Common use of Repairs and Maintenance by Tenant Clause in Contracts

Repairs and Maintenance by Tenant. (a) Except for the repairs and maintenance that Landlord is specifically obligated to make or perform pursuant to Section 6.1 above, throughout the entire Term of this Lease, Tenant, at its expense, shall promptly make all repairs and replacements and perform maintenance in and to the Leased Premises and all equipment and fixtures therein or appurtenant thereto, that are necessary or desirable in order to keep the Leased Premises in good order, condition and repair and in safe, dry and tenantable condition. Without limiting the generality of the foregoing, Tenant, at its expense, shall maintain and promptly make any and all necessary repairs to or replacements of: (i) that portion of any pipes, lines, ducts, wires or conduits which are installed by Tenant or that exclusively serve the Leased Premises; (ii) the glass windows, plate glass doors, and all fixtures or appurtenances composed of glass that are located in or about the Leased Premises; (iii) Tenant's signs; (iv) the floors and floor coverings, doors and door frames, windows and window frames, walls, storefront including security gates, grilles or enclosures, locks and closing devices, partitions and ceilings in the Leased Premises; (v) heating, ventilating, air conditioning, electrical and plumbing system(s) equipment and fixtures (whether contained within or outside the Leased Premises) which are installed by Tenant or which exclusively serve the Leased Premises; and (vi) the Leased Premises or any part of the Shopping Center when repairs thereto are necessitated by any act or omission (negligent or otherwise) of Tenant or any of Tenant's agents, employees or invitees, or by the failure of Tenant to perform any of its obligations under this Lease. Notwithstanding the foregoing, Landlord shall be responsible for repairs and maintenance necessitated by the negligence or intentional acts of Landlord, its agents or employees. Notwithstanding any contrary provision of this Article VI, Tenant, at its expense, shall make any and all repairs to the Leased Premises as may be necessitated by any break-in, forcible entry or other trespass into or upon the Leased Premises, regardless of whether or not such entry and damage is caused by the negligence or fault of Tenant or occurs during or after business hours. Tenant, at its expense, shall change all air conditioning filters at least five (5) times per year and shall have the air conditioning system professionally inspected and generally serviced at least twice per year.

Appears in 2 contracts

Samples: Lease (Play Co Toys & Entertainment Corp), Lease (Play Co Toys & Entertainment Corp)

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Repairs and Maintenance by Tenant. (a) Except Tenant shall make and pay for the repairs and maintenance that Landlord is specifically obligated to make or perform pursuant to Section 6.1 above, throughout the entire Term of this Lease, Tenant, at its expense, shall promptly make all repairs and replacements and perform maintenance in and to the Leased interior of the Premises and shall replace all equipment and fixtures therein or appurtenant thereto, that are things necessary or desirable in order to keep the Leased same in a good state of repair, such as, but not limited to, all fixtures, furnishings, lighting, doors, and store signs of Tenant. Tenant shall maintain, replace and keep in good repair all air-conditioning, plumbing, heating and electrical installations for the Premises. Any air-conditioning unit supplied by Tenant shall remain in the Premises for the duration of the Lease Term and any renewals thereof, and shall become the property of the Landlord upon installation of such unit. Tenant shall at all times keep the Premises and the immediate areas in front, behind and adjacent to it, exterior entrances, all glass and show windows, moldings and bulkheads, and all partitions, doors, floor surfaces, fixtures, equipment and appurtenances thereof in good order, condition and repair repair, and in safea satisfactory condition of cleanliness. Tenant shall be fully responsible and liable for the maintenance and lighting of all its exterior signs, dry and tenantable conditionshall periodically repaint metal surfaces that rust or begin to deteriorate from any causes. Without limiting Any damage to the generality exterior walls to which a sign may be attached, including but not limited to rust stains and structural cracking of the facia, caused by Tenant's use of such sign, shall be repaired by Tenant at its own cost. Tenant shall make such other necessary repairs in and to the Premises not specified in Section 5.1 hereof as the responsibility of Landlord, and shall obtain, at Tenant's sole cost, a maintenance agreement, subject to Landlord's approval, with a reputable HVAC contractor for the servicing of the HVAC system throughout the Term of this Lease and all renewals thereafter. The agreement shall provide that the HVAC system shall be serviced at least four (4) times each year by the service provider. Landlord shall be provided with a copy of said agreement. In addition to the foregoing, Tenant shall install, repair, replace and maintain fire extinguishers and other fire prevention equipment, in accordance with the recommendations or requirements of Landlord's fire engineer or Landlord's fire insurance carrier or in accordance with any future recommendations of Landlord's fire insurance carrier or fire engineer, and in accordance with applicable governmental codes. All garbage and refuse shall be kept in the kind of container specified by Landlord or duly constituted public authority, and shall be placed outside of the Premises prepared for collection in the manner and at the times and places specified by Landlord. If Landlord shall provide or designate a service for picking up refuse and garbage, Tenant shall use same at Tenant, at its expense, 's cost. Tenant shall maintain and promptly make any and all necessary repairs to or replacements of: (i) that portion pay the cost of removal of any pipes, lines, ducts, wires or conduits which are installed by Tenant or that exclusively serve the Leased Premises; (ii) the glass windows, plate glass doors, and all fixtures or appurtenances composed of glass that are located in or about the Leased Premises; (iii) Tenant's signs; (iv) refuse or rubbish and maintain all common loading areas and areas adjacent to garbage receptacles in a clean manner satisfactory to the floors and floor coverings, doors and door frames, windows and window frames, walls, storefront including security gates, grilles or enclosures, locks and closing devices, partitions and ceilings Landlord. Should Tenant fail to keep the area around his garbage receptacle in the Leased Premises; (v) heating, ventilating, air conditioning, electrical and plumbing system(s) equipment and fixtures (whether contained within or outside the Leased Premises) which are installed a clean manner as specified by Tenant or which exclusively serve the Leased Premises; and (vi) the Leased Premises or any part of the Shopping Center when repairs thereto are necessitated by any act or omission (negligent or otherwise) of Tenant or any of Tenant's agents, employees or invitees, or by the failure of Tenant to perform any of its obligations under this Lease. Notwithstanding the foregoingLandlord, Landlord shall be responsible for repairs and maintenance necessitated by the negligence or intentional acts of Landlord, its agents or employeessubcontractors may clean such area and bill Xxxant for the cost of cleaning plus 20% overhead, to be paid upon presentation of the bill. Notwithstanding any contrary provision of this Article VI, Tenant, at its expense, shall make any If Tenant refuses or neglects to properly repair and/or maintain the Premises as required herein and all repairs to the Leased Premises reasonable satisfaction of Landlord as soon as reasonably possible after written demand, Landlord may, but shall not be obligated to, make such repairs and/or maintenance, without liability for any loss or damage that may be necessitated by any break-inaccrue to Tenant's merchandise, forcible entry fixtures, or other trespass into property or to Tenant's business by reason thereof, and upon completion thereof, Tenant shall pay Landlord's costs for making such repairs plus twenty percent (20%) for overhead, upon presentation of the Leased Premisesbill. Xxch bill xxxll include interest at the highest permissible non-usurious rate or, regardless if there is none, then at fifteen percent (15%) per annum on the cost from the date of whether or not such entry and damage completion of repairs until the date payment is caused received by the negligence or fault of Tenant or occurs during or after business hours. Tenant, at its expense, shall change all air conditioning filters at least five (5) times per year and shall have the air conditioning system professionally inspected and generally serviced at least twice per yearLandlord.

