Common use of Repairs and Maintenance of Premises Clause in Contracts

Repairs and Maintenance of Premises. 8.1 Tenant shall maintain the Premises, including buildings, improvements, parking areas, walks and paved areas, and keep the same in good order and condition throughout the Term of this Lease, provided, however, that Tenant shall have no obligation to make any structural repairs or improvements. In addition, Tenant shall have the right to make such nonstructural changes, alterations, repairs and improvements in or upon the Premises, including in or upon the interior of any building or other improvement located thereon, during the term hereof as it may desire. Tenant may install awnings, advertisements, or signs on any part of the Premises. Except as provided in Section 11.1 with respect to Landlord's obligations following a casualty and in Section 12.2 with respect to Landlord's obligations following the Taking of a "material portion of the Premises" (as defined in Section 12.1), all non-structural changes and repairs shall be performed at Tenant's sole cost and expense. Tenant shall not make any structural changes to the Premises except upon the consent of the Landlord which shall not be unreasonably withheld or delayed. 8.2 Landlord, at its sole cost and expense, shall, in addition to its obligations under Articles 11 and 12 of this Lease, make all structural changes, alterations and repairs to the Premises, including any building or improvements located thereon, upon prior notice to Tenant at mutually agreeable times which will not interfere with the conduct of Tenant's business on the Premises as normally conducted to the extent such changes are necessary for the repair, replacement or restoration of the building or improvements on the Premises. 8.3 The party performing the changes, alterations, improvements and/or repairs contemplated by Sections 8.1 and 8.2 hereby agrees that it shall indemnify the other party hereto and hold such party harmless from any cost, expenses, damages and/or liability arising out of the performance of such work in accordance with Article 16. 8.4 All trade fixtures, appliances and other equipment and property placed or installed in or on the Premises by Tenant shall remain the property of Tenant and, unless the parties hereto otherwise agree, Tenant shall remove the same at the expiration of this Lease and restore the Premises to their original condition after such removal. (a) No change or alteration of the Building shall be undertaken until any necessary governmental permits and authorizations are obtained and Landlord and Tenant each agrees to join, at the expense of the party seeking to make such change, alteration, repair and/or improvement, in the application for such permits or authorizations whenever such action is necessary. (b) No change or alteration shall be undertaken by Tenant until plans and specifications and cost estimates therefor prepared by an architect or engineer reasonably satisfactory to Landlord, shall have been approved by Landlord, which approval shall not be unreasonably withheld or delayed. (c) Each change or alteration shall, when completed, be of such a character as not adversely to affect the value of the Premises for use of the type described in Section 6.1 hereof immediately before such change or alteration. (d) All work done in connection with any change or alteration shall be done promptly and in a good and workmanlike manner and in compliance with all Legal Requirements; the cost of any such change or alteration shall be timely paid so that the Premises shall at all times be free of liens for labor and materials supplied or claimed to have been supplied to the Premises; the work of any change or alteration shall be prosecuted with reasonable dispatch, unavoidable delays excepted. (e) Tenant shall not construct additional structures nor add to the present structures without the written consent of the Landlord. Such consent by the Landlord shall be within the sole discretion of the Landlord.

Appears in 6 contracts

Samples: Lease (Hometown Auto Retailers Inc), Lease Agreement (Hometown Auto Retailers Inc), Lease Agreement (Hometown Auto Retailers Inc)

