REPAIRS AND IMPROVEMENTS. The Landlord shall be obligated to maintain, at its own expense, the Premises in general, including but not limited to, the exterior structural elements, exterior pluvial, and sewage water systems, as well as pay for all other maintenance fees or repairs derived from the normal wear and tear of the exterior of the Premises, including roof and parking spaces, or any other repair or maintenance of the Premises not caused directly or indirectly by the actions of Tenant or Tenant's subcontractors. Maintenance of existing equipment, as well as procurement of spare parts and replacements within the Premises shall be Tenant's sole responsibility, such maintenance shall be performed in an optimal way to operate and preserve the equipment, by Tenant or third parties approved by Landlord; a biannual report must be presented by Tenant to Landlord on all maintenance activities performed on existing equipment within the premises. The Landlord shall cooperate with Tenant to enforce all such guarantees with respect to the Premises which will reduce Tenant's maintenance obligations, and shall not be obligated to maintain at its expense the interior and improvements of the Premises in general, even if such maintenance could be considered as necessary because of the normal wear and tear of the inside of the building, unless otherwise stated in the Lease. The Tenant shall bear the cost of any other repair such as broken glasses, burnt light bulbs, gaskets and, generally, any service accessory or accessories incorporated to the Premises. Any damages or repairs caused or generated by the Tenant's negligence or willful misconduct shall run at the Tenant's expense, as well as all of the secondary elements added to the Premises by the Tenant. Notwithstanding the foregoing, the Tenant shall not, without the prior written consent of the Landlord which shall not be unreasonably withheld or delayed, make changes or adjustments to the Premises, even if related to indoor or outdoor maintenance works. It shall not be necessary to obtain prior consent from the Landlord to make indoor changes, adjustments or maintenance works whenever these do not affect the Premises' structure or are not permanently affixed to the same. The Landlord shall respond to any request for approval of changes or adjustments to the Premises within ten (10) calendar days of its receipt of such request. If authorization is received, all improvements made by Tenant, shall be for the benefit of the Landlord, without giving rise to the Tenant to request a deduction in the rent or an economic compensation for these upon termination of the lease's term. Except that Tenant shall have the right to remove: (i) its trade fixtures and business equipment, and (ii) any other equipment installed by Tenant in or about the Premises, whether or not affixed to the building. If such changes, adjustments or improvements may cause the Premises to suffer any damage Tenant has two options: (i) leave the improvements to the benefit of Landlord or (ii) repair Premises of any such damages immediately, at its sole cost and expense. In case Landlord has consent to an improvement of the Premises and provided such improvements increase the market value of the Premises, increase in payment of land tax, due to such increase in market value, shall be compensated by Tenant to Landlord through an increase in the monthly rate payment.
Appears in 3 contracts
Samples: Lease Agreement (Establishment Labs Holdings Inc.), Lease Agreement (Establishment Labs Holdings Inc.), Lease Agreement (Establishment Labs Holdings Inc.)
REPAIRS AND IMPROVEMENTS. The Landlord shall be obligated to maintain, at its own expense, the Premises Leased Real Estate in general, including but not limited to, the exterior structural elements, exterior pluvial, and sewage water systems, as well as pay for all other maintenance fees or repairs derived from the normal wear and tear of the exterior of the Premises, including roof and parking spaces, or any other repair or maintenance of the Premises not caused directly or indirectly by the actions of Tenant or Tenant's subcontractors. Maintenance of existing equipment, as well as procurement of spare parts and replacements within the Premises shall be Tenant's sole responsibility, such maintenance shall be performed in an optimal way to operate and preserve the equipment, by Tenant or third parties approved by Landlord; a biannual report must be presented by Tenant to Landlord on all maintenance activities performed on existing equipment within the premisesLeased Real Estate. The Landlord shall cooperate with Tenant to enforce all such guarantees with respect to the Premises Leased Real Estate which will reduce Tenant's maintenance obligations, and but shall not be obligated to maintain at its is expense the interior and improvements of the Premises Leased Real Estate in general, even if such maintenance could be considered as necessary because of the normal wear and tear of the inside of the building, unless otherwise stated in the Lease. The Tenant shall bear the cost of any other repair such as broken glasses, burnt light bulbs, gaskets and, generally, any service accessory or accessories incorporated to the PremisesLeased Real Estate. Any damages