Common use of Repairs and Alterations Clause in Contracts

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: (a) 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.

Appears in 2 contracts

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

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Repairs and Alterations. 9.01. Tenant shall promptly provide A. Except to the extent such obligations are imposed upon Landlord with notice of any conditions in the Premises that are dangerous or in need of maintenance or repair. hereunder, Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that as are not Landlord’s express responsibility under this Lease, and necessary to keep the Premises same in good condition and repairrepair throughout the entire Lease Term, reasonable wear and tear excepted. Tenant’s 's repair and maintenance obligations with respect to the Premises shall include, without limitation, any necessary repairs with respect to: (a1) any carpet or other floor covering; , (b2) any interior partitions; , (c3) any doors; , (d4) the interior side of any demising walls; , (e5) Alterations any telephone and computer cabling that serves Tenant's equipment exclusively, (described in Section 9.03); (f6) any supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbingany plumbing in connection therewith, and similar facilities exclusively 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, whether such items are installed policies and procedures reasonably enacted by Tenant or are currently existing Landlord from time to time for the performance of work 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 belowBuilding. If Tenant fails to make any necessary repairs to the Premises for more than 15 within ten (10) days after written notice from Landlord (although provided that no prior notice shall not be required in the event of an emergency), Landlord may may, at its option, make the such repairs, and, within 30 days after demand, and Tenant shall pay the reasonable cost of thereof to the repairsLandlord on demand as Additional Base Rental, together with an administrative charge in an amount equal to ten percent (10% %) of the cost of the such repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within 15 ten (10) days after by Tenant or Landlord’s notice to Tenant, Landlord shall not exercise its right to make such repair on Tenant’s 's behalf so long as Tenant commences such repair within 5 ten (10) days after notice from Landlord and is diligently pursuing the same to completion. Landlord shall, at its expense (except as included in Basic Costs), keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon: (a) the roof, gutters, downspouts, if any, and all other structural elements of the Building; and (b) all mechanical, 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.

Appears in 2 contracts

Samples: Office Lease Agreement (Viewlocity Inc), Office Lease Agreement (Viewlocity Inc)

Repairs and Alterations. 9.01. (a) Tenant shall promptly provide Landlord with notice of any conditions in the Premises that are dangerous or in need of maintenance or repair. Tenantshall, at its sole cost and expense, shall promptly perform all maintenance and repairs to the Premises that are not Landlord’s 's express responsibility under this Lease, and shall keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s 's repair and maintenance obligations include, without limitation, repairs to: (ai) floor coveringcoverings; (bii) interior partitions; (ciii) doorsinterior doors (including door(s) from Common Areas into the Premises); (div) the interior side of demising walls; (ev) Alterations electronic, phone and data cabling and related equipment (described collectively, "Cable") that is installed by or for the exclusive benefit of Tenant and located in Section 9.03)the Premises or other portions of the Building; (fvi) supplemental any Auxiliary Generator and Fuel Supply (defined below) that is installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the Building, (vii) air conditioning units, private showers and kitchens, including hot water heaters, plumbing, and similar facilities serving Tenant exclusively; (viii) Tenant's personal property and effects, including without limitation, laboratory benches and trade equipment; (ix) Alterations performed by contractors retained by Tenant, including related HVAC balancing; (x) Tenant duct work or conduits located in chaseways and/or exhaust equipment and systems located within or exclusively serving Tenant, whether such items are installed by Tenant or are currently existing in the Premises; and (gxi) electronicall other repairs within the Premises, fiberincluding, phone without limitation, those required to plumbing, mechanical, electrical and data cabling HVAC systems located within or exclusively serving the Premises up to and related equipment that is installed by including the tie-in or for point of connection to the exclusive benefit of Tenant (collectively, “Cable”)base Building systems. All repairs and other work performed by Tenant or its contractors, including that involving Cable, shall be subject performed in accordance with the rules and procedures described in Section 10(c) below. Tenant shall provide customary cleaning and rubbish removal service to the terms of Section 9.03 belowPremises on each business day as required. If Tenant fails to make any repairs to the Premises for which Tenant is responsible hereunder for more than 15 days (or if the repair is of a nature that it can not reasonably be completed within 15 days, fails to exercise efforts to commence the repair within 15 days) after written notice from Landlord (although notice shall not be required in if there is an emergency), Landlord may make the repairs, and, within 30 days after demand, and Tenant shall pay the reasonable cost of the repairsrepairs to Landlord within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 105% of the cost of the repairs. Notwithstanding (b) Landlord shall keep and maintain in good repair and working order and make repairs to and perform maintenance upon: (i) structural elements of the foregoingBuilding; (ii) the base Building Systems including the mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building in general but excluding those for which Tenant is responsible, such as the tie-ins or point of connection with those systems which are located within or exclusively serving the Premises; (iii) Common Areas; (iv) the roof of the Building, including the roof membrane; (v) exterior windows of the Building and common area doors; and (vi) elevators serving the Building. Landlord shall promptly make repairs (considering the nature and urgency of the repair) for which Landlord is responsible. If Landlord fails to make any repairs to the Premises for which Landlord is responsible hereunder for more than 15 days (or if the repair to be performed by Tenant canis of a nature that it can not reasonably be completed within 15 days, fails to exercise efforts to commence the repair within 15 days) after written notice from Tenant (although notice shall not be required if there is an emergency), Tenant may make the repairs, and Landlord shall pay the reasonable cost of the repairs to Tenant within 30 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 completionreceipt of an invoice therefor.

