Environmental Laws or to the environmental condition of the Property and tear exceptedshall conduct and complete all investigations and all cleanup actions necessary to comply with the Environmental Laws and to remove, in accordance with Environmental Laws, any Hazardous Material from the Property. Mortgagor shall indemnify, hold harmless, and defend Bank from and against any and all damages, penalties, fines, claims, suits, liabilities, costs, judgments and expenses, including reasonable attorneys', consultants' or experts' fees of every kind and nature incurred, suffered by or asserted against Bank as a direct or indirect result of: (i) representations made by Mortgagor in this Section being or becoming untrue in any material respect; provided(ii) Mortgagor's violation of or failure to meet the requirements of any Environmental Laws; or (iii) Hazardous Materials which, howeverwhile the Property is subject to this Mortgage, Tenant exist on the Property. Bank shall have the right to arrange for or conduct environmental inspections of the Property from time to time (including the taking of soil, water, air or material samples). The cost of such inspections made after Default or which are required by laws or regulations applicable to Bank shall be borne by Mortgagor. However, Mortgagor's indemnity shall not be required apply to return any negligent or intentional act of Bank which takes place after foreclosure or satisfaction of this Mortgage. These indemnification obligations are in addition to General Indemnification provisions set forth hereafter. Mortgagor's Obligations under this section shall continue, survive and remain in full force and effect notwithstanding the Leased Premises repayment of the Obligations, a foreclosure of or exercise of power of sale under this instrument, a delivery of a deed in lieu of foreclosure, a cancellation or termination of record of this instrument and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurancetransfer of the Property.

Appears in 1 contract

Sources: Mortgage, Assignment of Rents and Security Agreement (A C Moore Arts & Crafts Inc)

Repairs and Alterations. (14.1) Landlord shall maintain the structural portions of the Project including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass, columns, beams, shafts, stairs, stairwells, elevator cabs and common areas and shall also maintain and repair the basic mechanical, electrical, lifesafety, plumbing, sprinkler systems and heating, ventilating and air-conditioning systems. Except as expressly provided as Landlord's obligation in this Article 9, Tenant shall keep and maintain the Leased Premises in good repair condition and conditionrepair, ordinary wear and tear excepted. All damage or injury to the Premises or the Project resulting from the use, the act or the negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees shall be promptly repaired by Tenant, at its sole cost and expense, to the satisfaction of Landlord; keep in good running order provided, however, that for damage to the heating and Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless systems of the manner Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs Initials: ------- ------- which are not promptly made by Tenant after Tenant's receipt of written notice and the reasonable opportunity of Tenant to make said repair within ten (10) business days from receipt of said written notice, and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant's request. Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in which same may have been brokenor to the Premises (collectively, unstop "Alterations") without Landlord's prior written consent (not to be unreasonably withheld), and then only by contractors or mechanics approved by Landlord in writing and upon the approval by Landlord (not to be unreasonably withheld) in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all water fixtures that may become choked necessary approvals and repair all water pipes and plumbing that may burstpermits pertaining to any Alterations approved by Landlord. If Landlord, in approving any elevatorsAlterations, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premisesspecifies a commencement date therefor, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from not commence any liability or claims for damages or injuries work with respect to persons and property arising therefromsuch Alterations prior to such date. Tenant shall not make any alterations ofhereby indemnifies, additions defends and agrees to or changes in the Leased Premises or equipment without the prior written consent hold Landlord free and harmless from all liens and claims of Landlord, which consent shall not be unreasonably withheldlien, and all alterationsother liability, changes claims and demands arising out of any work done or material supplied to the Premises by or at the request of Tenant in connection with any Alterations (not including the initial tenant improvements). If permitted Alterations are made (not including the initial tenant improvements), by whomsoever made, they shall be made at Tenant's sole cost and expense and shall be and become the property of Landlord. , except that Landlord may, by written notice to Tenant given at least thirty (14.230) days prior to the end of the Term, require Tenant agrees that at Tenant's expense to remove all additions partitions, counters, railings and improvements and attached equipment and fixtures other Alterations installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage damages to the Premises caused by such removal. (14.3) Nothing contained in this Lease . Tenant's trade fixtures shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord and shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear exceptedremain Tenant's property; provided, however, Tenant shall not be required must identify Tenant's trade fixtures in writing immediately after their installation and, upon the expiration of this Lease, Tenant must remove such trade fixtures installed by Tenant, and repair any damages to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by such removal. Any and all costs attributable to or related to the applicable building codes of the city in which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenant's fault plans, specifications, improvements, alterations or negligence otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any other work arising from or related to this Article 9, Landlord shall be entitled to receive an administrative/supervision fee (which is fee shall vary depending upon whether or not adequately covered Tenant orders the work directly from Landlord) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord's involvement with such work. Notwithstanding anything to the contrary in this Lease, the construction of initial improvements to the Premises shall be governed by insurancethe terms of the Tenant Work Letter and not the terms of this Article 9.

