Common use of REPAIRS AND IMPROVEMENTS Clause in Contracts

REPAIRS AND IMPROVEMENTS. a) The Vendor acknowledges that the Venue will be used by the public and must be maintained at all times in a safe condition for those using it. b) The Vendor acknowledges and agrees to maintain the Venue in such a manner to meet standards of the Ontario “Occupiers’ Liability Act”. c) All improvements to the Venue shall accrue to the benefit of the Municipality and shall remain with the Municipality upon the termination of this agreement. d) The Vendor agrees that upon termination of the agreement they shall surrender possession of rented areas to the Municipality and shall leave it as good a condition as when this agreement commenced. Prior to such termination, there shall be a complete inspection of the Venue and an inventory taken of all contents, which are the property of the Municipality. e) Following the Municipality’s consent, the Vendor shall have the right to place on the Venue, at locations selected by the Vendor, any signs which are permitted by applicable zoning ordinances and private restrictions and within compliance of the Municipalities sign By-Law. The Municipality shall assist and cooperate with the Vendor in obtaining any necessary permission from authorities or adjoining owners and occupants for the Vendor to place or construct the foregoing signs. The Vendor shall repair all damage to the Venue resulting from the construction or removal of signs installed by the Vendor. The Municipality’s consent shall be reasonable in the circumstances. f) The Vendor, at the Vendor's expense, shall have the right following the Municipality's consent to make additions, improvements and replacements to the Venue related to the operation of the Food Truck from time to time as the Vendor may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. The Vendor shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the Venue and fasten the same to the Venue following the Municipality’s consent. All personal property, equipment, and temporary installations excluding servicing upgrades for connection to Municipal Hydro and Water, whether acquired by the Vendor at the commencement of the Agreement Term or placed or installed on the Venue by the Vendor thereafter, shall remain the Vendor's property free and clear of any claim by the Municipality. The Vendor shall have the right to remove the same at any time during the term of this Agreement provided that all damage to the Venue caused by such removal shall be repaired by the Vendor at the Vendor's expense.

Appears in 3 contracts

Sources: License Agreement, Licensing Agreement, Licensing Agreement

REPAIRS AND IMPROVEMENTS. a) The Vendor acknowledges that Landlord shall be obligated to maintain, at its own expense, the Venue will be used 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 public 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 maintained at presented by Tenant to Landlord on all times in a safe condition for those using it. b) maintenance activities performed on existing equipment within the premises. The Vendor acknowledges Landlord shall cooperate with Tenant to enforce all such guarantees with respect to the Premises which will reduce Tenant's maintenance obligations, and agrees shall not be obligated to maintain at its expense the Venue in such a manner to meet standards interior and improvements of the Ontario “Occupiers’ Liability Act”. c) All improvements 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 Venue Premises. Any damages or repairs caused or generated by the Tenant's negligence or willful misconduct shall accrue 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 Municipality and shall remain with Landlord, without giving rise to the Municipality upon Tenant to request a deduction in the termination of this agreement. d) The Vendor agrees that rent or an economic compensation for these upon termination of the agreement they shall surrender possession of rented areas to the Municipality and shall leave it as good a condition as when this agreement commencedlease's term. Prior to such termination, there shall be a complete inspection of the Venue and an inventory taken of all contents, which are the property of the Municipality. e) Following the Municipality’s consent, the Vendor Except that Tenant shall have the right to place on the Venue, at locations selected by the Vendor, any signs which are permitted by applicable zoning ordinances remove: (i) its trade fixtures and private restrictions and within compliance of the Municipalities sign By-Law. The Municipality shall assist and cooperate with the Vendor in obtaining any necessary permission from authorities or adjoining owners and occupants for the Vendor to place or construct the foregoing signs. The Vendor shall repair all damage to the Venue resulting from the construction or removal of signs installed by the Vendor. The Municipality’s consent shall be reasonable in the circumstances. f) The Vendor, at the Vendor's expense, shall have the right following the Municipality's consent to make additions, improvements and replacements to the Venue related to the operation of the Food Truck from time to time as the Vendor may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. The Vendor shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the Venue and fasten the same to the Venue following the Municipality’s consent. All personal property, business equipment, and temporary installations excluding servicing upgrades for connection to Municipal Hydro and Water(ii) any other equipment installed by Tenant in or about the Premises, whether acquired by or not affixed to the Vendor 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 the commencement its sole cost and expense. In case Landlord has consent to an improvement of the Agreement Term or placed or installed on Premises and provided such improvements increase the Venue by market value of the Vendor thereafterPremises, increase in payment of land tax, due to such increase in market value, shall remain be compensated by Tenant to Landlord through an increase in the Vendor's property free and clear of any claim by the Municipality. The Vendor shall have the right to remove the same at any time during the term of this Agreement provided that all damage to the Venue caused by such removal shall be repaired by the Vendor at the Vendor's expensemonthly rate payment.