Appears in 1 contract

Samples: Maxxis Group Inc

Repairs and Maintenance by Tenant. Tenant shall, at Tenant's own cost and expense, keep and maintain the Premises and appurtenances thereto (aincluding replacements as necessary) Except for and every part thereof, in good order and repair except portions of the repairs and maintenance that Premises to be repaired by Landlord is specifically obligated to make or perform pursuant to Section 6.1 above9.01 hereof. Tenant shall also keep the heating, throughout cooling, and ventilation, water, sewer, electrical and sprinkler systems within or serving the entire Term of this LeasePremises in good order and repair and Tenant shall be liable for any damaged due or attributable to Tenant's failure to perform or cause such maintenance or repairs to be performed. Throughout the Term, TenantTenant shall enter into and maintain, at its expense, a maintenance contract with the service contractor designated from time to time by Landlord which contract shall promptly make all repairs provide for and replacements Tenant shall through such contractor perform or cause to be performed routine maintenance on the heating, cooling and perform ventilating system serving the Premises including, but not limited to, timely changing of filters (at least quarterly), adjustment and inspection of air handling mechanisms, control equipment, inspection, maintenance in and to performance of necessary lubrication, testing and other such normal maintenance procedures. In addition, throughout the Leased Premises term of this Lease, Tenant shall enter into and all equipment and fixtures therein or appurtenant thereto, that are necessary or desirable in order to keep the Leased Premises in good order, condition and repair and in safe, dry and tenantable condition. Without limiting the generality of the foregoing, Tenantmaintain, at its expense, a pest control contract with the pest control contractor designated from time to time by Landlord which contract shall maintain provide for and promptly make any Tenant shall, through such contractor, perform or cause to be performed, not less frequently than quarterly, routine pest control and all necessary repairs examination of and preventive treatment for vermin, insects and wood destroying organisms. All damage or injury to or replacements of: (i) that portion of any pipes, lines, ducts, wires or conduits which are installed by Tenant or that exclusively serve the Leased Premises; (ii) the glass windows, plate glass doors, and all fixtures or appurtenances composed of glass that are located in or about the Leased Premises; (iii) Tenant's signs; (iv) the floors and floor coverings, doors and door frames, windows and window frames, walls, storefront including security gates, grilles or enclosures, locks and closing devices, partitions and ceilings in the Leased Premises; (v) heating, ventilating, air conditioning, electrical and plumbing system(s) equipment and fixtures (whether contained within or outside the Leased Premises) which are installed by Tenant or which exclusively serve the Leased Premises; and (vi) the Leased Premises or any part of the Shopping Center when repairs thereto are necessitated Center, or the common areas, caused by any act or omission (negligent or otherwise) of Tenant or any negligence of Tenant's agents, employees it agent, employees, licensee, invitees or inviteesvisitors, or by the failure of Tenant to perform any of its obligations under this Lease. Notwithstanding the foregoing, Landlord shall be responsible promptly repaired by Tenant. Landlord may make such repairs which are not promptly made by Tenant and charge Tenant for the cost thereof, and Tenant hereby agrees to pay such amount to Landlord together with interest thereon at the highest legal rate not to exceed eighteen (18%) percent per annum from the date of such repairs and maintenance necessitated by as additional rent on demand. Tenant shall have no right to make repairs at the negligence or intentional acts expense of Landlord, its agents or employees. Notwithstanding any contrary provision of this Article VI, Tenant, at its expense, shall make any and all repairs to deduct the Leased Premises as may be necessitated by any break-in, forcible entry or other trespass into or upon cost thereof from the Leased Premises, regardless of whether or not such entry and damage is caused by the negligence or fault of Tenant or occurs during or after business hours. Tenant, at its expense, shall change all air conditioning filters at least five (5) times per year and shall have the air conditioning system professionally inspected and generally serviced at least twice per yearrent due hereunder.