Appears in 1 contract

Sources: Standard Office Lease (Ct Holdings Inc)

Repairs and Alterations. (14.1) Section 4.1 Tenant shall keep maintain and maintain make all necessary repairs and replacements to the Leased Premises, all systems contained therein, including but not limited to the electrical, plumbing, heating, air conditioning systems, if and to the extent that they exclusively serve the Premises. Notwithstanding the foregoing, Landlord shall be solely liable to Tenant for any and all repairs and/or replacements to the Premises in good repair prior to the Commencement Date. Tenant will enter into an annual preventative service and condition; keep in good running order maintenance contract with competent, licensed contractors reasonably approved by Landlord for a minimum of two (2) maintenance visits per year. Tenant is responsible for the cost of the service and maintenance agreement and will provide copy of the agreement and actual service records to the Landlord. Landlord represents and warrants that to the best of its knowledge, all systems serving the Premises, including without limitation all heating and air conditioning systems, electric wiringare in good condition and repair. Section 4.2 Tenant may make any interior, toiletsnonstructural installations, water pipesalterations, wateradditions, gas and electric fixtures; replace all locks and deliver keys or improvements to Landlord after replacement of locks, trimmings, glass and plate glass broken during or within the tenancy, regardless Premises at its own cost. No changes or alterations may be made without the consent of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent of Landlord, which consent not to be unreasonably withheld. Notwithstanding the foregoing, Landlord’s consent shall not be unreasonably withheldrequired for alterations that are merely cosmetic (e.g., painting, carpeting, etc.). Said Tenant improvements shall be made in a first class manner. All such Tenant improvements made to or within the Premises (except, movable trade fixtures and all alterationsequipment of any kind and nature used in tenant’s operations, changes and improvementsinstalled in the Premises prior to or during the term of this Lease at the cost of Tenant or any other person claiming under Tenant), by whomsoever made, upon expiration or other termination of the term of this Lease shall be surrendered with the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in Premises as a part thereof without disturbance, molestation or on the Leased Premises injury, unless otherwise agreed to by the Tenant, including but parties. Said movable trade fixtures shall not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property be deemed part of the Landlord Premises and shall not may be removed by Tenant at any time or times during the termination term of this Lease, unless requested provided that upon any such removal, Tenant shall restore the Premises to do so their condition prior to such installation. Section 4.3 Tenant will procure all necessary permits before making any repairs, removals or Tenant improvements. Landlord will cooperate with Tenant in obtaining such permits. All repairs, removals and Tenant improvements done by Tenant or anyone claiming under Tenant, shall be done in good and workmanlike manner and shall be done in conformity with all laws, ordinances and regulations of all public authorities and all insurance inspection or rating bureaus having jurisdiction; and the Landlordstructure of the Premises will not be endangered or impaired and Tenant will repair any and all damage caused by or resulting from any such repairs, in which event removals or Tenant improvements, including, but without limitation, the filling of holes. Tenant agrees to do pay, promptly when due, all charges for labor and materials in connection with any work done by Tenant upon the Premises so that the Premises shall at all times be free of liens. Tenant agrees to save Landlord harmless from and indemnify Landlord against any and all claims for injury, loss or damage to repair promptly any damage persons or property caused by or resulting from the doing of any such removalwork, and Tenant shall carry all necessary builder’s risk, liability and worker’s compensation insurance required to be carried during the course of any construction hereunder. (14.3) Nothing contained in this Lease Section 4.4 Tenant shall have the right to install professionally prepared signage on the exterior of the Premises provided that the standards of such signage are no lower than the standards for exterior signage found on the exterior of Building as of the Commencement Date. , The preparation of such signs shall be construed as requiring Landlord to make any repairs, except of a structural natureat Tenant’s sole cost and expense. Landlord shall maintain shall, at its cost and make all necessary structural repairs to expense, replace the foundationsexisting BroadPeak signs at the Building parking lot entrance, load bearing walls front door of the Premises, and roof. This does not include rear door of the repairing of any glass or moving parts such Premises with Tenant’s signs (prepared at Tenant’s sole cost and expense as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined provided in the Addendum.) alterations, rebuilding, replacements, changes or additions preceding sentence). The cost of installing all other exterior signs will be at Tenant’s cost and expense. No other sign shall be placed by Tenant thereon, in as good condition and repair as on the same were in at the commencement exterior of the original termPremises without the express consent of the Landlord. Each such sign shall conform to all applicable rules and regulations issued by the Town of Wallingford. Landlord shall, normal wear and tear excepted; providedat Landlord’s expense, however, provide Tenant shall not be required to return with Building standard signage on the Leased Premises and equipment in as good condition as aforesaid if lobby directory of the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insuranceBuilding.