Appears in 3 contracts

Sources: Lease Agreement (Establishment Labs Holdings Inc.), Lease Agreement (Establishment Labs Holdings Inc.), Lease Agreement (Establishment Labs Holdings Inc.)

REPAIRS AND IMPROVEMENTS. a) The Vendor acknowledges that Lessor shall maintain, at its sole expense, the Venue Premises, including but not limited to, the exterior structural elements, exterior pluvial, and sewage water systems. The Lessor shall cooperate with Lessee to enforce all such guarantees with respect to the Premises which will reduce the Lessee’s maintenance obligations, but shall not be used obligated to maintain at its expense-the interior of the Premises in general, even if such maintenance could be considered as necessary because of the normal wear and tear of the Building. The Lessee shall bear the cost of any other repair such as broken glass, burnt light bulbs, gaskets and, generally, any service accessory or accessories incorporated to the Premises. Subject to Section 5.11, any damages or repairs caused or generated by the public and must be maintained negligence or willful misconduct of Lessee or Lessee’s employees, officers and/or agents, visitors, or contractors, shall run at the Lessee’s expense, as well as all times in a safe condition for those using it. b) The Vendor acknowledges and agrees to maintain the Venue in such a manner to meet standards of the Ontario “Occupiers’ Liability Act”. c) All improvements secondary elements added to the Venue Premises by the Lessee. Notwithstanding the foregoing, the Lessee shall accrue not, without the prior written consent of the Lessor, which shall not be unreasonably withheld or delayed, make changes or adjustments to the Premises, even if related to indoor or outdoor maintenance work, however it is not necessary to obtain prior consent from the Lessor to make indoor changes, adjustments or maintenance work whenever these do not affect the Premises’ structure. The Lessor 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 the Lessee to the Premises shall be for the benefit of the Municipality Lessor and shall remain with as part of the Municipality upon Premises, without giving rise to the termination of this agreement. d) The Vendor agrees that Lessee to request a deduction in the rent or an economic compensation for these upon termination of the agreement they shall surrender possession of rented areas to the Municipality and shall leave it as good a condition as when this agreement commenced. Prior to such termination, there shall be a complete inspection term of the Venue and an inventory taken of all contentsLease, which are the property of the Municipality. e) Following the Municipality’s consent, the Vendor except that Lessee shall have the right to place on the Venueremove: (i) its trade fixtures and business equipment, at locations selected by the Vendor, and (ii) any signs which are permitted by applicable zoning ordinances and private restrictions and within compliance of the Municipalities sign By-Law. The Municipality shall assist and cooperate with the Vendor in obtaining any necessary permission from authorities or adjoining owners and occupants for the Vendor to place or construct the foregoing signs. The Vendor shall repair all damage to the Venue resulting from the construction or removal of signs other equipment installed by the VendorLessee in or about the Premises, whether or not affixed to the Building. The Municipality’s consent shall be reasonable in If the circumstances. f) The VendorPremises where to suffer, any damages from changes, adjustments or improvements done by the Lessee, or from the removal by Lessee of any such changes, adjustments or improvements, then the Lessee will have to repair any such damages immediately, at the Vendor's expense, shall have the right following the Municipality's consent to make additions, improvements its sole cost and replacements to the Venue related to the operation of the Food Truck from time to time as the Vendor may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. The Vendor shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the Venue and fasten the same to the Venue following the Municipality’s consent. All personal property, equipment, and temporary installations excluding servicing upgrades for connection to Municipal Hydro and Water, whether acquired by the Vendor at the commencement of the Agreement Term or placed or installed on the Venue by the Vendor thereafter, shall remain the Vendor's property free and clear of any claim by the Municipality. The Vendor shall have the right to remove the same at any time during the term of this Agreement provided that all damage to the Venue caused by such removal shall be repaired by the Vendor at the Vendor's expense.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (Hologic Inc)