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Repairs and Maintenance of Premises. 8.1 SURRENDER OF PREMISES-WASTE Section 5.1 Except for obligations of Landlord expressly imposed upon it in this paragraph, Tenant shall maintain covenants at the PremisesTenant's sole expense to keep the Premises in a clean, including buildingsorderly condition and free of debris, improvements, parking areas, walks material and paved areasrubbish, and keep the same to maintain in good order and condition throughout and to promptly repair the Term Premises including, but not limited to, light fixtures, ballasts, light bulbs, locks, ceilings, floors, walls, woodwork, counter tops, cabinets, paint, doors and glass. Unless maintenance or repair is required as the result of this Leasethe conduct of tenant, providedits agents, howeverrepresentatives, that Tenant employees or contractors, Landlord shall have no obligation to make any structural repairs or improvements. In additionmaintain the plumbing, Tenant shall have the right to make such nonstructural changesplumbing fixtures, alterationsheating/air conditioning, repairs and improvements hot water system, electrical system, mechanical system, Building equipment located in or upon serving the Premises, including in or upon the interior of any building or other improvement located thereon, during the term hereof as it may desire. Tenant may install awnings, advertisements, or signs on any part and structural elements of the Building and Premises. Except as provided in Section 11.1 with respect Landlord shall also be obligated at its expense to Landlord's obligations following a casualty maintain and in Section 12.2 with respect to Landlord's obligations following repair (or improve) the Taking of a "material portion portions of the Premises" (as defined Building not occupied by Tenant in Section 12.1), all non-structural changes good order and repairs condition. All costs incurred by Landlord in performing its obligations hereunder shall be performed at Tenant's sole cost and expense. included in Operating Costs. Section 5.2 Tenant shall not make covenants that upon expiration or termination of this Lease for any structural changes reason whatsoever the Tenant will surrender the Premises to the Premises except upon the consent of the Landlord which shall not be unreasonably withheld or delayed. 8.2 Landlord, at its sole cost and expense, shall, in addition to its obligations under Articles 11 and 12 of this Lease, make all structural changestogether with ail improvements, alterations and repairs to the Premisesreplacement thereto in good order, including any building or improvements located thereon, upon prior notice to Tenant at mutually agreeable times which will not interfere with the conduct of Tenant's business on the Premises as normally conducted to the extent such changes are necessary for the condition and repair, replacement expect for reasonable wear and tear, provided that if Landlord requests Tenant to remove any such improvements, alterations or restoration of replacements, the building or improvements on the Premises. 8.3 The party performing the changes, alterations, improvements and/or repairs contemplated by Sections 8.1 and 8.2 hereby agrees that it shall indemnify the other party hereto and hold such party harmless from any cost, expenses, damages and/or liability arising out of the performance of such work in accordance with Article 16. 8.4 All trade fixtures, appliances and other equipment and property placed or installed in or on the Premises by Tenant shall remain the property of Tenant and, unless the parties hereto otherwise agree, Tenant shall remove the same at the expiration of this Lease and restore the Premises to their original prior condition after such removalat Tenant's expense. Upon expiration or termination, Tenant shall remove, to Landlord satisfaction, all petroleum, hazardous wastes and substances generated or stored at the Premises by Tenant. (a) No change Section 5.3 Tenant covenants not to or alteration suffer any waste, damage or injury to the Premises, or overloading of the Building Premises' floors. Section 5.4 Notwithstanding any provision of this Lease to the contrary, Tenant shall be undertaken until any necessary governmental permits solely responsible for obtaining and authorizations are obtained and Landlord and Tenant each agrees to joinpaying the costs of janitorial services for the Premises, trash removal services concerning trash generated at the expense of the party seeking to make such changePremises, alteration, repair and/or improvement, in the application for such permits or authorizations whenever such action is necessary. (b) No change or alteration shall be undertaken by Tenant until plans and specifications all utilities and cost estimates therefor prepared by an architect or engineer reasonably satisfactory to Landlord, shall have been approved by Landlord, which approval telephone services other than water. Landlord shall not be unreasonably withheld or delayed. (c) Each change or alteration shall, when completed, be of such a character as not adversely obligated to affect the value Tenant in any manner whatsoever if any of the utilities and other services to the Premises for use of are disrupted, it being understood and agreed upon by the type described parties that Tenant shall obtain at its own expense such business interruption insurance as it deems advisable to protect it against all such risks. Nothing in Section 6.1 hereof immediately before such change or alteration. (d) All work done in connection with this paragraph shall be constructed to permit Tenant to make any change or alteration shall be done promptly and in a good and workmanlike manner and in compliance with all Legal Requirements; the cost of any such change or alteration shall be timely paid so that to the Premises shall at all times without complying with the provisions of Article VII of this Lease. Section 5.5 Tenant acknowledges that it may be free doing business with various business entities, which may deliver, or cause to be delivered, various materials to Tenant. Tenant covenants and agrees that it shall, without forty-five (45) days after occurrence, repair damages to foundation, roof, overhead doors, door jambs, entryways, and exterior walls of liens for labor the Building where the Premises is located, which were caused by the act or omission of Tenant, Tenant's agents, employees, customers, invitees and materials supplied suppliers, their agents, employees or claimed to have been supplied delivery services. Section 5.6 Prior to the Premises; expiration or termination of the work Lease, Tenant shall remove stains or deposits of grease, oil, tar, paint, or any change or alteration shall be prosecuted with reasonable dispatch, unavoidable delays excepted. (e) other material used by Tenant such as to restore the Premises to its original condition. Tenant shall not construct additional structures nor add to store any motor vehicles on, at, or in the present structures without the written consent of the Landlord. Such consent by the Landlord shall be within the sole discretion of the LandlordPremises.