Appears in 1 contract

Sources: Asset Purchase Agreement (ConforMIS Inc)

Repairs and Alterations. A. Except to the extent such obligations are imposed upon Landlord hereunder, Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises as are necessary to keep the same in good condition and repair throughout the entire Lease Term, reasonable wear and tear excepted. Tenant's repair and maintenance obligations with respect to the Premises shall include, without limitation, any necessary repairs with respect to: (14.11) any carpet or other floor covering, (2) any interior partitions, (3) any doors, (4) the interior side of any demising walls, (5) any telephone and computer cabling that serves Tenant's equipment exclusively, (6) any supplemental air conditioning units, private showers and kitchens, including any plumbing in connection therewith, and similar facilities serving Tenant exclusively, and (7) any alterations, additions or improvements performed by contractors retained by Tenant. All such work shall be performed in accordance with section X.B. below and the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance of work in the Building. If Tenant fails to make any necessary repairs to the Premises, Landlord may, at its option, make such repairs, and Tenant shall pay the cost thereof to the Landlord on demand as Additional Base Rental, together with an administrative charge in an amount equal to ten percent (10%) of the cost of such repairs. Landlord shall, at its expense (except as included in Basic Costs), keep and maintain the Leased Premises in good repair and condition; keep in good running working order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas make all repairs to and electric fixtures; replace perform necessary maintenance upon: (a) all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless structural elements of the manner in which same may have been brokenBuilding; and (b) all mechanical, unstop all water fixtures that may become choked and repair all water pipes electrical and plumbing systems that may burst. If any elevatorsserve the Building in general; and (c) the Building facilities common to all tenants including, escalatorsbut not limited to, liftsthe ceilings, machinery or appliances (herein called "equipment") are situate on walls and floors in the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Common Areas. B. Tenant shall not make or allow to be made any alterations ofalterations, additions or improvements to or changes in the Leased Premises or equipment without first obtaining the prior written consent of LandlordLandlord in each such instance, which such consent shall not be unreasonably withheldunreasonable withheld or delayed. Prior to commencing any such work and as a condition to obtaining Landlord's consent, Tenant must furnish Landlord with plans and specifications reasonably acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor's and subcontractor's insurance in accordance with Article XVI section B. hereof, and payment bond or other security, all in form and amount satisfactory to Landlord. All such improvements, alterations or additions shall be constructed in a good and workmanlike manner using Building Standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any such alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not may be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so performed and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairsotherwise designate reasonable rules, except regulations and procedures for the performance of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined work in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, howeverBuilding. Upon completion, Tenant shall not furnish "as-built" plans, contractor's affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All improvements, alterations and additions shall comply with all insurance requirements, codes, ordinances, laws and regulations, including without limitation, the Americans with Disabilities Act. Tenant shall reimburse Landlord upon demand as Additional Base Rental for all sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electric and plumbing plans for any alterations, additions or improvements. In addition, if Landlord so requests, Landlord shall be required entitled to return oversee the Leased Premises and equipment construction of any alterations, additions or improvements that may affect the structure of the Building or any of the mechanical, electrical, plumbing or life safety systems of the Building. In the event Landlord elects to oversee such work, Landlord shall be entitled to receive a fee for such oversight in as good condition as aforesaid if an amount equal to fifteen percent (15%) of the same are damaged cost of such alterations, additions or destroyed by fire or otherwise, unless caused by improvements. Landlord's approval of Tenant's fault plans and specifications for any work performed for or negligence which is not adequately covered by insurance.on behalf of Tenant