REPAIRS AND IMPROVEMENTS. a) The Vendor acknowledges LESSEE shall, during the term and all continuations thereof, keep and at the expiration thereof, peaceably surrender possession of said premises in as good order and condition as the same now are. Reasonable wear and tear and damage by fire or other casualty not occurring through LESSEE’S negligence is expected. At the expiration of the Term of this lease LESSEE will deliver the keys to the office of the LESSOR. LESSEE shall not make any alterations, additions, or improvements, except those necessary for the business purposes stated in paragraph 2 above, without LESSOR’S written consent which shall not be unreasonably withheld. All alterations, additions, or improvements that will alter the Venue will physical make up of the building itself in any way, in addition to LESSOR’S approval, shall be used made by a reputable contractor approved by the public and must be maintained at all times in a safe condition for those using it. b) The Vendor acknowledges and agrees to maintain BRAA. All alterations, additions or improvements made by either party hereto upon the Venue in such a manner to meet standards of the Ontario “Occupiers’ Liability Act”. c) All improvements premises, that become permanent attachments to the Venue shall accrue to the benefit of the Municipality and shall building must remain with the Municipality building of this LEASE without molestation or injury upon the termination of this agreement. d) The Vendor agrees that upon termination of LEASE, whether the agreement they shall surrender possession of rented areas buildings and/or grounds be returned to the Municipality and shall leave it as good a condition as when this agreement commencedLESSOR or purchased by another party. Prior to such terminationAny electrical, there shall be a complete inspection of the Venue and an inventory taken of all contentsmechanical, which are the property of the Municipality. e) Following the Municipality’s consent, the Vendor shall have the right to place on the Venue, at locations selected and/or plumbing modifications/additions/revisions made by the Vendor, LESSEE are not considered permanent if they can be removed without any signs which are permitted by applicable zoning ordinances and private restrictions and within compliance of the Municipalities sign By-Law. The Municipality shall assist and cooperate with the Vendor in obtaining any necessary permission from authorities or adjoining owners and occupants for the Vendor to place or construct the foregoing signs. The Vendor shall repair all damage to the Venue resulting from building (such as new piping, transformer additions, air pipes). When any such electrical, mechanical, and/or plumbing modifications/additions/revisions are removed, the construction or removal of signs installed by LESSEE shall make every reasonable effort to restore the Vendorbuilding to its original condition. The Municipality’s consent LESSOR shall be reasonable in the circumstances. f) The Vendorresponsible for maintaining, at the Vendor's expenserepairing, shall have the right following the Municipality's consent to make additions, improvements and replacements to the Venue related to the operation replacing all major elements of the Food Truck from time to time building, such as the Vendor may deem desirablewalls, provided the same are made in a workmanlike manner and utilizing good quality materials. The Vendor shall have the right to place and install personal propertyfloor, trade fixturesfoundation, equipment and other temporary installations in and upon the Venue and fasten the same to the Venue following the Municipality’s consent. All personal propertyroof, equipmentwindows, plumbing, electric, water, and temporary installations excluding servicing upgrades sewage and existing HVAC systems as necessary for connection Lessee’s business purposes. LESSEE will be responsible for all snow removal unless a separate agreement arranging for snow removal is entered into with the Bradford Regional Airport Authority. LESSEE, will be responsible for replacement interior light bulbs, repair/replacement of all glass to Municipal Hydro include interior office and Waterexterior windows, whether acquired by minor plumbing repairs and maintenance. In the Vendor at event LESSEE does not promptly repair an item for which it is responsible, LESSOR may cause the commencement of repair to be made and LESSEE shall reimburse LESSOR for the Agreement Term or placed or installed on the Venue by the Vendor thereafter, shall remain the Vendor's property free and clear of any claim by the Municipalitycost thereof. The Vendor shall have the right to remove the same at any time during the term of this Agreement provided that all damage to the Venue caused by such removal LESSOR shall be repaired by the Vendor at the Vendor's expenseresponsible for exterior lighting.

Appears in 2 contracts

Sources: Lease Agreement (Olb Group, Inc.), Lease Agreement (Olb Group, Inc.)