Appears in 2 contracts

Samples: Office Warehouse Premises Lease (Lifeloc Technologies Inc), Office Warehouse Premises Lease (Lifeloc Technologies Inc)

Repairs and Maintenance of Premises. 8.1 Tenant (a) Landlord shall maintain not be liable for any repairs or replacements of any kind or nature whatsoever with respect to the Premises or to any appurtenances thereof, such non-liability to extend, but not by way of limitation, to the structural portion of the exterior or interior of the building comprised in the Premises, including buildingsthe roof thereon, improvementsthe fixtures, pipes and appliances thereof, the parking areas, walks and paved areas, landscaped area surrounding said building and keep the same in good order driveways and condition throughout the Term of this Lease, provided, however, that Tenant shall have no obligation to make any structural repairs or improvements. In addition, Tenant shall have the right to make such nonstructural changes, alterations, repairs and improvements in or upon all utility lines serving the Premises, including in or upon the interior of any building or other improvement located thereon, during the term hereof as it may desire. Tenant may install awnings, advertisements, or signs on any part of the Premises. Except as provided in Section 11.1 with respect to Landlord's obligations following a casualty and in Section 12.2 with respect to Landlord's obligations following the Taking of a "material portion of the Premises" (as defined in Section 12.1), all non-structural changes and repairs shall be performed at Tenant's sole cost and expense. Tenant shall not make any structural changes to the Premises except upon the consent of the Landlord which shall not be unreasonably withheld or delayed. 8.2 Landlord, at its sole cost and expense, shall, in addition to its obligations under Articles 11 and 12 of this Lease, make all structural changes, alterations and repairs to the Premises, including any building or improvements located thereon, upon prior notice to Tenant at mutually agreeable times which will not interfere with the conduct of Tenant's business on the Premises as normally conducted to the extent such changes are necessary for the repair, replacement or restoration of the building or improvements on the Premises. 8.3 The party performing the changes, alterations, improvements and/or repairs contemplated by Sections 8.1 and 8.2 hereby agrees that it shall indemnify the other party hereto and hold such party harmless from any cost, expenses, damages and/or liability arising out of the performance of such work in accordance with Article 16. 8.4 All trade fixtures, appliances and other equipment and property placed or installed in or on the Premises by Tenant shall remain the property of Tenant and, unless the parties hereto otherwise agree, Tenant shall remove the same at the expiration of this Lease and restore the Premises to their original condition after such removal. (a) No change or alteration of the Building shall be undertaken until any necessary governmental permits and authorizations are obtained and Landlord and Tenant each agrees to join, at the expense of the party seeking to make such change, alteration, repair and/or improvement, in the application for such permits or authorizations whenever such action is necessary. (b) No change Tenant shall make any and all repairs and replacements to the interior and exterior of the Premises of every kind, nature and description, ordinary and extraordinary, structural or alteration nonstructural, including, but not limited to, all repairs and modifications required by public authority, and all repairs and replacements to and periodic maintenance of the air conditioning, heating, ventilating, plumbing and electrical systems, to paved and landscaped areas, parking areas and driveways adjoining or appurtenant to the Premises, to underground pipes and storage tanks and all docks, conveyors, fire extinguishers and building appliances of every kind. Tenant shall keep all waste and drain pipes open. All repairs and replacements shall be undertaken by in quality and class at least equal to the original work. Tenant until plans shall keep the Premises in good repair and specifications safe and cost estimates therefor prepared by an architect serviceable condition. At the termination of this Lease, Tenant shall redeliver the Premises to Landlord in as good condition as same were at the commencement of the term (or engineer reasonably satisfactory to Landlord, shall as same may thereafter have been approved put by LandlordLandlord or Tenant), which approval excepting only for reasonable use and ordinary wear and tear, consistent with Tenant’s maintenance and repair obligations above set forth and damage by fire or other casualty if this Lease is terminated pursuant to Paragraph 19 hereof. Tenant’s obligation in making such repairs or replacements shall not be unreasonably withheld survive the expiration or delayedtermination of this Lease. (c) Each change On default of Tenant in making any repairs or alteration shallreplacements required to be made by Tenant hereunder or in maintaining the Premises, when completedLandlord may, but shall not be of required to make such a character as not adversely repairs or replacements or to affect the value of maintain the Premises for use the Tenant’s account, and the expense thereof shall constitute and be collectible as additional rent, payable by Tenant on demand, or, at Landlord’s election, together with the next installment of rent due hereunder, and all sums not paid where due shall bear interest as the type described in Section 6.1 hereof immediately before such change or alterationDefault Rate from the date of payment by Landlord until paid by Tenant. (d) All work done in connection with any change or alteration shall be done promptly and in a good and workmanlike manner and in compliance with all Legal Requirements; the cost of any such change or alteration shall be timely paid so that the Premises shall at all times be free of liens for labor and materials supplied or claimed to have been supplied to the Premises; the work of any change or alteration shall be prosecuted with reasonable dispatch, unavoidable delays excepted. (e) Tenant shall not construct additional structures nor add to the present structures without the written consent of the Landlord. Such consent by the Landlord shall be within the sole discretion of the Landlord.