or repairs caused caused, or generated by the Tenant's negligence or willful misconduct shall run at the Tenant's expense, as well as all of the secondary elements added to the Premises Leased Real Estate by the Tenant. Notwithstanding the foregoing, the Tenant shall not, without the prior written consent of the Landlord which shall not be unreasonably withheld or delayed, make changes or adjustments to the PremisesLeased Real Estate, even if related to indoor or outdoor maintenance works. It shall not be necessary to obtain prior consent from the Landlord to make indoor changes, adjustments or maintenance works whenever these do not affect the Premises' Leased Real Estate's structure or are not permanently affixed to the same. The Landlord shall respond to any request for approval of changes or adjustments to the Premises within ten (10) calendar days of its receipt of such request. If authorization is received, all investments, non-removable improvements made by Tenantor the removals that once removed may cause damage to the Leased Real Estate, shall be for the benefit of the Landlord, without giving rise to the Tenant to request a deduction in the rent or an economic compensation for these upon termination of the lease's term. Except that Tenant shall have the right to remove: (i) its trade fixtures and business equipment, and (ii) any other equipment installed by Tenant in or about the Premises, whether or not affixed to the building. If such changes, adjustments or improvements may cause the Premises to suffer any damage Tenant has two options: (i) leave the improvements to the benefit of Landlord or (ii) repair Premises of any such damages immediately, at its sole cost and expense. In case Landlord has consent to an improvement of the Premises and provided such improvements increase the market value of the Premises, increase in payment of land tax, due to such increase in market value, shall be compensated by Tenant to Landlord through an increase in the monthly rate payment.
Appears in 3 contracts
Samples: Lease Agreement (Establishment Labs Holdings Inc.), Lease Agreement (Establishment Labs Holdings Inc.), Lease Agreement (Establishment Labs Holdings Inc.)
REPAIRS AND IMPROVEMENTS. The On or before November 1, 1992, Landlord shall, at Landlord's expense, make improvements to the Premises as set forth on Exhibit "II" which is attached hereto and incorporated herein. Landlord shall deliver the Premises with all mechanical, electrical and plumbing systems and equipment in good working order. Landlord shall be obligated to maintainresponsible for maintenance and repair of the roof, at its own expenseexterior walls, foundation, downspouts, gutters and structural elements of the building of which the Premises are a part, unless such repair or maintenance is necessitated by any act or neglect of Tenant or anyone acting by, through or under Tenant. Except as provided in generalthe preceding paragraph, including Tenant shall promptly repair at Tenant's expense any damage to the Premises and to any equipment, systems and facilities therein, and will make all replacements thereto, whether such repairs and replacements be necessitated by ordinary wear and tear or other event of any kind, except a Casualty as provided in Section 3.2 hereof. Without limiting the generality of the foregoing, Tenant's maintenance, repair and replacement responsibilities shall include the interior of the Premises, all doors, windows, and loading docks, if any, and all electrical, mechanical, Tenant shall pay all expenses of operating and maintaining the Premises, including, but not limited to, the exterior structural elementsexpenses for refuse removal, exterior pluvialjanitorial services, carpet cleaning, and sewage water systemspainting. Upon vacating the Premises, Tenant shall surrender the Premises in as well good condition as pay for all other maintenance fees or repairs derived from the same were at the commencement of Tenant's original tenancy, excepting normal wear and tear and damage caused by a Casualty as provided in Section 3.2 hereof, unless such Casualty is caused by the negligence or intentional acts of Tenant or anyone acting by, through or under Tenant. Tenant shall not make any structural changes or alterations to the exterior Premises or install any equipment which may necessitate any changes or addition to, or overload or require the extraordinary use of, any utilities or any electrical, plumbing, or mechanical systems serving the Premises, without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld. Unless otherwise agreed in writing, at the conclusion of Tenant's occupancy of the Premises, including roof any alterations, improvements and parking spacesfixtures installed by Tenant in the Premises, at Landlord's option, shall either become the property of Landlord or any other repair or maintenance of the Premises not caused directly or indirectly by the actions of Tenant or be removed at Tenant's subcontractors. Maintenance of existing equipmentexpense, as well as procurement of spare parts and replacements within in which event the Premises shall be Tenant's sole responsibility, such maintenance shall be performed in an optimal way to operate and preserve the equipment, by Tenant or third parties