Appears in 1 contract

Sources: Office Lease (United States Exploration Inc)

Repairs and Alterations. (14.1) 8.01 Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair and shall promptly provide Landlord with notice of any such conditions. Tenant shall, at its sole cost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and shall keep and maintain the Leased Premises in good repair condition and condition; keep repair, reasonable wear and tear excepted. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required in good running order an emergency), Landlord may make the heating repairs, and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during Tenant shall pay the tenancy, regardless reasonable cost of the manner repairs, together with an administrative charge in which same may have been brokenan amount equal to 10% of the cost of the repairs. Landlord shall perform all maintenance and repairs upon the: (a) structural elements of the Building; (b) mechanical, unstop all water fixtures that may become choked electrical, plumbing and repair all water pipes fire/life safety systems serving the Building in general; (c) Common Areas; (d) roof of the Building; (e) exterior windows of the Building; and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment"f) are situate on elevators serving the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Building. 8.02 Tenant shall not make any alterations ofalterations, repairs, additions or improvements or install any Cable (collectively referred to or changes in as “Alterations”) without first obtaining the Leased Premises or equipment without the prior written consent of LandlordLandlord in each instance, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested . In order to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by obtain such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, howeverapprovals, Tenant shall not be furnish Landlord with plans and specifications; names of contractors acceptable to Landlord; required permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord and naming Landlord as an additional insured; and any security for performance in amounts reasonably required by Landlord. Tenant shall reimburse Landlord for any sums paid by Landlord for third party examination of Tenant’s plans for Alterations. In addition, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any Alterations equal to return 10% of the Leased Premises cost of the Alterations. Upon completion, Tenant shall furnish “as-built” plans for Alterations, completion affidavits and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurancefull and final waivers of lien.

Appears in 1 contract

Sources: Office Lease Agreement (Rewards Network Inc)

Repairs and Alterations. (14.1) Tenant shall keep and maintain agrees by taking possession of the Leased Premises that the Leased Premises are then in a tenantable and good repair and condition; keep in , that Tenant will take good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement care of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises will not be altered or equipment changed without the prior written consent of Landlord Tenant waives any right to make repairs at Landlord's expense. Tenant will not make changes to locks or doors or add, which disturb, or in any way change any plumbing, ducting, or wiring without first obtaining the written consent shall not of Landlord. All damage or injury done to the Project by Tenant or by any persons who may be unreasonably withheldin or upon the Project with the consent of Tenant will be paid for by Tenant, and Tenant will pay for all damage to the Project caused by Tenant's misuse; however, Tenant will pay far structural damage to the Project only if occasioned by negligent, reckless, or intentional acts or omissions of Tenant or any other person who may be in or upon the Project with the consent (implied or otherwise) of Tenant. All repairs to the Leased Premises necessary to maintain the Leased Premises in a tenantable and good condition will be done by or under the direction of Landlord at Tenant's expense (payable to Landlord immediately upon demand) except as otherwise specifically provided in this Lease. Tenant will pay for the replacement of doors or windows of the Leased Premises that are cracked or broken by Tenant, its employees, agents or invites, and Tenant will not put any curtains, draperies or other hangings on or beside the windows in the Leased Premises without first obtaining Landlord's written consent. Landlord may make any alterations or improvements that Landlord may deem necessary for the preservation, safety, or improvement of the Project. All alterations, changes additions, and improvements, except fixtures installed by whomsoever madeTenant and that are removable without damage to the Building, shall be will become or remain, as applicable, the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurance.