Appears in 2 contracts

Samples: Lease (Kolltan Pharmaceuticals Inc), Lease (Kolltan Pharmaceuticals Inc)

Repairs and Alterations. 9.01. Tenant shall promptly provide A. Except to the extent such obligations are imposed upon Landlord with notice of any conditions in the Premises that are dangerous or in need of maintenance or repair. hereunder, Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that as are not Landlord’s express responsibility under this Lease, and necessary to keep the Premises same in good condition and repairrepair throughout the entire Lease Term, reasonable wear and tear excepted. Tenant’s 's repair and maintenance obligations with respect to the Premises shall include, without limitation, any necessary repairs with respect to: (a1) any carpet or other floor covering; , (b2) any interior partitions; , (c3) any doors; , (d4) the interior side of any demising walls; , (e5) Alterations any telephone and computer cabling that serves Tenant's equipment exclusively, (described in Section 9.03); (f6) any supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbingany plumbing in connection therewith, and similar facilities exclusively 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, whether such items are installed policies and procedures reasonably enacted by Tenant or are currently existing Landlord from time to time for the performance of work 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 belowBuilding. If Tenant fails to make any necessary repairs to the Premises for more than 15 days within a reasonable time after written notice from Landlord (although notice shall not be required except in an case of emergency), Landlord may may, at its option, make the such repairs, and, within 30 days after demand, and Tenant shall pay the reasonable cost of thereof to the repairsLandlord on demand as Additional Base Rental, together with an administrative charge in an amount equal to ten percent (10% %) of the cost of the such repairs. Notwithstanding the foregoingLandlord shall, if the at its expense (except as included in Basic Costs), keep and maintain in good repair and working order and make all repairs 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.perform necessary maintenance

Appears in 1 contract

Samples: Office Lease Agreement (Onyx Software Corp/Wa)