approved by Landlord; a biannual report must be presented restored by Tenant to their condition existing at commencement of this Lease. Landlord agrees to indemnify and hold harmless the Tenant from any pre-existing or current condition on all maintenance activities performed on existing equipment within the premises. The Landlord shall cooperate with Tenant to enforce all such guarantees with respect to property of which the Premises which will reduce Tenant's maintenance obligations, and shall not be obligated to maintain at its expense are a part concerning the interior and improvements presence of the Premises in general, even if such maintenance could be considered as necessary because of the normal wear and tear of the inside of the building, unless otherwise stated in the Lease. The Tenant shall bear the cost of any other repair such as broken glasses, burnt light bulbs, gaskets and, generally, any service accessory or accessories incorporated to the Premises. Any damages or repairs caused or generated by the Tenant's negligence or willful misconduct shall run at the Tenant's expense, as well as all of the secondary elements added to the Premises by the Tenant. Notwithstanding the foregoing, the Tenant shall not, without the prior written consent of the Landlord which shall not be unreasonably withheld or delayed, make changes or adjustments to the Premises, even if related to indoor or outdoor maintenance works. It shall not be necessary to obtain prior consent from the Landlord to make indoor changes, adjustments or maintenance works whenever these do not affect the Premises' structure or are not permanently affixed to the same. The Landlord shall respond to any request for approval of changes or adjustments to the Premises within ten (10) calendar days of its receipt of such request. If authorization is received, all improvements made by Tenant, shall be for the benefit of the Landlord, without giving rise to the Tenant to request a deduction in the rent or an economic compensation for these upon termination of the lease's term. Except that Tenant shall have the right to remove: (i) its trade fixtures any "Hazardous Waste Substance" as defined by the Resource Conservation and business equipmentRecovery Act of 1976 (or regulations thereunder) as later amended, and (ii) any other equipment installed "Hazardous Substance" as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (or regulations thereunder) as later amended, (iii) any "Hazardous Substance" as defined in the Maryland Health Environmental Code, Title 7, Subtitle 2 (or regulations thereunder) as later amended, and (iv) any "Substance" (including asbestos) the presence, maintenance or storage of which on the Premises is prohibited by law. Tenant in shall not allow, permit, or about the Premises, whether or not affixed to the building. If such changes, adjustments or improvements may cause the Premises generation, use, accumulation, storage, treatment, transportation, disposal, release or threat of release of "Hazardous Waste Substance" as defined in the preceding paragraph and agrees to suffer any damage Tenant has two options: (i) leave indemnify and hold harmless the improvements to the benefit of Landlord or (ii) repair Premises of from any such damages immediately, at its sole cost condition during the term and expense. In case Landlord has consent to an improvement any renewals of the Premises and provided such improvements increase the market value of the Premises, increase in payment of land tax, due to such increase in market value, shall be compensated by Tenant to Landlord through an increase in the monthly rate paymentthis Lease.
Appears in 1 contract
REPAIRS AND IMPROVEMENTS. The Landlord shall be obligated to maintain, at its own expense, the Premises in general, including but not limited to, internal infrastructure (unless the repairs become necessary as a result of Tenant’s abnormal use of the premises) the exterior structural elementselements and infrastructure, exterior pluvial, and sewage water systems, as well as pay for all other maintenance fees or repairs derived from the normal wear and tear of the exterior of the Premises, including roof and parking spaces, or any other repair or maintenance of the Premises not caused directly or indirectly by the actions of Tenant or Tenant's ’s subcontractors. Maintenance of existing equipment, as well as procurement of spare parts and replacements within the Premises shall be Tenant's ’s sole responsibilityresponsibility unless those are necessary initial repairs of the equipment and/or are covered by the guarantees, such maintenance shall be performed in an optimal way to operate and preserve the equipment, by Tenant or third parties approved by Landlord; a and such approval. A. cannot be unreasonably withheld by Landlord. A biannual report must be presented by Tenant to Landlord on all maintenance activities performed on existing equipment within the premisesPremises. The Landlord shall cooperate with Tenant to enforce all such guarantees with respect to the Premises which will reduce Tenant's ’s maintenance obligations, and shall not be obligated to maintain at its expense the interior (with the exception of the infrastructure) and improvements of the Premises in general, even