Appears in 1 contract

Sources: Office Lease Agreement (Vestin Group Inc)

Repairs and Alterations. (14.1a) Tenant shall Sublessee shall, at Sublessee’s sole cost and expense, keep and maintain the Leased Premises in good condition and repair and condition; keep in good running order as required by the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless terms of the manner in which same may Prime Lease. Sublessor shall have been broken, unstop all water no obligation to Sublessee for the repair or maintenance of the Premises or any fixtures that may become choked and repair all water pipes and plumbing that may burstor personal property located therein. If any elevatorsdamage to the Premises shall be caused by the act or neglect of Sublessee, escalatorsits officers, liftsemployees, machinery agents or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair sameinvitees, and is not repaired within a reasonable period of time after notice thereof, then Sublessor may, at its option, repair such damage, and Sublessee shall indemnify and save harmless Landlord from any liability or claims thereupon reimburse Sublessor for damages or injuries to persons and property arising therefrom. Tenant the total cost of such repair. (b) Sublessee shall not make any alterations ofalterations, improvements or additions (collectively, “Alterations”) to or changes in the Leased Premises or equipment without the prior written consent of LandlordSublessor, which consent shall not be unreasonably withheld, and all alterations, changes and improvements, by whomsoever made, shall be the property of Landlord. conditioned or delayed (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant that Sublessor’s consent shall not be necessary for any Alterations that have been approved in writing by Landlord and which will not impose any additional obligations on Sublessor, whether for removal or otherwise). Any and all Alterations made by Sublessee shall be made in accordance with the Prime Lease and all applicable laws, statutes, codes, rules and regulations (including, without limitation, the Americans With Disabilities Act and all rules and regulations of the Building). The cost and expense incurred by Landlord or Sublessor in connection with any obligations imposed thereon which arise as a result of the performance of any Alterations to the Premises (including, without limitation, the cost and expense of Landlord’s or Sublessor’s compliance with the Americans With Disabilities Act) shall be borne solely by Sublessee and shall be payable to Landlord and/or Sublessor promptly upon demand therefor. Notwithstanding anything to the contrary in the Prime Lease, Sublessee further acknowledges and agrees that unless Landlord specifically agrees in writing either in Landlord’s consent to this Sublease or in connection with, and at the time of, Landlord’s review of Sublessee’s proposed improvements or alterations to or upon the Premises or any other part of the Building, that specific improvements or alterations made by or on behalf of Sublessee will not be required to return be removed upon the Leased expiration or earlier termination of this Sublease, Sublessee shall be solely liable and responsible for the timely removal of all such improvements and alterations as required by Landlord and repair of any damage to the Premises or Building resulting from the installation or removal thereof and equipment in as good condition as aforesaid if the same are damaged or destroyed indemnity by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insuranceSublessee of Sublessor pursuant to Paragraph 13(b) below shall be deemed to specifically include Losses relating to these obligations of Sublessee.