Repairs and Alterations. 9.01. Tenant shall promptly provide A. Except to the extent such obligations are imposed upon Landlord with notice of any conditions in the Premises that are dangerous or in need of maintenance or repair. hereunder, Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that as are not Landlord’s express responsibility under this Lease, and necessary to keep the Premises same in good condition and repairrepair throughout the entire Lease Term, reasonable wear and tear excepted. Tenant’s 's repair and maintenance obligations with respect to the Premises shall include, without limitation, any necessary repairs with respect to: (a1) any carpet or other floor covering; , (b2) any interior partitions; , (c3) any doors; , (d4) the interior side of any demising walls; , (e5) Alterations any telephone and computer cabling that serves Tenant's equipment exclusively, (described in Section 9.03); (f6) any supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbingany plumbing in connection therewith, and similar facilities exclusively 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, whether such items are installed policies and procedures reasonably enacted by Tenant or are currently existing Landlord from time to time for the performance of work 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 belowBuilding. If Tenant fails to make any necessary repairs to the Premises for more than 15 days after written notice from Landlord (although notice shall not be required in an emergency)Premises, Landlord may may, at its option, make the such repairs, and, within 30 days after demand, and Tenant shall pay the reasonable cost of thereof to the repairsLandlord on demand as Additional Base Rental, together with an administrative charge in an amount equal to ten percent (10% %) of the cost of the such repairs. Notwithstanding Landlord shall, at its expense (except as included in Basic Costs), keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon: (a) all structural elements of the foregoingBuilding; and (b) all mechanical, if electrical and plumbing systems that serve the repair Building in general; and (c) the Building facilities common to be performed by Tenant canall tenants including, but not reasonably be completed within 15 days after Landlord’s notice to limited to, the ceilings, walls and floors in the Common Areas. In addition, Landlord may elect, at the expense of Tenant, Landlord shall not exercise its right to make such repair on Tenant’s behalf so long as any damage or injury to the Building caused by moving property of Tenant commences such repair within 5 days after notice from Landlord and is diligently pursuing in or out of the same to completionBuilding, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or any Tenant Related Parties (hereinafter defined).

Appears in 1 contract

Samples: Office Lease Agreement (Merrill Corp)

Repairs and Alterations. 9.01(a) 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 promptly provide Landlord with notice keep the non-structural elements of any conditions in the Premises that are dangerous in good condition and repair (other than Project Systems and equipment and structural parts of the Premises), except to the extent the necessity for any such repairs or in need replacements results from the negligence or willful misconduct of maintenance Landlord, its employees, agents, representatives or repaircontractors. 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, shall perform all maintenance and repairs to the Premises reasonable satisfaction of Landlord; provided, however, that are not Landlord’s express responsibility under this Leasefor any repairs that may impact the structure or mechanical, 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: (a) 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 heaterselectrical, plumbing, heating, ventilation or air conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor (if competitively priced) and similar facilities exclusively serving Tenant, whether oversee all 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”)repairs. 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 Landlord may make any repairs to the Premises for more than 15 days 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 Landlord (although notice shall not be required in an emergency)receipt of said written notice, Landlord may make the repairs, and, within 30 days after demand, and charge Tenant shall pay for the reasonable cost of the repairsthereof, together with an administrative charge in an amount equal to 10% of the which cost of the repairsshall be paid by Tenant within thirty (30) business days from invoice from Landlord. Notwithstanding the foregoing, if 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 be performed occupants of the Project or otherwise constitutes a dangerous condition (in which event Landlord may make said repairs as soon as reasonably necessary given the particular circumstances). Except in the case of emergency, Landlord shall provide Tenant with forty-eight (48) hours prior written notice (unless such entry is approved by Tenant cannot reasonably be completed within 15 days after the on-site manager for a lesser time period or with respect to janitorial or normal periodic minor maintenance and upkeep) of Landlord’s notice intent to enter the Premises, shall use reasonable efforts to minimize any interference to Tenant, shall reasonably schedule such entries with Tenant and shall attempt to make 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 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”), (except in cases of emergency where Tenant’s conduct of the Permitted Use hereunder is adversely and materially affected, in which 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, 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 insured by 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 (10) business days after Tenant notifies Landlord of the same, 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 such removal. Landlord shall not exercise 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 same must be removed upon the expiration or earlier termination of this Lease. 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 plans, specifications, improvements, alterations or otherwise shall be paid by Tenant at its right sole cost and expense. Notwithstanding the above, Tenant shall have the right, without Landlord’s consent but upon ten (10) business days prior written notice to Landlord, to make such repair 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 entitled to receive an administrative/supervision fee (the “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 installed by or on behalf so long as of Tenant commences such repair within 5 days after notice from upon the expiration or earlier termination of this Lease unless Landlord and is diligently pursuing the same notifies Tenant of its election to completionretain same.