Appears in 1 contract

Samples: Net Lease (TCP International Holdings Ltd.)

Repairs and Maintenance of Premises. 8.1 (a) Tenant shall maintain the Premises, including buildings, improvements, parking areas, walks and paved areas, and keep the same in good order and condition throughout the Term of this Lease, provided, however, that Tenant shall have no obligation to make any structural repairs or improvements. In addition, Tenant shall have the right to make such nonstructural changes, alterations, repairs and improvements in or upon the Premises, including in or upon the interior of any building or other improvement located thereon, at all times during the term hereof as it may desire. Tenant may install awnings, advertisements, or signs on any part of the Premises. Except as provided in Section 11.1 with respect to Landlord's obligations following a casualty and in Section 12.2 with respect to Landlord's obligations following the Taking of a "material portion of the Premises" (as defined in Section 12.1), all non-structural changes and repairs shall be performed at Tenant's sole cost and expense, keep the premises and every part thereof in reasonably good condition and repair, ordinary wear and tear, damage thereto by fire, earthquake, act of God or the elements excepted. Subject to the provisions of paragraph 11I above concerning the removal of alterations, additions and improvements, Tenant shall not make any structural changes to at the Premises except upon the consent end of the term hereof surrender to Landlord which shall not be unreasonably withheld the premises and all alterations, additions and improvements thereto in the same condition as when received or delayed. 8.2 Landlordwhen first installed, at its sole cost ordinary wear and expensetear and damage by fire, shallearthquake, in addition act of God or the elements excepted. Landlord has no obligation and has made no promise to its obligations under Articles 11 alter, remodel, improve, repair, decorate or paint the premises or any part thereof. No representations respecting the condition of the premises or the Building have been made by Landlord to Tenant, except as specifically herein set forth. The Tenant hereby waives any and 12 of all express or implied warranties relating to or arising from this Lease, make all structural changes, alterations and repairs to the Premises, including any building or improvements located thereon, upon prior notice to Tenant at mutually agreeable times which will not interfere with the conduct of Tenant's business on the Premises as normally conducted to or the extent such changes are necessary for the repair, replacement or restoration of the building or improvements on the Premises. 8.3 The party performing the changes, alterations, improvements and/or repairs contemplated by Sections 8.1 and 8.2 hereby agrees that it shall indemnify the other party hereto and hold such party harmless from any cost, expenses, damages and/or liability arising out of the performance of such work in accordance with Article 16. 8.4 All trade fixtures, appliances and other equipment and property placed or installed in or on the Premises by Tenant shall remain the property of Tenant and, unless the parties hereto otherwise agree, Tenant shall remove the same at the expiration of this Lease and restore the Premises to their original condition after such removal. (a) No change or alteration of the Building shall be undertaken until any necessary governmental permits and authorizations are obtained and Landlord and Tenant each agrees to join, at the expense of the party seeking to make such change, alteration, repair and/or improvement, in the application for such permits or authorizations whenever such action is necessarytenancy. (b) No change or alteration Landlord shall be undertaken by assign to Tenant, and Tenant until plans and specifications and cost estimates therefor prepared by an architect or engineer reasonably satisfactory to Landlord, shall have been approved the benefit of, any guarantee or warranty to which Landlord is entitled under any purchase, construction or installation contract relating to a component of the premises which Tenant is obligated to repair and maintain. Tenant shall have the right to call upon the contractor to make such adjustments, replacements, or repairs which are required to be made by Landlord, which approval shall not be unreasonably withheld or delayedthe contractor under such contract. (c) Each change Notwithstanding the provisions of subparagraph 13(a) above, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems, installed and furnished by Landlord, unless such maintenance and repairs are caused in material part or alteration shallin whole by the act, when completedneglect, be fault or omission of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such a character as maintenance and repairs. Landlord shall not adversely be liable for any failure to affect make any such repairs or to perform any maintenance unless such failures shall persist for an unreasonable time, considering all factors, including the value availability of material, utilities and labor, after written notice of the Premises for use need of such repairs or maintenance is given to Landlord by Tenant. There shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making or failure to make any repairs, alterations or improvements in or to any portion of the type described Building or the premises or in Section 6.1 hereof immediately before such change or alterationto fixtures, appurtenances, and equipment therein. (d) All work done in connection with Tenant hereby waives any change or alteration shall be done promptly and in a good and workmanlike manner and in compliance with all Legal Requirements; right to make repairs at landlord's expense under the cost provisions of any such change or alteration shall be timely paid so that laws permitting repairs by a tenant at the Premises shall at all times be free expense of liens for labor and materials supplied or claimed to have been supplied a landlord to the Premisesextent allowed by law; the work of any change or alteration shall be prosecuted with reasonable dispatch, unavoidable delays exceptedLandlord an Tenant have by this Lease made specific provision for such repairs and have expressly defined their respective obligations. (e) Tenant shall not construct additional structures nor add to the present structures without the written consent of the Landlord. Such consent by the Landlord shall be within the sole discretion of the Landlord.