Appears in 1 contract

Samples: Lease Agreement (Talk America)

Repairs and Maintenance by Tenant. (a) Except for Tenant, at all times, at its own expense, shall keep and maintain all portions of the repairs and maintenance that Premises not required to be maintained by Landlord is specifically obligated to make or perform pursuant to Section 6.1 above12.02 hereof, throughout the entire Term of this Lease, Tenant, at its expense, shall promptly make all repairs and replacements and perform maintenance in and to the Leased Premises and all equipment and fixtures therein or appurtenant thereto, that are necessary or desirable in order to keep the Leased Premises in good order, condition order and repair and in a neat, safe, dry clean and tenantable orderly condition, including, but not limited to, reasonable periodic painting and making all non-structural, ordinary and extraordinary, foreseen and unforeseen repairs and replacements to the Premises and its component systems. Without limiting The foregoing sentence shall obligate Tenant to repair, maintain and replace, without limitation, all entrances to the generality Premises, the storefront, the glass in all doors and windows of the foregoingPremises, Tenantall interior portions of the Premises, all trade fixtures, fixtures, signs and all walls thereof (except to the extent set forth in Section 12.02[a]), as well as plumbing, electrical, sprinkler, heating, ventilation and air conditioning systems, escalators and elevators, if any, mechanical systems, and sewer lines within the Premises or under the floor slab thereof, including free flow to the main sewer line, as well as all other apparatus or equipment which were installed by Tenant outside the Premises. Tenant shall not overload the electrical wiring serving the Premises or within the Premises, and will install, at its own expense, but only after obtaining Landlord's written approval, any additional electrical wiring which may be required in connection with the Premises. If Landlord, Landlord's management agent or affiliates thereof elect to provide heating, ventilating and air-conditioning inspection, adjustment, cleaning and repair services to Tenant, Tenant shall maintain utilize such services and promptly make any and all necessary repairs to or replacements of: (i) that portion of any pipes, lines, ducts, wires or conduits pay for the same at rates which are installed competitive within the same geographical area for similar services performed by Tenant or that exclusively serve the Leased Premisesothers; (ii) the glass windows, plate glass doors, and all fixtures or appurtenances composed of glass that are located in or about the Leased Premises; (iii) Tenant's signs; (iv) the floors and floor coverings, doors and door frames, windows and window frames, walls, storefront including security gates, grilles or enclosures, locks and closing devices, partitions and ceilings in the Leased Premises; (v) heating, ventilating, air conditioning, electrical and plumbing system(s) equipment and fixtures (whether contained within or outside the Leased Premises) which are installed by Tenant or which exclusively serve the Leased Premises; and (vi) the Leased Premises or any part of the Shopping Center when repairs thereto are necessitated by any act or omission (negligent or otherwise) of Tenant or any of Tenant's agents, employees or invitees, or by the failure of Tenant if Landlord elects not to perform any of its obligations under this Lease. Notwithstanding such services, the foregoing, Landlord Tenant shall be responsible contract for repairs and maintenance necessitated by the negligence or intentional acts of Landlord, its agents or employees. Notwithstanding any contrary provision of this Article VI, Tenant, at its expense, shall make any and all repairs to the Leased Premises as may be necessitated by any break-in, forcible entry or other trespass into or upon the Leased Premises, regardless of whether or not such entry and damage is caused by the negligence or fault of Tenant or occurs during or after business hours. Tenant, at its expense, shall change all air conditioning filters at least five (5) times per year and shall have the air conditioning system professionally inspected and generally serviced at least twice per yearservices with a qualified service contractor.

Appears in 1 contract

Samples: Lease (Hotel Discovery Inc)

Repairs and Maintenance by Tenant. (a) Except for the repairs and maintenance that Landlord is specifically obligated to make or perform pursuant to Section 6.1 above, throughout the entire Term of this Lease, Tenant, at its expense, shall promptly make all repairs and replacements and perform maintenance in and to the Leased Premises and all equipment and fixtures therein or appurtenant thereto, that are necessary or desirable in order to keep the Leased Premises in good order, condition and repair and in safe, dry and tenantable condition. Without limiting the generality of the foregoing, foregoing Tenant, at its expense, shall maintain and promptly make any and all necessary repairs to or replacements replacement of: (i) that portion of any pipes, lines, ducts, wires or conduits which are installed by Tenant or that exclusively serve the Leased Premises; (ii) the glass windows, plate glass doors, and all fixtures or appurtenances composed of glass that are located in or about the Leased Premises; (iii) Tenant's signs; (iv) the floors floor and floor coverings, doors and door frames, windows and window frames, walls, storefront including security gates, grilles or enclosures, locks and closing devices, partitions and ceilings in the Leased Premises; (v) heating, ventilating, air conditioning, electrical and plumbing system(s) equipment and fixtures (whether contained within or outside the Leased Premises) which are installed by Tenant or which exclusively serve the Leased Premises; and (vi) the Leased Premises or any part of the Shopping Center when repairs thereto are necessitated by any act or omission (negligent or otherwise) of Tenant or any of Tenant's agents, employees or invitees, or by the failure of Tenant to perform any of its obligations under this Lease. Notwithstanding the foregoing, Landlord shall be responsible for repairs and maintenance necessitated by the negligence or intentional acts of Landlord, its agents or employees. Notwithstanding any contrary provision of this Article VI, Tenant, at its expense, shall make any and all repairs to the Leased Premises as may be necessitated by any break-in, forcible entry or other trespass into or upon the Leased Premises, regardless of whether or not such entry and damage is caused by the negligence or fault of Tenant or occurs during or after business hours. Tenant, at its expense, shall change all air conditioning filters at least five (5) times per year and shall have the air conditioning system professionally inspected and generally serviced at least twice per year.