Appears in 1 contract

Samples: Standard Office Lease (Capitalsource Inc)

Repairs and Alterations. 9.01. Tenant shall promptly provide Landlord with notice of periodically inspect the Premises to identify any conditions in the Premises 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 and expense, shall promptly 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 and damage by casualty (subject to Article 16 below) excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) 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, 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 Tenant, or by Landlord for the benefit of 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”)) 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 Tenant fails to make any repairs to the Premises for more than 15 30 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 reasonable, out-of-pocket cost of the repairs, together with an administrative charge in an amount equal to 10% of the such 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.

Appears in 1 contract

Samples: Office Lease Agreement (Baxalta Inc)

Repairs and Alterations. 9.01. Tenant shall promptly provide A. Except to the extent such obligations are imposed upon Landlord with notice of any conditions in the Premises that are dangerous or in need of maintenance or repair. hereunder, Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that as are not Landlord’s express responsibility under this Lease, and necessary to keep the Premises same in good condition and repairrepair throughout the entire Lease Term, reasonable wear and tear and damage by fire or casualty excepted. Tenant’s 's repair and maintenance obligations with respect to the Premises shall include, without limitation, any necessary repairs with respect to: (a1) any carpet or other floor covering; , (b2) any interior partitions; , (c3) any doors; , (d4) the interior side of any demising walls; , (e5) Alterations any telephone and computer cabling that serves Tenant's equipment exclusively, (described in Section 9.03); (f6) any supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbingany plumbing in connection therewith, and similar facilities exclusively 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, whether such items are installed policies and procedures reasonably enacted by Tenant or are currently existing Landlord from time to time for the performance of work 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 belowBuilding. If Tenant fails to make any necessary repairs to the Premises for more than 15 days which are required to be made by Tenant within a reasonable time after written notice from Landlord (although notice shall not be required except in an case of emergency), Landlord may may, at its option, make the such repairs, and, within 30 days after demand, and Tenant shall pay the reasonable cost of thereof to the repairsLandlord on demand as Additional Base Rental, together with an administrative charge in an amount equal to ten percent (10% %) of the cost of the such repairs. Notwithstanding Landlord shall, at its expense (except as included in Basic Costs), keep and maintain in good repair and working order, in accordance with the foregoingstandards of a first-class office building in the area, if and make all repairs to and perform necessary maintenance upon: (a) all structural elements of the repair Building (including the roof and roof membrane, and foundations); and (b) all elevator, mechanical, electrical and plumbing systems that serve the Building in general; and (c) the Common Areas, Property and Building facilities common to be performed by Tenant canall tenants including, but not reasonably be completed within 15 days after Landlord’s notice to Tenantlimited to, 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 the ceilings, walls and is diligently pursuing floors in the same to completionCommon Areas.

Appears in 1 contract

Samples: Office Lease Agreement (Bsquare Corp /Wa)

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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. 9.01 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: (a) 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 fifteen (15) days after written notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and, within 30 thirty (30) days after Landlord’s demand, Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to ten percent (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.

Appears in 1 contract

Samples: Office Lease Agreement (Jaguar Animal Health, Inc.)