Appears in 1 contract

Samples: Lease Agreement (Unity First Acquisition Corp)

Repairs and Maintenance of Premises. 8.1 Tenant (a) Tenant, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior of the Premises in good condition and repair, including but not limited to, the electrical and other mechanical installations serving the Premises, the heating, ventilating and air conditioning systems serving the Premises, the plumbing and sewer systems located in and serving the Premises, the exterior and interior portions of all doors including buildingsdoor checks and hardware, improvements, parking areas, walks any security gates and paved areas, ceiling tiles. Tenant shall promptly replace all broken and keep the same in good order and condition throughout the Term of this Lease, provided, however, cracked glass. All items that Tenant shall have no obligation to make any structural repairs or improvements. In addition, Tenant shall have the right to make such nonstructural changes, alterations, repairs and improvements in or upon the Premises, including in or upon the interior of any building or other improvement located thereon, replace during the term hereof as it may desire. Tenant may install awnings, advertisements, or signs on any part of the Premises. Except as provided in Section 11.1 with respect to Landlord's obligations following a casualty and in Section 12.2 with respect to Landlord's obligations following the Taking of a "material portion of the Premises" (as defined in Section 12.1), all non-structural changes and repairs this Lease shall be performed at Tenant's sole cost of equal or better quality, type and expensestyle than the item being replaced. Tenant shall not make permit any structural changes to the Premises except upon the consent of the Landlord which shall not be unreasonably withheld waste, damage or delayed. 8.2 Landlord, at its sole cost and expense, shall, in addition to its obligations under Articles 11 and 12 of this Lease, make all structural changes, alterations and repairs injury to the Premises, including any building or improvements located thereon, upon prior notice to . Tenant at mutually agreeable times which will not interfere with the conduct of Tenant's business on shall further keep the Premises as normally conducted to the extent such changes are necessary for the repairclean, replacement or restoration attractive and free of the building or improvements on the Premises. 8.3 The party performing the changesrubbish, alterations, improvements and/or repairs contemplated by Sections 8.1 rubble and 8.2 hereby agrees that it shall indemnify the other party hereto and hold such party harmless from any cost, expenses, damages and/or liability arising out of the performance of such work in accordance with Article 16. 8.4 All trade fixtures, appliances and other equipment and property placed or installed in or on the Premises by Tenant shall remain the property of Tenant and, unless the parties hereto otherwise agree, Tenant shall remove the same at the expiration of this Lease and restore the Premises to their original condition after such removal. (a) No change or alteration of the Building shall be undertaken until any necessary governmental permits and authorizations are obtained and Landlord and Tenant each agrees to join, at the expense of the party seeking to make such change, alteration, repair and/or improvement, in the application for such permits or authorizations whenever such action is necessarydebris. (b) No change Except as otherwise provided in this Lease, Landlord will, within a reasonable time after receipt from Tenant of written notice of the necessity of such repair, keep the roof, structural portions and exterior of the Premises in good and tenantable condition and repair during the term of this Lease. Notwithstanding the above, Landlord shall make all repairs and replacements to any portion of the Premises or alteration of the building in which Premises are located necessary by reason of (a) the acts, neglect, fault or default of Tenant, or Tenant's agents, employees, contractors or customers, (b) the operations of Tenant or the storage of Tenant's merchandise within the Premises, (c) acts of trespassers, thieves or other unauthorized persons who enter or attempt to enter the Premises, or the building in which the Premises are located, or (d) structural and exterior work done or installed by Tenant; and Tenant shall be undertaken by Tenant until plans reimburse Landlord for such sums expended for such repairs and specifications replacements, such sums being additional rental hereunder. Further, and cost estimates therefor prepared by an architect or engineer reasonably satisfactory notwithstanding anything in this Lease to the contrary, Tenant, not Landlord, shall have been approved make all repairs, alterations and replacements to the property that Landlord is Top required to maintain which may be required as the result of repairs, alterations, other improvements or installations made by LandlordTenant or any assignee, which approval shall not be unreasonably withheld subtenant or delayedconcessionaire of Tenant or the agents of any of them. (c) Each change On default of Tenant in making any repairs or alteration shallreplacements required to be made by Tenant hereunder or in maintaining the Premises, when completedLandlord may, but shall not be of required to, make such a character as not adversely to affect the value of repairs or replacements or maintain the Premises for use Tenant's account, and the expense thereof shall constitute and be collectible as additional rent, payable by Tenant on demand, or, at Landlord's election, together with the next installment of rent due hereunder, and all sums not paid when due shall bear interest at the type described in Section 6.1 hereof immediately before such change or alterationDefault Rate from the date of payment by Landlord until paid by Tenant. (d) All work done in connection with any change or alteration shall be done promptly and in a good and workmanlike manner and in compliance with all Legal Requirements; the cost of any such change or alteration shall be timely paid so that the Premises shall at all times be free of liens for labor and materials supplied or claimed to have been supplied to the Premises; the work of any change or alteration shall be prosecuted with reasonable dispatch, unavoidable delays excepted. (e) Tenant shall not construct additional structures nor add to the present structures without the written consent of the Landlord. Such consent by the Landlord shall be within the sole discretion of the Landlord.