Appears in 1 contract

Samples: Lease (Silicon Entertainment Inc /Ca/)

Repairs and Maintenance by Tenant. (a) Except for the repairs and maintenance that Landlord is specifically obligated to make or perform pursuant to Section 6.1 above, throughout the entire Term of this LeaseTerm, Tenant, at its expense, shall promptly make all repairs and replacements and perform maintenance in and to the Leased Premises and all equipment and fixtures therein or appurtenant thereto, that are necessary or desirable in order to keep the Leased Premises in good order, condition and repair and in a safe, dry and tenantable condition. Without limiting the generality of the foregoing, Tenant, at its expense, shall maintain and promptly make any and all necessary repairs to or replacements of: (i) that portion of any pipes, lines, ducts, wires or conduits (whether contained within or outside the Leased Premises) which are installed by Tenant or that exclusively serve the Leased Premises; (ii) the glass windows, plate glass doors, and all fixtures or appurtenances composed of glass that are located in or about the Leased Premises; (iii) Tenant's signs; (iv) the floors and floor coverings, doors and door frames, windows and window frames, walls, storefront storefront, including security gates, grilles or enclosures, locks and closing devices, partitions and ceilings in the Leased Premises; (v) heating, ventilating, air conditioning, electrical and plumbing system(s) equipment and fixtures (whether contained within or outside the Leased Premises) which are installed by Tenant or which exclusively serve the Leased Premises; and (vi) the Leased Premises or any part of the Shopping Center when repairs thereto are necessitated by any act or omission (negligent or otherwise) of Tenant or any of Tenant's agents, employees or invitees, or by the failure of Tenant to perform any of its obligations under this Lease. Notwithstanding the foregoing, Landlord shall be responsible for repairs and maintenance necessitated by the negligence or intentional acts of Landlord, its agents or employees. Notwithstanding any contrary provision of this Article VI, Tenant, at its expense, shall make any and all repairs to the Leased Premises as may be necessitated by any break-in, forcible entry or other trespass into or upon the Leased Premises, regardless of whether or not such entry and damage is caused by the negligence or fault of Tenant or occurs during or after business hours. Tenant, at its expense, shall change all air conditioning filters at least five (5) times per year and shall have the air conditioning system professionally inspected and generally serviced at least twice per year.which

Appears in 1 contract

Samples: Lease (Play Co Toys & Entertainment Corp)

Repairs and Maintenance by Tenant. (a) Except for Tenant shall, at Tenant’s own cost and expense, keep and maintain the repairs Premises and maintenance that appurtenances thereto (including replacements as necessary) and every part thereof, in good order and repair except portions of the Premises to be repaired by Landlord is specifically obligated to make or perform pursuant to Section 6.1 above6.01 hereof. Tenant shall also keep the heating, throughout cooling and ventilation, water, sewer, electrical and sprinkler systems within or serving the entire Premises in good order and repair and Tenant shall be liable for any damages due or attributable to Tenant's , failure to perform or cause such maintenance or repairs to be performed. Throughout the Term of this Lease, Tenant, Tenant shall enter into and maintain at its expenseexpense a maintenance contract with the service contractor designated from time to time by Landlord, or selected by Tenant and approved in writing by Landlord, which contract shall promptly make all repairs provide for, and replacements Tenant shall through such contractor perform or cause to be performed, routine maintenance on the heating, cooling and ventilation system serving the Premises, including but not limited to timely changing of filters (at least quarterly), adjustment and inspection of air handling mechanisms, control equipment, inspection, maintenance and performance of necessary lubrication, testing and other such normal maintenance procedures. In addition, throughout the Term of this Lease, Tenant shall enter into and maintain at its expense a pest control contract with the pest control contractor designated from time to lime by Landlord, or selected by Tenant and approved in writing by Landlord, which contract shall provide for, and Tenant shall through such contractor perform maintenance in or cause to be performed, not less frequently than quarterly, routine pest control services and extermination of and preventive treatment for vermin, insects and wood destroying organisms. All damage or injury to the Leased Premises and all equipment and fixtures therein or appurtenant thereto, that are necessary or desirable in order to keep the Leased Premises in good order, condition and repair and in safe, dry and tenantable condition. Without limiting the generality of the foregoing, Tenant, at its expense, shall maintain and promptly make any and all necessary repairs to or replacements of: (i) that portion of any pipes, lines, ducts, wires or conduits which are installed by Tenant or that exclusively serve the Leased Premises; (ii) the glass windows, plate glass doors, and all fixtures or appurtenances composed of glass that are located in or about the Leased Premises; (iii) Tenant's signs; (iv) the floors and floor coverings, doors and door frames, windows and window frames, walls, storefront including security gates, grilles or enclosures, locks and closing devices, partitions and ceilings in the Leased Premises; (v) heating, ventilating, air conditioning, electrical and plumbing system(s) equipment and fixtures (whether contained within or outside the Leased Premises) which are installed by Tenant or which exclusively serve the Leased Premises; and (vi) the Leased Premises or any part of the Shopping Center when repairs thereto are necessitated Center, or the comm0f. areas, caused by any act or omission (negligent or otherwise) of Tenant or any negligence of Tenant's , its agents, employees employees, licensees, invitees or inviteesvisitors, or by the failure of Tenant to perform any of its obligations under this Lease. Notwithstanding the foregoing, Landlord shall be responsible promptly repaired by Tenant. Landlord may make such repairs which are not promptly made by Tenant and charge Tenant for the cost thereof, and Tenant hereby agrees to pay such amount to Landlord, together with interest thereon at the highest legal rate not to exceed eighteen (18%) percent per annum from the date of such repairs, as Additional Rent on demand. Tenant shall have no right to make repairs and maintenance necessitated by at the negligence or intentional acts expense of Landlord, its agents or employees. Notwithstanding any contrary provision of this Article VI, Tenant, at its expense, shall make any and all repairs to deduct the Leased Premises as may be necessitated by any break-in, forcible entry or other trespass into or upon cost thereof from the Leased Premises, regardless of whether or not such entry and damage is caused by the negligence or fault of Tenant or occurs during or after business hours. Tenant, at its expense, shall change all air conditioning filters at least five (5) times per year and shall have the air conditioning system professionally inspected and generally serviced at least twice per yearRent due hereunder.