Repairs and Alterations. 9.01. Tenant shall promptly provide A. Except to the extent such obligations are imposed upon Landlord with notice of any conditions in the Premises that are dangerous or in need of maintenance or repair. hereunder, Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that as are not Landlord’s express responsibility under this Lease, and necessary to keep the Premises same in good condition and repairrepair throughout the entire Lease Term, reasonable wear and tear excepted. Tenant’s 's repair and maintenance obligations with respect to the Premises shall include, without limitation, any necessary repairs (except to the extent such repairs are necessitated by Landlord's or Landlord's agents negligent acts) with respect to: (a1) any carpet or other floor covering; , (b2) any interior partitions; , (c3) any doors; , (d4) the interior side of any demising walls; , (e5) Alterations any telephone and computer cabling that serves Tenant's equipment exclusively, (described in Section 9.03); (f6) any supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbingany plumbing in connection therewith, and similar facilities exclusively 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, whether such items are installed policies and procedures reasonably enacted by Tenant or are currently existing Landlord from time to time for the performance of work 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 belowBuilding. If Tenant fails to make any necessary repairs to the Premises for more than 15 days after written notice from Landlord (although notice shall not be required in an emergency)Premises, Landlord may may, at its option and with twenty (20) days prior notice to Tenant, make the such repairs, and, within 30 days after demand, and Tenant shall pay the reasonable cost of thereof to the repairsLandlord on demand as Additional Base Rental, together with an administrative charge in an amount equal to ten percent (10% %) of the cost of the such repairs. Notwithstanding Landlord shall, at its expense (except as included in Basic Costs), keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon: (a) all structural elements of the foregoingBuilding; and (b) all mechanical, if electrical and plumbing systems that serve the repair Building in general; and (c) the Building facilities common to be performed by Tenant canall tenants including, but not reasonably be completed within 15 days after Landlord’s notice to Tenantlimited to, 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 the ceilings, walls and is diligently pursuing floors in the same to completionCommon Areas.

Appears in 1 contract

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

Repairs and Alterations. 9.01. Tenant shall promptly provide A. Except to the extent such obligations are imposed upon Landlord with notice of any conditions in the Premises that are dangerous or in need of maintenance or repair. hereunder, Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that as are not Landlord’s express responsibility under this Lease, and necessary to keep the Premises same in good condition and repairrepair throughout the entire Lease Term, reasonable wear and tear and casualty damage not required to be repaired by Tenant hereunder excepted. Tenant’s 's repair and maintenance obligations with respect to the Premises shall include, without limitation, any necessary repairs with respect to: (a1) any carpet or other floor covering; , (b2) any interior partitions; , (c3) any doors; , (d4) the interior side of any demising walls; , (e5) Alterations any telephone and computer cabling that serves Tenant's equipment exclusively, and (described in Section 9.03); (f6) any supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbingany plumbing in connection therewith, 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”)exclusively. All repairs and other such work performed by Tenant or its contractors, including that involving Cable, shall be subject to the terms of performed in accordance with Section 9.03 10.C below. If Tenant fails to make any necessary repairs to the Premises for more than 15 Premises, Landlord may, at its option, after fifteen (15) days after written notice from Landlord to Tenant (although or such longer period as may be reasonably required to complete such repairs, provided that Tenant commences the same promptly after receipt of Landlord's notice shall not be required in an emergencyand thereafter diligently proceeds with the same), Landlord may make the such repairs, and, within 30 days after demand, and in such event Tenant shall pay the reasonable cost of thereof to the repairs, Landlord together with an administrative charge in an amount equal thereon of five percent (5%) of such costs, on demand as Additional Base Rental. Tenant, at its option, may at any time or from time to 10% of the cost of the repairs. Notwithstanding the foregoingtime, if the repair to be performed by Tenant cannot reasonably be completed within 15 days after Landlord’s written notice to Landlord, elect to have Landlord assume responsibility for the performance of any or all of Tenant's maintenance and repair obligations under this Section 10.A. In such event, Tenant shall pay to Landlord shall not exercise its right the costs incurred by Landlord to make perform such maintenance and repairs, as Additional Base Rent. Any such repair or maintenance costs shall be paid on Tenant’s behalf so long a monthly or other periodic basis, as Tenant commences such repair within 5 days after notice from mutually agreed upon by Landlord and is diligently pursuing Tenant at the same time of Tenant's request to completionLandlord for performance by Landlord of such services.