Appears in 1 contract

Samples: Lease (Affymetrix Inc)

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Repairs and Maintenance of Premises. 8.1 Tenant shall maintain the Premises, including buildings, improvements, parking areas, walks and paved areas, and keep the same in good order and condition throughout the Term of this Lease, providedPROVIDED, howeverHOWEVER, that Tenant shall have no obligation to make any structural repairs or improvements. In addition, Tenant shall have the right to make such nonstructural changes, alterations, repairs and improvements in or upon the Premises, including in or upon the interior of any building or other improvement located thereon, during the term hereof as it may desire. Tenant may install awnings, advertisements, or signs on any part of the Premises. Except as provided in Section 11.1 with respect to Landlord's obligations following a casualty and in Section 12.2 with respect to Landlord's obligations following the Taking of a "material portion of the Premises" (as defined in Section 12.1), all non-structural changes and repairs shall be performed at Tenant's sole cost and expense. Tenant shall not make any structural changes to the Premises except upon the consent of the Landlord which shall not be unreasonably withheld or delayed. 8.2 Landlord, at its sole cost and expense, shall, in addition to its obligations under Articles 11 and 12 of this Lease, make all structural changes, alterations and repairs to the Premises, including any building or improvements located thereon, upon prior notice to Tenant at mutually agreeable times which will not interfere with the conduct of Tenant's business on the Premises as normally conducted to the extent such changes are necessary for the repair, replacement or restoration of the building or improvements on the Premises. 8.3 The party performing the changes, alterations, improvements and/or repairs contemplated by Sections 8.1 and 8.2 hereby agrees that it shall indemnify the other party hereto and hold such party harmless from any cost, expenses, damages and/or liability arising out of the performance of such work in accordance with Article 16. 8.4 All trade fixtures, appliances and other equipment and property placed or installed in or on the Premises by Tenant shall remain the property of Tenant and, unless the parties hereto otherwise agree, Tenant shall remove the same at the expiration of this Lease and restore the Premises to their original condition after such removal. (a) No change or alteration of the Building shall be undertaken until any necessary governmental permits and authorizations are obtained and Landlord and Tenant each agrees to join, at the expense of the party seeking to make such change, alteration, repair and/or improvement, in the application for such permits or authorizations whenever such action is necessary. (b) No change or alteration shall be undertaken by Tenant until plans and specifications and cost estimates therefor prepared by an architect or engineer reasonably satisfactory to Landlord, shall have been approved by Landlord, which approval shall not be unreasonably withheld or delayed. (c) Each change or alteration shall, when completed, be of such a character as not adversely to affect the value of the Premises for use of the type described in Section 6.1 hereof immediately before such change or alteration. (d) All work done in connection with any change or alteration shall be done promptly and in a good and workmanlike manner and in compliance with all Legal Requirements; the cost of any such change or alteration shall be timely paid so that the Premises shall at all times be free of liens for labor and materials supplied or claimed to have been supplied to the Premises; the work of any change or alteration shall be prosecuted with reasonable dispatch, unavoidable delays excepted. (e) Tenant shall not construct additional structures nor add to the present structures without the written consent of the Landlord. Such consent by the Landlord shall be within the sole discretion of the Landlord.