if such maintenance could be considered as necessary because of the normal wear and tear of the inside of the building, unless otherwise stated in the LeaseLease Agreement or due to damages to the infrastructure of the Building not caused by Tenant. The Tenant shall bear the cost of any other repair such as broken glasses, burnt light bulbs, gaskets and, generally, any service accessory or accessories incorporated to the Premises. Any damages or repairs caused or generated by the Tenant's ’s negligence or willful misconduct shall run at the Tenant's ’s expense, as well as all of the secondary elements added to the Premises by the Tenant. Notwithstanding the foregoing, the Tenant shall not, without the prior written consent of the Landlord which shall not be unreasonably withheld or delayed, make changes or adjustments to the Premises, even if related to indoor or outdoor maintenance works. It shall not be necessary to obtain prior consent from the Landlord to make indoor changes, adjustments or maintenance works whenever these do not affect the Premises' ’ structure or are not permanently affixed to the same. The Landlord shall respond to any request for approval of changes or adjustments to the Premises within ten (10) calendar days of its receipt of such request. If authorization is received, all improvements made by Tenant, shall be for the benefit of the Landlord, without giving rise to the Tenant to request a deduction in the rent or an economic compensation for these upon termination of the lease's Lease Agreement’s term. Except that Tenant shall have the right to remove: (i) its trade fixtures and business equipment, and (ii) any other equipment installed by Tenant in or about the Premises, whether or not affixed to the building. If such changes, adjustments or improvements may cause the Premises to suffer any damage Tenant has two options: (i) leave the improvements to the benefit of Landlord or (ii) repair Premises of Landlord any such damages immediately, at its sole cost and expense. In case Landlord has consent to an improvement of the Premises and provided such improvements increase the market value of the Premises, which results in an increase in payment of the land tax, due to Tenant shall compensate such increase in market value, shall be compensated by Tenant to Landlord through an increase in the monthly rate payment. For this purpose, Landlord shall demonstrate with documentation issued by the local government that such increase in the land tax is caused by the improvements made by Tenant.
Appears in 1 contract
Samples: Lease Agreement (Lpath, Inc)
REPAIRS AND IMPROVEMENTS. A. The Landlord shall be obligated to maintain, at its own expense, the Premises in general, including but not limited to, the exterior structural elements, exterior pluvial, and sewage water systems, as well as pay for all other maintenance fees or repairs derived from the normal wear and tear of the exterior of the Premises, including roof and parking spaces, or any other repair or maintenance of the Premises not caused directly or indirectly by the actions of Tenant or Tenant's subcontractors. Maintenance of existing equipment, as well as procurement of spare parts and replacements within the Premises shall be Tenant's sole responsibility, such maintenance shall be performed in an optimal way to operate and preserve the equipment, by Tenant or third parties approved by Landlord; a biannual report must be presented by Tenant to Landlord on all maintenance activities performed on existing equipment within the premises. The Landlord shall cooperate with Tenant to enforce all such guarantees with respect to the Premises which will reduce Tenant's maintenance obligations, and Lessor shall not be obligated required to make any repairs, alterations, additions or improvements to or upon said premises during the term of this lease, except only those hereinafter specifically provided for; the Lessee hereby agrees to maintain at its expense the and keep said leased premises including all interior and improvements exterior doors, heating, ventilating and cooling systems, interior wiring, plumbing fixtures and interior drain pipes in good order and repair during the entire term of this lease at Lessee's own cost and expense, and to replace all glass which may be broken or damaged during the Premises in general, even if such maintenance could be considered as necessary because of the normal wear and tear of the inside of the building, unless otherwise stated term hereof in the Lease. The Tenant shall bear the cost windows and doors of any other repair such said premises with glass of as broken glassesgood or better quality as that now in use; Lessee further agrees that Lessee will make no alterations, burnt light bulbs, gaskets and, generally, any service accessory additions or accessories incorporated improvements to the Premises. Any damages or repairs caused or generated by the Tenant's negligence or willful misconduct shall run at the Tenant's expense, as well as all of the secondary elements added to the Premises by the Tenant. Notwithstanding the foregoing, the Tenant shall not, upon said premises without the prior written consent of the Landlord which shall not be unreasonably withheld Lessor first being obtained.