Appears in 1 contract

Samples: Office Lease Agreement (Informax Inc)

Repairs and Alterations. 9.019.01 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 conditions in the Premises that are dangerous or in need of maintenance or repairsuch conditions. 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 and damage by Casualty (defined in Section 16) and Taking (defined in Section 17) excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) 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.

Appears in 1 contract

Samples: Office Lease Agreement (Versant Corp)

Repairs and Alterations. 9.01. 9.01 Tenant shall promptly provide Landlord with notice of periodically inspect the Premises to identify any conditions in the Premises that are dangerous or in need of maintenance or repair. TenantTenant shall provide Landlord with notice in a timely manner of any conditions with respect to the Premises that are dangerous or which (a) are in need of repair or maintenance by Landlord (and Landlord is obligated to perform such repair pursuant to the terms of this Lease), or (b) are in need of repair and maintenance of a material nature. Tenant shall, 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: (a) 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; (f) supplemental air conditioning units, kitchens, including that involving Cablehot water heaters, shall be subject plumbing, and similar facilities exclusively serving Tenant; and (g) Alterations. In addition and notwithstanding anything to the terms contrary contain in Section 9.02 below, if Tenant is the Sole Tenant of the Building, Tenant’s repair obligations shall also include, without limitation, the following: (1) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building in general (including any equipment related thereto and located upon the roof of the Building); and (2) 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 9.03 9.02 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 (other than reasonable wear and tear). If Tenant fails to make commence any repairs to the Premises for more than 15 days after written notice from Landlord (although notice shall not be required in an emergency)) and diligently prosecute the same to completion, Landlord may make the repairs, and, within 30 days after demand, and Tenant shall pay the reasonable cost of the repairs. Tenant shall have no obligation to maintain the structural elements of the Building. Notwithstanding anything to the contrary set forth herein, and except to the extent caused by Tenant or any of the Tenant Related Parties’ acts and/or omissions, including any Alterations performed by or on behalf of Tenant, or as a result of a Casualty (in which case Section 16 shall control), so long as Tenant is the Sole Tenant of the Building, to the extent Landlord is made aware and Landlord determines in its sole discretion that any capital improvement (as distinguished from replacement parts or components installed in the ordinary course of business) must be made to properly repair, maintain, or replace any portion of the Premises for which Tenant is responsible, Landlord shall cause such work to be completed and Tenant shall pay the amortized portion of such expenditure in the manner described for capital expenses as set forth in Exhibit B to this Lease. Tenant shall be responsible for paying amortized amounts due during the Term and any extension thereof. If Tenant is the Sole Tenant of the Building 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 (i) heating, ventilating and air conditioning systems and equipment, (ii) fire/life safety systems and equipment, and (iii) if reasonably required by Landlord, any other plumbing, electrical or mechanical 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 within 45 days after the Commencement Date 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 an administrative charge in an amount equal any recommendations for maintenance, repair and/or replacement thereof. Said report shall be furnished to 10% of the cost of the repairsTenant with a copy to Landlord. Notwithstanding the foregoingLandlord may, if the repair to be performed by Tenant cannot reasonably be completed within 15 days after Landlord’s upon notice to Tenant, Landlord shall not exercise its right to make enter into such repair a service contract on Tenantbehalf of Tenant or perform the work and in either case charge Tenant the cost thereof along with a reasonable amount for Landlord’s behalf so long as Tenant commences such repair within 5 days after notice from Landlord and is diligently pursuing the same to completionoverhead.

Appears in 1 contract

Samples: Office Lease Agreement (Informatica Corp)

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