Appears in 1 contract

Samples: Lease Agreement (Homeland Integrated Security Systems, Inc.)

Repairs and Maintenance by Tenant. (a) Except for the repairs and maintenance that Landlord is specifically obligated to make or perform pursuant to Section 6.1 above, throughout the entire Term of this Lease, Tenant, at its expense, shall promptly make all repairs and replacements and perform maintenance in and to the Leased Premises and all equipment and fixtures therein or appurtenant thereto, that are necessary or desirable in order to keep the Leased Premises in good order, condition and repair and in safe, dry and tenantable condition. Without limiting the generality of the foregoing, Tenant, at its expense, shall maintain and promptly make any and all necessary repairs to or replacements of: (i) that portion of any pipes, lines, ducts, wires or conduits (whether contained within or outside the Leased Premises) which are installed by Tenant or that exclusively serve the Leased Premises; (ii) the glass windows, plate glass doors, and all fixtures or appurtenances composed of glass that are located in or about the Leased Premises; (iii) Tenant's signs; (iv) the floors and floor coverings, doors and door frames, windows and window frames, walls, storefront including security gates, grilles or enclosures, locks and closing devices, partitions and ceilings in the Leased Premises; (v) heating, ventilating, air conditioning, electrical and plumbing system(s) equipment and fixtures (whether contained within or outside the Leased Premises) which are installed by Tenant or which exclusively serve the Leased Premises; and (vi) the Leased Premises or any part of the Shopping Center when repairs thereto are necessitated by any act or omission (negligent or otherwise) of Tenant or any of Tenant's agents, employees or invitees, or by the failure of Tenant to perform any of its obligations under this Lease. Notwithstanding the foregoing, Landlord shall be responsible for repairs and maintenance necessitated by the negligence or intentional acts of Landlord, its agents or employees. Notwithstanding any contrary provision of this Article VI, Tenant, at its expense, shall make any and all repairs to the Leased Premises as may be necessitated by any break-in, forcible entry or other trespass into or upon the Leased Premises, regardless of whether or not such entry and damage is caused by the negligence or fault of Tenant or occurs during or after business hours. Tenant, at its expense, shall change all air conditioning filters at least five (5) times per year and shall have the air conditioning system professionally inspected and generally serviced at least twice per year.

Appears in 1 contract

Samples: Lease (Play Co Toys & Entertainment Corp)

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Repairs and Maintenance by Tenant. (a) Except for the repairs repair and maintenance that obligations of Landlord is specifically obligated to make or perform pursuant to described in Section 6.1 above, throughout the entire Term of this Lease6.01, Tenant, at its expense, shall promptly make all repairs and replacements and perform maintenance in and to the Leased Premises and all equipment and fixtures therein or appurtenant thereto, that are necessary or desirable in order to keep the Leased Premises in good order, condition and repair and in safe, dry and tenantable condition. Without limiting the generality of the foregoing, Tenant, at its expense, shall maintain and promptly make any and all necessary repairs to or replacements replacement of: (i) that portion of any pipes, lines, ducts, wires or conduits which are installed by Tenant or that exclusively serve contained within and serving solely the Leased Premises; (ii) the glass storefront, including all windows, plate glass doors, glass, window frames and all fixtures or appurtenances composed of glass door frames, that are located contained in or about the Leased Premises; (iii) Tenant's signssign; (iv) the floors and floor coverings, doors and door framesdoors, windows and window frameswindows, walls, storefront including security gates, grilles or enclosures, locks and closing devices, partitions and ceilings in the Leased Premises; (v) heating, ventilating, air conditioning, electrical and plumbing system(s) equipment and fixtures (whether contained within or outside the Leased Premises) which are installed by Tenant or which exclusively serve serving solely the Leased Premises; and (vi) any part of the Leased Premises or any part of the Shopping Center Retail Development when repairs thereto are necessitated by any act or omission (negligent or otherwise) of Tenant or any of Tenant's , its agents, contractors, employees or invitees, or by the failure of Tenant to perform any of its obligations under this Lease. Notwithstanding the foregoing, Landlord shall be responsible for repairs and maintenance necessitated by the negligence or intentional acts of Landlord, its agents or employees. Notwithstanding any contrary provision of this Article VI, Tenant, at its expense, shall make any and all repairs to the Leased Premises as may be necessitated by any break-in, forcible entry or other trespass into or upon the Leased Premises, regardless of whether or not such entry and damage is caused by the negligence or fault of Tenant or occurs during or after business hours. Tenant, at its expense, shall change all air conditioning filters at least five (5) times per year and shall have the air conditioning system professionally inspected and generally serviced at least twice per year.