Appears in 1 contract

Samples: Lease (Hometown Auto Retailers Inc)

Repairs and Maintenance of Premises. 8.1 Tenant shall maintain SECTION 5.1 Lessee covenants, throughout the term of this Lease, at its own expense, to take good care of the Demised Premises, including the interior of the buildings, improvements, parking areaspersonal property, and fixtures comprising the Demised Premises, all walks and paved areas, and land shown on Exhibit B outlined in red and to keep the same in good order and condition throughout condition. All things necessary to be done and all costs, expenses relating to the Term Demised Premises shown on Exhibit A and B outlined in red shall be done and paid for by the Lessee as if it was the owner with the exception that the Lessor shall maintain in good repair the exterior of this Leasethe building and roof of the Demised Premises, providedExhibit A, however, that Tenant and shall have no obligation to make any be responsible for structural repairs to the building, Exhibit A. All necessary roof and building repairs will be done promptly upon written notice to the Lessor by the Lessee, which notice shall set forth in detail the needed repairs. All repairs and maintenance shall be done by insured contractors only. SECTION 5.2 Lessee may make structural changes or improvementsmajor alterations to the Demised Premises with the written consent of Lessor to the extent such changes are for the repair, replacement or renovation of the Demised Premises. In addition, Tenant shall have the right to Lessee may make such additional nonstructural changes, alterations, repairs changes and improvements in or upon the Premises, including in or upon the interior of any said building or other improvement located thereon, on the demised premises during the term hereof as it may desire. Tenant All changes, structural and non structural shall be done at the Lessee's sole cost, risk, expense and liability, and only with the written consent of the Lessor which shall not be unreasonably withheld. SECTION 5.3 The Lessee may not install any awnings, advertisements, or signs on any part of the Premises. Except as provided in Section 11.1 with respect to Landlord's obligations following a casualty and in Section 12.2 with respect to Landlord's obligations following the Taking of a "material portion of the Demised Premises" (as defined in Section 12.1), all non-structural changes and repairs shall be performed at Tenantwithout the Lessor's sole cost and expense. Tenant shall not make any structural changes to the Premises except upon the consent of the Landlord which shall not be unreasonably withheld or delayedwritten consent. 8.2 Landlord, at its sole cost and expense, shall, in addition to its obligations under Articles 11 and 12 of this Lease, make all structural changes, alterations and repairs to the Premises, including any building or improvements located thereon, upon prior notice to Tenant at mutually agreeable times which will not interfere with the conduct of Tenant's business on the Premises as normally conducted to the extent such changes are necessary for the repair, replacement or restoration of the building or improvements on the Premises. 8.3 The party performing the changes, alterations, improvements and/or repairs contemplated by Sections 8.1 and 8.2 hereby agrees that it shall indemnify the other party hereto and hold such party harmless from any cost, expenses, damages and/or liability arising out of the performance of such work in accordance with Article 16. 8.4 SECTION 5.4 All trade fixtures, appliances and other equipment and property placed or installed in or on the Demised Premises by Tenant Lessee shall remain the property of Tenant and, unless the parties hereto otherwise agree, Tenant shall remove the same Lessee and if removed at the expiration of this Lease and restore lease the Premises premises shall be restored to their original condition after such removal. (a) No change Change or alteration of the Building Alteration shall be undertaken until any necessary governmental permits and authorizations are obtained and Landlord and Tenant each Lessor agrees to join, at the expense of the party seeking to make such change, alteration, repair and/or improvementLessee's expense, in the application for such permits or authorizations whenever such action is necessary. (b) No change With respect to a nonstructural Change or alteration Alteration, plans and specifications, if prepared, shall be undertaken by Tenant until plans and specifications and cost estimates therefor prepared by an architect or engineer reasonably satisfactory to Landlord, shall have been approved by Landlord, which approval shall not be unreasonably withheld or delayedfiled with the Lessor. (c) Each change Change or alteration Alteration shall, when completed, be of such a character as not adversely to affect the value of the Demised Premises for use of the type described in Section 6.1 hereof immediately before such change Change or alterationAlteration. (d) All work done in connection with any change Change or alteration Alteration shall be done promptly and in a good and workmanlike manner by insured contractors and in compliance with all Legal Requirementsapplicable laws, ordinances, orders, rules, regulations and other governmental requirements; the cost of any such change Change or alteration Alteration shall be timely paid so that the Demised Premises shall at all times be free of liens for labor and materials supplied or claimed to have been supplied to the Demised Premises; the work of any change Change or alteration Alteration shall be prosecuted with reasonable dispatch, unavoidable delays excepted. (e) Tenant Lessee shall not construct additional structures nor add to the present structures on the demised premises without the written consent of the LandlordLessor. Such consent Consent by the Landlord Lessor shall be within the sole absolute discretion of the LandlordLessor.