REPAIRS AND IMPROVEMENTS. (a) The Vendor acknowledges It is acknowledged by the Lions Club that the Venue Centre will be used by the public and must be maintained at all times in a safe condition for those using it. (b) The Vendor Lions Club acknowledges and agrees to maintain the Venue Centre in such a manner to meet the standards of the Ontario “Occupiers’ Occupier’s Liability Act. (c) All Plans for all capital improvements and proposed major repairs shall be submitted for approval to the Municipality by the Club together with estimates of the cost of such work and no such work shall be authorized until the approval of the Municipality has been given. a. The Municipality shall be responsible for capital improvements to the Venue shell of the building (including windows, roof, brickwork, doors and exterior lighting) b. The Lions Club shall be responsible for cleaning supplies, furniture, PA system, and anything that benefits the programs held within. c. Both parties agree to split the costs for the purchasing of appliances deemed necessary for the operations of the facility. (d) The Lions Club undertakes to maintain in good and operating condition the Centre, including making repair investments from revenues. (e) All approved capital projects and improvements shall be paid from the “▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Community Centre Reserve Fund” maintained by the Municipality if such exists and has the required amount on deposit. (f) All capital improvements to the Centre shall accrue to the benefit of the Municipality and shall remain with the Municipality upon the termination of this agreement. d(g) The Vendor Municipality shall have the right to retain a key to the Centre and the right to enter the premises upon reasonable notice to the Lions Club for the purpose for conducting inspections of the condition and state of repair to the Centre. (h) The Lions Club agrees that upon termination of this agreement that they will surrender the agreement they shall surrender possession of rented areas the Centre to the Municipality and shall leave it in as good a condition as when this agreement commenced. Prior to such termination, there shall be a complete inspection of the Venue premises and an inventory taken of all contents, contents which are the property of the Municipality. e) Following the Municipality’s consent, the Vendor shall have the right to place on the Venue, at locations selected by the Vendor, any signs which are permitted by applicable zoning ordinances and private restrictions and within compliance of the Municipalities sign By-Law. The Municipality shall assist and cooperate with the Vendor in obtaining any necessary permission from authorities or adjoining owners and occupants for the Vendor to place or construct the foregoing signs. The Vendor shall repair all damage to the Venue resulting from the construction or removal of signs installed by the Vendor. The Municipality’s consent shall be reasonable in the circumstances. f) The Vendor, at the Vendor's expense, shall have the right following the Municipality's consent to make additions, improvements and replacements to the Venue related to the operation of the Food Truck from time to time as the Vendor may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. The Vendor shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the Venue and fasten the same to the Venue following the Municipality’s consent. All personal property, equipment, and temporary installations excluding servicing upgrades for connection to Municipal Hydro and Water, whether acquired by the Vendor at the commencement of the Agreement Term or placed or installed on the Venue by the Vendor thereafter, shall remain the Vendor's property free and clear of any claim by the Municipality. The Vendor shall have the right to remove the same at any time during the term of this Agreement provided that all damage to the Venue caused by such removal shall be repaired by the Vendor at the Vendor's expense.

Appears in 1 contract

Sources: Facility Use Agreement

REPAIRS AND IMPROVEMENTS. (a) It is acknowledged by The Vendor acknowledges Society that the Venue Pavilion will be used by the public and must be maintained at all times in a safe condition for those using it. (b) The Vendor Society acknowledges and agrees to maintain the Venue Pavilion in such a manner to meet the standards of the Ontario “Occupiers’ Occupier’s Liability Act. (c) All Plans for all capital improvements and proposed major repairs shall be submitted for approval to the Municipality by The Society together with estimates of the cost of such work and no such work shall be authorized until the approval of the Municipality has been given. a. The Municipality shall be responsible for capital improvements to the Venue shell of the building (including windows, roof, brickwork, doors and exterior lighting). b. The Society shall be responsible for cleaning supplies, furniture, and anything that benefits the programs held within the Pavilion. (d) The Society undertakes to maintain in good and operating condition the Pavilion, including making repair investments from revenues. (e) All capital improvements to the Pavilion shall accrue to the benefit of the Municipality and shall remain with the Municipality upon the termination of this agreement. d(f) The Vendor Municipality shall have the right to retain a key to the Pavilion and the right to enter the premises upon reasonable notice to The Society for the purpose for conducting inspections of the condition and state of repair to the Pavilion. (g) The Society agrees that upon termination of this agreement that they will surrender the agreement they shall surrender possession of rented areas the Pavilion to the Municipality and shall leave it in as good a condition as when this agreement commencedcommenced as per the Building Assessment Conditions report. Prior to such termination, there shall be a complete inspection of the Venue premises and an inventory taken of all contents, contents which are the property of the Municipality. e) Following the Municipality’s consent, the Vendor shall have the right to place on the Venue, at locations selected by the Vendor, any signs which are permitted by applicable zoning ordinances and private restrictions and within compliance of the Municipalities sign By-Law. The Municipality shall assist and cooperate with the Vendor in obtaining any necessary permission from authorities or adjoining owners and occupants for the Vendor to place or construct the foregoing signs. The Vendor shall repair all damage to the Venue resulting from the construction or removal of signs installed by the Vendor. The Municipality’s consent shall be reasonable in the circumstances. f) The Vendor, at the Vendor's expense, shall have the right following the Municipality's consent to make additions, improvements and replacements to the Venue related to the operation of the Food Truck from time to time as the Vendor may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. The Vendor shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the Venue and fasten the same to the Venue following the Municipality’s consent. All personal property, equipment, and temporary installations excluding servicing upgrades for connection to Municipal Hydro and Water, whether acquired by the Vendor at the commencement of the Agreement Term or placed or installed on the Venue by the Vendor thereafter, shall remain the Vendor's property free and clear of any claim by the Municipality. The Vendor shall have the right to remove the same at any time during the term of this Agreement provided that all damage to the Venue caused by such removal shall be repaired by the Vendor at the Vendor's expense.

Appears in 1 contract

Sources: Management Agreement