Appears in 1 contract

Samples: Ashworth Inc

Repairs and Maintenance by Tenant. (a) Except Tenant shall make and pay for the repairs and maintenance that Landlord is specifically obligated to make or perform pursuant to Section 6.1 above, throughout the entire Term of this Lease, Tenant, at its expense, shall promptly make all repairs and replacements and perform maintenance in and to the Leased interior of the Premises and shall replace all equipment and fixtures therein or appurtenant thereto, that are things necessary or desirable in order to keep the Leased same in a good state of repair, such as, but not limited to, all fixtures, furnishings, lighting, doors, and store signs of Tenant. Tenant shall maintain, replace and keep in good repair all air-conditioning, plumbing, heating and electrical installations for the Premises. Any air-conditioning unit supplied by Tenant shall remain in the Premises for the duration of the Lease Term and any renewals thereof, and shall become the property of the Landlord upon installation of such unit. Tenant shall at all times keep the Premises and the immediate areas in front, behind and adjacent to it, exterior entrances, all glass and show windows, moldings and bulkheads, and all partitions, doors, floor surfaces, fixtures, equipment and appurtenances thereof in good order, condition and repair repair, and in safea satisfactory condition of cleanliness. Tenant shall be fully responsible and liable for the maintenance and lighting of all its exterior signs, dry and tenantable conditionshall periodically repaint metal surfaces that rust or begin to deteriorate from any causes. Without limiting Any damage to the generality exterior walls to which a sign may be attached, including but not limited to rust stains and structural cracking of the facia, caused by Tenant's use of such sign, shall be repaired by Tenant at its own cost. Tenant shall make such other necessary repairs in and to the Premises not specified in Section 5.1 hereof as the responsibility of Landlord, and shall obtain, at Tenant's sole cost, a maintenance agreement subject to Landlord's approval, with a reputable HVAC contractor for the servicing of the HVAC system throughout the Term of this Lease and all renewals thereafter. The agreement shall provide that the HVAC system shall be serviced at least four (4) times each year by the service provider. Landlord shall be provided with a copy of said agreement. In addition to the foregoing, Tenant shall install, repair, replace and maintain fire extinguishers and other fire prevention equipment, in accordance with the recommendations or requirements of Landlord's fire engineer or Landlord's fire insurance carrier or in accordance with any future recommendations of Landlord's fire insurance carrier or fire engineer, and in accordance with applicable governmental codes. All garbage and refuse shall be kept in the kind of container specified by Landlord or duly constituted public authority, and shall be placed outside of the Premises prepared for collection in the manner and at the times and places specified by Landlord. If Landlord shall provide or designate a service for picking up refuse and garbage, Tenant shall use same at Tenant, at its expense, 's cost. Tenant shall maintain and promptly make any and all necessary repairs to or replacements of: (i) that portion pay the cost of removal of any pipes, lines, ducts, wires or conduits which are installed by Tenant or that exclusively serve the Leased Premises; (ii) the glass windows, plate glass doors, and all fixtures or appurtenances composed of glass that are located in or about the Leased Premises; (iii) Tenant's signs; (iv) refuse or rubbish and maintain all common loading areas and areas adjacent to garbage receptacles in a clean manner satisfactory to the floors and floor coverings, doors and door frames, windows and window frames, walls, storefront including security gates, grilles or enclosures, locks and closing devices, partitions and ceilings Landlord. Should Tenant fail to keep the area around his garbage receptacle in the Leased Premises; (v) heating, ventilating, air conditioning, electrical and plumbing system(s) equipment and fixtures (whether contained within or outside the Leased Premises) which are installed a clean manner as specified by Tenant or which exclusively serve the Leased Premises; and (vi) the Leased Premises or any part of the Shopping Center when repairs thereto are necessitated by any act or omission (negligent or otherwise) of Tenant or any of Tenant's agents, employees or invitees, or by the failure of Tenant to perform any of its obligations under this Lease. Notwithstanding the foregoingLandlord, Landlord shall be responsible for repairs and maintenance necessitated by the negligence or intentional acts of Landlord, its agents or employeessubcontractors may clean such area and bill Xxxant for the cost of cleaning plus 20% overhead, to be paid upon presentation of the bill. Notwithstanding any contrary provision of this Article VI, Tenant, at its expense, shall make any If Tenant refuses or neglects to properly repair and/or maintain the Premises as required herein and all repairs to the Leased Premises reasonable satisfaction of Landlord as soon as reasonably possible after written demand, Landlord may, but shall not be obligated to, make such repairs and/or maintenance, without liability for any loss or damage that may be necessitated by any break-inaccrue to Tenant's merchandise, forcible entry fixtures, or other trespass into property or to Tenant's business by reason thereof, and upon completion thereof, Tenant shall pay Landlord's costs for making such repairs plus twenty percent (20%) for overhead, upon presentation of the Leased Premisesbill. Xxch bill xxxll include interest at the highest permissible non-usurious rate or, regardless if there is none, then at fifteen percent (15%) per annum on the cost from the date of whether or not such entry and damage completion of repairs until the date payment is caused received by the negligence or fault of Tenant or occurs during or after business hours. Tenant, at its expense, shall change all air conditioning filters at least five (5) times per year and shall have the air conditioning system professionally inspected and generally serviced at least twice per yearLandlord.