B. The Lessor agrees to maintain in good order and repair during the term of this lease the exterior walls, roof, gutters, downspouts and foundations of the building on the demised premises and the sidewalks thereabouts. Lessor will maintain and keep any wiring, plumbing and drain pipes outside the building, but on the demised premises, in good repair during the term of this lease, except as such repairs are caused by the negligent acts or delayedwillful wrong doing of Lessee or agents, make changes employees, or adjustments to the Premises, even if related to indoor or outdoor maintenance workslicensees of Lessee. It shall not be necessary to obtain prior consent from is understood and agreed that the Landlord to make indoor changes, adjustments or maintenance works whenever these do not affect the Premises' structure or are not permanently affixed to the same. The Landlord shall respond to Lessor reserves and at any request for approval of changes or adjustments to the Premises within ten (10) calendar days of its receipt of such request. If authorization is received, and all improvements made by Tenant, shall be for the benefit of the Landlord, without giving rise to the Tenant to request a deduction in the rent or an economic compensation for these upon termination of the lease's term. Except that Tenant times shall have the right to remove: (i) its trade fixtures alter, repair or improve the building, or to add thereto and business equipmentfor that purpose at any time may erect scaffolding and all other necessary structures about and upon the demised premises and Lessor and Lessor's representatives, contractors and (ii) any other equipment installed by Tenant workmen for that purpose may enter in or about the Premisessaid demised premises with such materials as Lessor may deem necessary therefor, whether or and Lessee waives any claim to damages, including loss of business resulting therefrom, provided, however, that Lessor shall use its best efforts not affixed to interfere with the building. If such changes, adjustments or improvements may cause conduct and operation of Lessee's business at the Premises to suffer any damage Tenant has two options: (i) leave the improvements to the benefit of Landlord or (ii) repair Premises of any such damages immediately, at its sole cost and expense. In case Landlord has consent to an improvement of the Premises and provided such improvements increase the market value of the Premises, increase in payment of land tax, due to such increase in market value, shall be compensated by Tenant to Landlord through an increase in the monthly rate paymentdemised premises.
Appears in 1 contract
Samples: Commercial Lease (Crocs, Inc.)
REPAIRS AND IMPROVEMENTS. The Landlord Developer shall be obligated to maintain, at its own expense, of the Premises Leased Real Estate in general, including but not limited to, the exterior structural elements, exterior pluvial, and sewage water systems, and interior building systems as define at Exhibit One as well as pay for all other maintenance fees or repairs derived from the normal wear and tear of the exterior of the Premises, including roof and parking spaces, or any other repair or maintenance of the Premises not caused directly or indirectly by the actions of Tenant or Tenant's subcontractors. Maintenance of existing equipment, as well as procurement of spare parts and replacements within the Premises shall be Tenant's sole responsibility, such maintenance shall be performed in an optimal way to operate and preserve the equipment, by Tenant or third parties approved by Landlord; a biannual report must be presented by Tenant to Landlord on all maintenance activities performed on existing equipment within the premisesLeased Real Estate. The Landlord Developer shall cooperate with Tenant Lessee to enforce all ail such guarantees warrantees with respect to the Premises Leased Real Estate which will reduce TenantLessee's maintenance obligations, and but shall not be obligated to maintain at its is expense the interior and improvements of the Premises Real Estate in general, even if such maintenance could be considered as necessary because of the normal wear and tear of the inside of the building, unless otherwise stated in the Lease. The Tenant Lessee shall bear the cost of any other repair such as broken glasses, burnt light bulbs, gaskets and, generally, any service accessory or accessories incorporated to the PremisesReal Estate, except for those generated by the normal wear and tear of the Real Estate. Any damages or repairs caused or generated by the TenantLessee's negligence or willful misconduct shall run at the TenantLessee's expense, as well as all of the secondary elements added to the Premises by Leased Real Estate on behalf of the TenantLessee, except as set forth in section 5.11 below. Notwithstanding Without affecting the foregoingabove, the Tenant Lessee shall not, without the prior written consent of the Landlord Developer which shall not be unreasonably withheld or delayed, make changes or adjustments to the PremisesLeased Real Estate, even if related to indoor or outdoor maintenance works. It shall not be necessary to obtain prior consent from the Landlord Developer to make indoor changes, adjustments or maintenance works whenever these do not affect the Premises' Leased Real Estate's structure or are not permanently affixed to the same. The Landlord shall respond to any request for approval of changes or adjustments to the Premises within ten (10) calendar days of its receipt of such request. If authorization is received, all investments, non-removable improvements made by Tenantor the removals that once removed may cause damage to the Real Estate, shall be for the benefit of the LandlordDeveloper, without giving rise to the Tenant Lessee to request a deduction in the rent or an economic compensation for these upon termination of the lease's term. Except that Tenant shall have the right to remove: (i) its trade fixtures and business equipment, and (ii) any other equipment installed by Tenant in or about the Premises, whether or not affixed to the building. If such changes, adjustments or improvements may cause the Premises to suffer any damage Tenant has two options: (i) leave the improvements to the benefit of Landlord or (ii) repair Premises of any such damages immediately, at its sole cost and expense. In case Landlord has consent to an improvement of the Premises and provided such improvements increase the market value of the Premises, increase in payment of land tax, due to such increase in market value, shall be compensated by Tenant to Landlord through an increase in the monthly rate payment.