Appears in 1 contract

Sources: Sublease (Inphonic Inc)

Repairs and Alterations. (14.1) Tenant shall keep and maintain agrees by taking possession of the Leased Premises that the Leased Premises are then in a tenantable and good repair and condition; keep in , that Tenant will take good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement care of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises will not be altered or equipment changed without the prior written consent of Landlord. Tenant waives any right to make repairs at Landlord's expense. Tenant will not make changes to locks or doors or add, which disturb, or in any way change any plumbing, ducting, or wiring without first obtaining the written consent shall not of Landlord. All damage or injury done to the Project by Tenant or by any persons who may be unreasonably withheldin or upon the Project with the consent of Tenant will be paid for by Tenant, and Tenant will pay for all alterationsdamage to the Project caused by Tenant's misuse; however, changes Tenant will pay for structural damage to the Project only if occasioned by negligent, reckless, or intentional acts or omissions of Tenant or any other person who may be in or upon the Project with the consent (implied or otherwise) of Tenant. All repairs to the Leased Premises necessary to maintain the Leased Premises in a tenantable and good condition will be done by or under the direction of Landlord at Tenant's expense (payable to Landlord immediately upon demand) except as otherwise specifically provided in this Lease. Tenant will pay for the replacement of doors or windows of the Leased Premises that are cracked or broken by Tenant, its employees, agents or invites, and Tenant will not put any curtains, draperies or other hangings on or beside the windows in the Leased Premises without first obtaining Landlord's written consent. Landlord may make any alterations or improvements that Landlord may deem necessary for the preservation, safety, or improvement of the Project. All alteration, additions, and improvements, except fixtures installed by whomsoever madeTenant and that are removable without damage to the Building, shall be will become or remain, as applicable, the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurance.

Appears in 1 contract

Sources: Office Lease Agreement (Vestin Group Inc)

Repairs and Alterations. (14.1) Tenant shall keep agrees by taking possession of the Premises as herein set forth that such Premises are then in a tenantable and good condition, that Tenant will, at Tenant's sole cost and expense, repair and maintain the Leased Premises in good repair order and condition; keep in good running order condition the heating Premises and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair sameevery part thereof, and shall indemnify and save harmless Landlord from any liability the same will not be altered or claims for damages or injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without changed with the prior written consent of Landlord. As part of the consideration for rental hereunder7 Tenant agrees that all improvements, which consent repairs or maintenance of the Premises shall, except as otherwise herein agreed, be made at Tenant's sole cost and expense. Unless otherwise provided for herein or by written agreement, all improvements, repairs and/or alterations that may be required of or desired by Tenant shall not be unreasonably withhelddone only by Landlord's contractor but at the sole cost and expense of Tenant, and all alterations, changes and such improvements, by whomsoever made, repairs and/or alterations shall be the property of Landlord. (14.2) Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not remain upon and be removed by Tenant at surrendered with the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear exceptedPremises; provided, however, that at Landlord's option Tenant shall. at Tenant's sole cost and expense, when surrendering the Premises, restore the same to its original condition as of the Commencement Date. Performance of such work by Landlord's contractor shall not be required deemed a warranty to return the Leased adequacy of the design, workmanship, or quality of materials, and Landlord expressly disclaims any responsibility or liability for the same. Following completion of any such improvements, repairs or alterations by Landlord's contractor, Landlord shall assign to Tenant all warranties and rights with respect to the repair and replacement of defective work which it holds from or against Landlord's contractor or other parties with respect to such improvements repairs and/or alterations, and shall thereafter cooperate with Tenant in enforcing the same. Upon expiration or earlier termination of this is Lease, all such warranties and rights shall automatically revert to Landlord and Tenant shall execute and deliver to Landlord all such documents reasonably requested by Landlord to document such reversion. All damage or injury done to the Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault , or negligence which is not adequately covered by insuranceany persons who may be in or upon the Premises with the consent of Tenancy, shall be paid for by Tenant.