Appears in 1 contract

Samples: Maxxis Group Inc

Repairs and Maintenance by Tenant. (a) Except Tenant shall make and pay for the repairs and maintenance that Landlord is specifically obligated to make or perform pursuant to Section 6.1 above, throughout the entire Term of this Lease, Tenant, at its expense, shall promptly make all repairs to the Building, whether structural or non-structural, mechanical or non--mechanical, including (without limitation) necessary repairs to the exterior walls, the roof, the slab, foundations, load bearing members, plumbing, pipes, and replacements conduits located outside the Leased Premises and perform maintenance necessary repairs to the sidewalks, parking areas (if any) and curbs, the fixtures and appurtenances in and to the Leased Premises and all equipment and fixtures therein or appurtenant thereto, that systems serving the Building and shall replace all things which are necessary to keep the same in a good state of repair and operating order. Tenant shall also maintain, replace and keep in good repair and operating order all plumbing, sprinklering, electrical installations, ceilings, inside walls and carpeting and floor surfaces, and all air-conditioning, ventilating and heating installations (whether located within or desirable in order to without the Leased Premises). Tenant shall at all times keep the Leased Premises and all exterior entrances, glass and show moldings, partitions, doors, floor surfaces, fixtures, equipment and appurtenances thereof in good order, condition and repair repair, and in safea reasonably satisfactory condition of cleanliness, dry and tenantable condition. Without limiting the generality including reasonably periodic painting of the foregoinginterior of the Leased Premises, Tenantand Tenant shall make all other necessary repairs in and to the Property. Tenant shall, at its expense, shall maintain and promptly make any and replace all necessary repairs to broken or replacements of: damaged glass or substitutes therefor, as the case may be. If (i) that portion Tenant does not repair or restore properly as required hereunder and to the reasonable satisfaction of any pipesLandlord, lines, ducts, wires or conduits which are installed by Tenant or that exclusively serve the Leased Premises; (ii) Landlord, in the glass windowsexercise of its sole discretion, plate glass doorsdetermines that emergency repairs are necessary, and all fixtures or appurtenances composed of glass that are located in or about the Leased Premises; (iii) Tenant's signs; (iv) repairs or replacements to the floors and floor coverings, doors and door frames, windows and window frames, walls, storefront including security gates, grilles or enclosures, locks and closing devices, partitions and ceilings in to the Leased Premises; (v) heating, ventilating, air conditioning, electrical and plumbing system(s) equipment and fixtures (whether contained within or outside the Leased Premises) which Property are installed by Tenant or which exclusively serve the Leased Premises; and (vi) the Leased Premises or any part of the Shopping Center when repairs thereto are necessitated made necessary by any act or omission or negligence of Tenant, its agents,employees, subtenants, assignees, concessionaires, contractors, invitees, licensees or visitors, then in any of such events Landlord may, after written notice to Tenant (negligent except in case of emergency in which case no notice shall be required), make such repairs or otherwisereplacements without liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures or other property or to Tenant's business by reason thereof, and upon completion thereof, or upon Landlord's obtaining or maintaining said contract Tenant shall pay Landlord's costs plus fifteen (15%) percent for overhead, upon presentation of a xxxx therefor, as additional rent. Said xxxx shall include Interest (as defined in Section 11.10) from the date such repairs were paid by Landlord to the contractor(s) making such repairs. The performance by Landlord of any such obligation shall not constitute a release or waiver of Tenant therefrom. Anything elsewhere in this lease to the contrary notwithstanding, if the Fire Insurance Exchange or any bureau, department or official of the federal, state or city government require or recommend the installation of a sprinkler system or that any changes, modifications, alterations, or additional sprinkler heads or other equipment be made or supplied to an existing sprinkler system by reason of Tenant's agents, employees or inviteesbusiness, or by the failure location of Tenant to perform any of its obligations under this Lease. Notwithstanding the foregoingpartitions, Landlord shall be responsible for repairs and maintenance necessitated by the negligence or intentional acts of Landlordtrade fixtures, its agents or employees. Notwithstanding any contrary provision of this Article VI, Tenant, at its expense, shall make any and all repairs to the Leased Premises as may be necessitated by any break-in, forcible entry or other trespass into or upon contents of the Leased Premises, regardless or if any such sprinkler system installations, changes, modifications, alterations, additional sprinkler heads or other such equipment, become necessary to obtain Landlord's insurance coverage or to prevent the imposition of whether a penalty or not such entry and damage is caused charge against the full allowance for a sprinkler system in the fire insurance rate set by the negligence any said Exchange or fault of by any fire insurance company, Tenant or occurs during or after business hours. Tenantshall, at its Tenant's expense, promptly make such sprinkler system installations, changes, modifications, alterations, and supply additional sprinkler heads or other equipment as required whether the work involved shall change all air conditioning filters at least five (5) times per year and shall have the air conditioning system professionally inspected and generally serviced at least twice per yearbe structural or non--structural in nature.