Appears in 1 contract
Samples: Lease Agreement (Novacept Inc)
REPAIRS AND IMPROVEMENTS. The A. Landlord shall not be required to make any repairs, alterations, additions or improvements to or upon said premises during the Term, except only those hereinafter specifically provided for; WSOD hereby agrees to maintain and keep said leased premises including all interior and exterior doors, heating, ventilating and cooling systems, interior wiring, plumbing fixtures and interior drain pipes in good order and repair during the Term at WSOD’s own cost and expense, and to replace all glass which may be broken or damaged during the Term in the windows and doors of said premises with glass of as good or better quality as that now in use, WSOD further agrees that WSOD will make no alterations, additions or improvements to or upon said premises without the written consent of Landlord first being obtained.
B. Landlord agrees to be responsible for and to bear all costs and expenses of the maintenance, repair and replacement during the Term of the exterior walls, roof(s), gutters, downspouts and structural elements and foundations of the building on the demised premises and the sidewalks thereabouts. Notwithstanding the language in Section 4(B)(iii), Landlord shall be obligated responsible for resurfacing the parking lot one time during the term of this lease within 120 days of WSOD’s written request. Landlord agrees to maintain, at its own expense, the Premises in general, including but not limited to, the exterior structural elements, exterior pluvial, be responsible for and sewage water systems, as well as pay for to bear all other maintenance fees or repairs derived from the normal wear costs and tear expenses of the exterior maintenance, repair and replacement during the Term of the Premisesany wiring, including roof plumbing and parking spaces, or any other repair or maintenance of the Premises not caused directly or indirectly by the actions of Tenant or Tenant's subcontractors. Maintenance of existing equipment, as well as procurement of spare parts and replacements within the Premises shall be Tenant's sole responsibility, such maintenance shall be performed in an optimal way to operate and preserve the equipment, by Tenant or third parties approved by Landlord; a biannual report must be presented by Tenant to Landlord on all maintenance activities performed on existing equipment within the premises. The Landlord shall cooperate with Tenant to enforce all such guarantees with respect to the Premises which will reduce Tenant's maintenance obligations, and shall not be obligated to maintain at its expense the interior and improvements of the Premises in general, even if such maintenance could be considered as necessary because of the normal wear and tear of the inside of drain pipes outside the building, unless otherwise stated in but on the Lease. The Tenant shall bear the cost of any other repair demised premises, except as such as broken glasses, burnt light bulbs, gaskets and, generally, any service accessory or accessories incorporated to the Premises. Any damages or repairs and replacements are caused or generated by the Tenant's negligence negligent acts or willful misconduct shall run at the Tenant's expensewrong doing of WSOD or agents, as well as all employees, or licensees of the secondary elements added to the Premises by the Tenant. Notwithstanding the foregoing, the Tenant shall not, without the prior written consent of the Landlord which shall not be unreasonably withheld or delayed, make changes or adjustments to the Premises, even if related to indoor or outdoor maintenance worksWSOD. It shall not be necessary to obtain prior consent from the is understood and agreed that Landlord to make indoor changes, adjustments or maintenance works whenever these do not affect the Premises' structure or are not permanently affixed to the same. The Landlord shall respond to reserves and at any request for approval of changes or adjustments to the Premises within ten (10) calendar days of its receipt of such request. If authorization is received, and all improvements made by Tenant, shall be for the benefit of the Landlord, without giving rise to the Tenant to request a deduction in the rent or an economic compensation for these upon termination of the lease's term. Except that Tenant times shall have the right to remove: (i) its trade fixtures alter, repair or improve the building, or to add thereto and business equipmentfor that purpose at any time may erect scaffolding and all other necessary structures about and upon the demised premises and Landlord and Landlord’s representatives, contractors and (ii) any other equipment installed by Tenant workmen for that purpose may with prior written consent to