Appears in 1 contract

Sources: Lease (Entertainment Internet Inc)

Repairs and Alterations. (14.1) Tenant shall keep agrees by taking possession of premises that premises are then in a tenantable and maintain the Leased Premises in good repair and condition; keep in that Tenant will take good running order care of premises, and the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless same will not be altered or changed without written consent of the manner in which same may have been broken, unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If any elevators, escalators, lifts, machinery or appliances (herein called "equipment") are situate on the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefromLandlord. Tenant shall not make changes to locks on doors or add or in any alterations ofway change any shelving, additions to wall covering, or changes in the Leased Premises or equipment any fixtures without the prior first obtaining written consent of Landlord. Any wall hangings should be carefully hung with small nails, first applying scotch tape to the wall so the paint will not chip when the nail is removed. Any repairs of the wall s necessary because of damage caused by wall decorations installed by Tenant shall be paid for by Tenant. Al damage or injury done to premises by Tenant or by any persons who may be in or upon premises with the consent of Tenant, shall be paid for by Tenant, and Tenant shall pay for all damage to the building caused by Tenant's misuse of premises or the appurtenances thereto. Tenant shall pay for the replacement of doors or windows of premises which consent are cracked, broken or damaged by Tenant, its employees, agent or invitee and Tenant shall not be unreasonably withheldput any curtains, and all draperies, or other hangings on or beside the windows in premises without first obtaining Landlord's consent. All alterations, changes additions, and improvements, except fixtures installed by whomsoever madeTenant and which are removable without damage to the building, shall be become the property of Landlord. (14.2) . Tenant agrees that all additions and improvements and attached equipment and fixtures installed in or on the Leased Premises by the Tenantshall, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so lease by the Landlordexpiration of time or otherwise, in which event Tenant agrees surrender and deliver up premises to do so and to repair promptly any damage caused by such removal. (14.3) Nothing contained in this Lease shall be construed as requiring Landlord to make any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls and roof. This does not include the repairing of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement of the original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the Leased Premises and equipment in as good a condition as aforesaid when received by Tenant from Landlord. Tenant agrees that if the same are damaged or destroyed by fire or otherwisehe moves out prior to one year from date of this lease, unless caused by Landlord shall be entitled to add a One Hundred Dollars ($100) charge to Tenant's fault or negligence which is not adequately covered by insuranceclosing statement to cover the expense of Landlord's repainting Tenant's office.

Appears in 1 contract

Sources: Lease Agreement (Eclipse Entertainment Group Inc)