Appears in 1 contract

Samples: Lease (Western Beef Inc /De/)

Repairs and Maintenance by Tenant. (a) Except for the repairs and maintenance that Landlord is specifically obligated to make or perform pursuant to Section 6.1 7.1 above, throughout the entire Term of this Lease, Tenant, at its expense, shall promptly make all repairs and replacements and perform all maintenance in and to the Leased Premises and all equipment and fixtures therein or appurtenant thereto, that are necessary or desirable in order to keep the Leased Premises in good order, condition and repair and in safe, dry and tenantable condition. Without limiting the generality of the foregoing, Tenant, at its expense, shall maintain and promptly make any and all necessary repairs to or replacements of: (i) that portion of any pipes, lines, ducts, wires or conduits which are installed by Tenant or that exclusively serve the Leased Premises; (ii) the glass windows, plate glass doors, doors and all fixtures or appurtenances composed of glass that are located in in, on or about the Leased Premises; (iii) Tenant's signs; (iv) the floors and floor coverings, doors and door frames, windows and window frames, walls, storefront storefront, including security gates, grilles or enclosures, locks and closing devices, partitions and ceilings in the Leased Premises; (v) heating, ventilating, air conditioning, electrical and plumbing system(s) ), equipment and fixtures (whether contained within or outside the Leased Premises) which are installed by Tenant or which exclusively serve the Leased Premises; and (vi) the Leased Premises or any part of the Shopping Center when repairs thereto are necessitated by any act or omission (negligent or otherwise) of Tenant or any of Tenant's agents, employees employees, contractors or invitees, or by the failure of Tenant to perform any of its obligations under this Lease. Further, in the event any act of Tenant or any of its agents or contractors causes the warranty on the roof of the building in which the Leased Premises are situated to be voided or limited, Tenant shall be responsible for the cost of any roof maintenance or repairs that would have been covered by the roof warranty but for the act by Tenant or its agent or contractor that caused the roof warranty to be thus voided or limited. Notwithstanding the foregoing, Landlord shall be responsible for repairs and maintenance necessitated by the negligence or intentional acts of Landlord, its agents or employees. Notwithstanding any contrary provision of this Article VIVII, Tenant, at its expense, shall make any and all repairs to the Leased Premises as may be necessitated by any break-in, forcible entry or other trespass into or upon the Leased Premises, regardless of whether or not such entry and damage is caused by the negligence or fault of Tenant or occurs during or after business hours. Tenant, at its expense, shall change all air conditioning HVAC filters at least five (5) times per year every second month and shall have the air conditioning HVAC system professionally inspected and generally serviced at least twice per yearyear pursuant to a maintenance contract with a professional HVAC engineering firm (a copy of which contract shall be furnished to Landlord).

Appears in 1 contract

Samples: Center Lease (Big Buck Brewery & Steakhouse Inc)

Repairs and Maintenance by Tenant. (a) Except for the repairs and maintenance that Landlord is specifically obligated to make or perform pursuant to Section 6.1 above, throughout the entire Term of this LeaseTerm, Tenant, at its expense, shall promptly make all repairs and replacements and perform maintenance in and to the Leased Premises and all equipment and fixtures therein or appurtenant thereto, that are necessary or desirable in order to keep the Leased Premises in good order, condition and repair and in a safe, dry and tenantable condition. Without limiting the generality of the foregoing, Tenant, at its expense, shall maintain and promptly make any and all necessary repairs to or replacements of: (i) that portion of any pipes, lines, ducts, wires or conduits (whether contained within or outside the Leased Premises) which are installed by Tenant or that exclusively serve the Leased Premises; (ii) the glass windows, plate glass doors, and all fixtures or appurtenances composed of glass that are located in or about the Leased Premises; (iii) Tenant's signs; (iv) the floors and floor coverings, doors and door frames, windows and window frames, walls, storefront storefront, including security gates, grilles or enclosures, locks and closing devices, partitions and ceilings in the Leased Premises; (v) heating, ventilating, air conditioning, electrical and plumbing system(s) equipment and fixtures (whether contained within or outside the Leased Premises) which are installed by Tenant or which exclusively serve the Leased Premises; and (vi) the Leased Premises or any part of the Shopping Center when repairs thereto are necessitated by any act or omission (negligent or otherwise) of Tenant or any of Tenant's agents, employees or invitees, or by the failure of Tenant to perform any of its obligations under this Lease. Notwithstanding the foregoing, Landlord shall be responsible for repairs and maintenance necessitated by the negligence or intentional acts of Landlord, its agents or employees. Notwithstanding any contrary provision of this Article VI, Tenant, at its expense, shall make any and all repairs to the Leased Premises as may be necessitated by any break-in, forcible entry or other trespass into or upon the Leased Premises, regardless of whether or not such entry and damage is caused by the negligence or fault of Tenant or occurs during or after business hours. Tenant, at its expense, shall change all air conditioning filters at least five (5) times per year and shall have the air conditioning system professionally inspected and generally serviced at least twice per year.

Appears in 1 contract

Samples: Lease (Play Co Toys & Entertainment Corp)

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