WSOD, enter in or about the Premisessaid demised premises with such materials as Landlord may deem necessary therefor, whether and WSOD waives any claim to damages, including loss of business resulting therefrom, provided, however, that Landlord shall use its best efforts not to interfere with the conduct and operation of WSOD’s business at the demised premises and shall use its best efforts to complete such work in a timely fashion; provided, further, however, in the event that such alteration, repair or not affixed improvement takes more than thirty (30) days, rent shall xxxxx to the building. If extent such changesalteration, adjustments repair of improvement has a material adverse effect on WSOD’s business or improvements may cause the Premises to suffer any damage Tenant has two options: (i) leave the improvements to the benefit of Landlord or (ii) repair Premises of any such damages immediately, at its sole cost and expense. In case Landlord has consent to an improvement of the Premises and provided such improvements increase the market value of the Premises, increase in payment of land tax, due to such increase in market value, shall be compensated by Tenant to Landlord through an increase in the monthly rate paymentoperations.
Appears in 1 contract
Samples: Commercial Lease (Markit Ltd.)
REPAIRS AND IMPROVEMENTS. The Landlord shall be obligated to maintain, at its own expense, the Premises in general, including but not limited to, the exterior structural elements, exterior pluvial, and sewage water systems, as well as pay for all other maintenance fees or repairs derived from the normal wear and tear of the exterior of the Premises, including roof and parking spaces, or any other repair or maintenance of the Premises not caused directly or indirectly by the actions of Tenant or Tenant's subcontractors. Maintenance of existing equipment, as well as procurement of spare parts and replacements within the Premises shall be Tenant's sole responsibility, such maintenance shall be performed in an optimal way to operate and preserve the equipment, by Tenant or third parties approved by Landlord; a biannual report must be presented by Tenant to Landlord on all maintenance activities performed on existing equipment within the premises. The Landlord shall cooperate with Tenant to enforce all such guarantees with respect to the Premises which will reduce Tenant's maintenance obligations, and shall not be obligated to maintain at its expense the interior and improvements of the Premises in general, even if such maintenance could be considered as necessary because of the normal wear and tear of the inside of the building, unless otherwise stated in the Lease. The Tenant shall bear the cost of any other repair such as broken glasses, burnt light bulbs, gaskets and, generally, any service accessory or accessories incorporated to the Premises. Any damages or repairs caused or generated by the Tenant's negligence or willful misconduct shall -12- run at the Tenant's expense, as well as all of the secondary elements added to the Premises by the Tenant. Notwithstanding the foregoing, the Tenant shall not, without the prior written consent of the Landlord which shall not be unreasonably withheld or delayed, make changes or adjustments to the Premises, even if related to indoor or outdoor maintenance works. It shall not be necessary to obtain prior consent from the Landlord to make indoor changes, adjustments or maintenance works whenever these do not affect the Premises' structure or are not permanently affixed to the same. The Landlord shall respond to any request for approval of changes or adjustments to the Premises within ten (10) calendar days of its receipt of such request. If authorization is received, all improvements made by Tenant, shall be for the benefit of the Landlord, without giving rise to the Tenant to request a deduction in the rent or an economic compensation for these upon termination of the lease's term. Except that Tenant shall have the right to remove: (i) its trade fixtures and business equipment, and (ii) any other equipment installed by Tenant in or about the Premises, whether or not affixed to the building. If such changes, adjustments or improvements may cause the Premises to suffer any damage Tenant has two options: (i) leave the improvements to the benefit of Landlord or (ii) repair Premises of any such damages immediately, at its sole cost and expense. In case Landlord has consent to an improvement of the Premises and provided such improvements increase the market value of the Premises, increase in payment of land tax, due to such increase in market value, shall be compensated by Tenant to Landlord through an increase in the monthly rate payment.
Appears in 1 contract
Samples: Lease Agreement