Repairs and Alterations. (14.1) 9.1 The Tenant shall keep and maintain the Leased Premises in good repair and condition; keep in good running order the heating and air conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks and deliver keys to Landlord after replacement of locks, trimmings, glass and plate glass broken during the tenancy, regardless interior of the manner Property clean, tidy and in which the same may have been brokencondition as at the start of the Tenancy (except for fair wear and tear). 9.2 If the Property has a garden, unstop the Tenant shall keep it clean and tidy, and free from rubbish and weeds. The Tenant shall not plant deep rooted plants in any garden forming part of the Property. 9.3 The Tenant shall keep the inside and outside of all water fixtures windows that may become choked the Tenant can reasonably reach clean. 9.4 The Tenant shall promptly replace and repair pay for all water broken glass at the Property where the Tenant, or the Tenant's family or visitors cause the breakage. 9.5 The Tenant shall not cause any blockage to the drains, gutters and pipes of the Property. The Tenant shall take reasonable steps to prevent frost damage occurring to any pipes or other installations in the Property, provided the pipes and plumbing that may burstother installations were adequately insulated at the start of the Tenancy. If This obligation does not require the Tenant to carry out any elevators, escalators, lifts, machinery works or appliances (herein called "equipment") are situate on repairs for which the Leased Premises, Tenant shall care for, maintain and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages or injuries to persons and property arising therefrom. is liable under clause 11.5. 9.6 The Tenant shall not make any alterations ofalteration, additions to addition, or changes in redecorate the Leased Premises or equipment Property without the Landlord’s prior written consent (which shall be at its absolute discretion) 9.7 The Tenant shall take taking reasonable steps to keep the Property adequately ventilated and heated so as to prevent damage from condensation which shall include the purchase and replacement of Landlordconsumable items such as filters. 9.8 The Tenant must take reasonable care of the Common Parts and keep unobstructed in accordance with the following (including but not limited to): (a) not obstruct corridors, staircases, lifts, fire doors or fire fighting equipment; (b) to place household refuse in allocated communal bins provided but to ensure that any large items of refuse e.g. furniture, electrical goods are not placed in the bin area. The Tenant is responsible for arranging collection of these items at their own expense or by taking them to the local refuse site; (c) not overload the structure of the Building; (d) not smoke or vape in communal areas; (e) barbecues and outdoor cooking and any other activity involving a naked flame are prohibited; (f) not to use or permit to be used such part or parts of the external Common Parts as are from time to time laid out as gardens other than for normal recreational purposes only and not for the playing of games of any description or any other sport or pastime which consent may annoy or inconvenience any other person or persons living in the Building; (g) bicycles, skates or skateboards should not be used or ridden at any time anywhere on the external Common Parts; (h) smoking is not permitted anywhere in the internal Common Parts. 9.9 The Tenant shall not be unreasonably withheldthrow any article from windows, landings, Balconies or corridors. The Tenant must keep Balconies in a neat and all alterationstidy condition throughout the Tenancy. The Tenant is not to store bicycles, changes and improvementsscooters, by whomsoever madeprams, shall be rubbish, refuse containers or any other items on the property of LandlordBalconies. 9.10 The Tenant shall not: (14.2a) dry or air wash or hang items out of windows (including window boxes) or in front of the Property; nor (b) fix window boxes or anything else outside or placed on or over any balcony or patio rails. 9.11 The Tenant agrees must not: (a) keep in the Property any dangerous or inflammable goods or materials or substances in the Property or Common Parts or Leisure Premises apart from those required for normal residential purposes; (b) bring onto or keep at the Property anything that all additions may compromise the safety of people in the Building; (c) overload any part of the Property or any plant, machinery, equipment or conducting media not exclusively serving the Property; (d) display or hang any window boxes, clothes washing, advertisement notices, aerials, satellite dishes or similar telecommunication apparatus from the Property; nor (e) use or permit to be used any barbeques or heated patio fitment at the Property. 9.12 The Tenant must not and improvements must procure that persons using and attached occupying the Property do not play music or use equipment or apparatus that produces sound that can be heard outside the Property. 9.13 The Tenant shall, where required, give the Landlord access for meter readings where centralised and fixtures installed in relation to any repairs relating to your heat interface unit and the related heating and hot water system. 9.14 The Tenant will be liable for the reasonable cost of repairs where the need for them is attributable to the Tenant's failure to comply with the obligations set out above in clause 10 or on where the Leased Premises by need for repair is attributable to the fault or negligence of the Tenant, including but not being limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awnings frames floor coverings, landscaping, furnaces and air conditioning machinery and equipment, shall immediately become the property any Lawful Occupier or any of the Landlord and shall not be removed by Tenant at the termination of this Lease, unless requested to do so by the Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removalTenant's visitors. (14.3) Nothing contained in this Lease shall be construed 9.15 The Tenant must notify the Landlord as requiring Landlord to make soon as reasonably possible about any repairs, except of a structural nature. Landlord shall maintain and make all necessary structural repairs that are needed to the foundations, load bearing walls Property or to any items listed on the Inventory and roof. This does Schedule of Condition for which the Landlord is responsible. 9.16 The Tenant must not include and must procure that any persons using and occupying the repairing Property do not any act in breach of any glass or moving parts such as passage and overhead doors. (The Tenant will maintain the ------ common areas as outlined regulations in the Addendum.) alterations, rebuilding, replacements, changes or additions placed by Tenant thereon, in as good condition and repair as the same were in at the commencement respect of the original term, normal wear and tear excepted; provided, however, Property or Building notified to the Tenant shall not be required in writing from to return the Leased Premises and equipment in as good condition as aforesaid if the same are damaged or destroyed by fire or otherwise, unless caused by Tenant's fault or negligence which is not adequately covered by insurancetime.

Appears in 1 contract

Sources: Assured Shorthold Tenancy Agreement