Appears in 1 contract

Samples: Lease Agreement (Uti Corp)

Repairs and Maintenance of Premises. 8.1 Tenant shall maintain 1) Landlord shall, at its own cost and expense, within a reasonable period of time make all structural repairs to the exterior building walls, structural frame, foundations, common areas and the building systems up to the point of connection to the Leased Premises, including buildings, improvements, parking areas, walks and paved areas, and keep the same in good order and condition throughout the Term of this Lease, provided, however, that Tenant shall have no obligation to make any structural repairs or improvements. In addition, Tenant shall have the right to make such nonstructural changes, alterations, all repairs and improvements in replacements to all or upon the Premises, including in or upon the interior of any building or other improvement located thereon, during the term hereof as it may desire. Tenant may install awnings, advertisements, or signs on any part of the roof that cost in excess of $2,500. Although Landlord is responsible for any roof replacement, the cost of any ordinary repair and maintenance work relating to the roof which costs $2,500 or less is included in the Additional Rent paid by Tenant pursuant to Article 11 hereinabove. Notwithstanding anything to the contrary in this Lease, in the event that the Tenant is unable to use all or any portion of the Premises for the ordinary conduct of Tenant’s business as a result of (x) Landlord’s breach of an obligation under this Lease to perform repairs or provide services, (y) Landlord’s exercise of its rights to access the Premises. Except as provided , or (z) disruption in Section 11.1 with respect any required services to the Premises due to Landlord's obligations following a casualty and ’s negligence or willful misconduct, in Section 12.2 with respect to Landlord's obligations following the Taking each case other than as result of a "material fire or other casualty or breach of this Lease by Tenant, and such condition continues for a period in excess of five (5) consecutive business days after the date of notice from Tenant to Landlord (the “Abatement Notice”) stating Tenant’s inability to use all or any portion of the Premises" , then, the Rent shall be abated on a per diem basis and in proportion to the Premises not useable by Tenant for the period commencing on the sixth (6th) business day after Tenant gives the which (A) Tenant is able to reoccupy the entire Premises for the ordinary conduct of its business, or (B) such condition is substantially remedied. Notwithstanding the above, there shall be no abatement of rent when the Landlord’s failure to make the repair shall have been due to any cause beyond Landlord’s control, including, without limitation, acts of God, strikes or labor disputes, and/or inability to obtain materials and/or equipment at reasonable prices. If any of the repair work described above is made necessary by the negligence of Tenant, its servants, employees, invites or agents, then the Landlord shall be relieved of such repair or replacement obligations and the same shall become the responsibility of Tenant. The obligation of the Landlord to make the foregoing repairs is expressly subject to the Tenant giving the Landlord written notice of defects or needed repairs. In the event that Landlord undertakes to effect repairs due to Tenant’s negligence, Tenant shall reimburse Landlord for the reasonable cost of same, together with interest at the rate of the Prime Rate plus two percent (Prime Rate as defined in Section 12.1)by the Wall Street Journal, all non-structural changes with interest to commence twenty (20) days from the date of submission of the xxxx to Tenant. Landlord shall submit bills to Tenant and repairs same shall constitute Additional Rent which shall become due and payable on the twentieth day following submission of said bills. Nothing contained herein shall be performed construed as an undertaking or obligation of Landlord to perform work caused by Tenant’s negligence. 2) Tenant shall, at Tenant's sole its own cost and expense: i. take good care of the Leased Premises and fixtures and appurtenances thereon and make all nonstructural repairs and replacements to the Leased Premises ii. maintain, repair and replace all mechanical and working parts of equipment located in the Leased Premises, including but not limited to, air conditioning, heating, electrical, and plumbing, plants, fixtures, and systems; iii. repair any damage to the building or the Leased Premises caused by the moving or installation of Tenant’s furniture or equipment, vendors and common carriers making deliveries to or receiving shipments from the Leased Premises; iv. keep and maintain the Leased Premises in a clean and sanitary condition, free from rubbish and flammable or other objectionable materials; v. Landlord will provide Tenant with the use, if necessary, of any contractor’s or manufacturer’s guarantees or warranties in its possession on the mechanical, electrical, HVAC, roof and plumbing for the Leased Premises. All of the aforesaid repairs required to be made by the Tenant shall be of a quality or class equal to the original work or construction. If Tenant fails after ten (10) days written notice to proceed with due diligence to make repairs required to be made by the Tenant, the same may be made by the Landlord at the sole expense of Tenant, together with interest at the rate of Prime Rate plus two percent if not paid within twenty (20) days of billing by Landlord, and the expense thereof incurred by Landlord shall be collectible as Additional Rent due within twenty (20) days following submission of a xxxx from Landlord to Tenant. Except as otherwise provided in this Lease, there shall be no allowance to Tenant for diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making or failing to make any repairs, alterations, additions or improvements in or to any portion of the building or Leased Premises or any fixtures, appurtenances or equipment thereof. Tenant agrees that it shall not make cause or permit any structural changes waste, damage or disfigurement to the Leased Premises except upon the consent or any overloading of the Landlord which shall not be unreasonably withheld floors of the Leased Premises. In the event that any mechanics lien is filed against the Premises as a result of alteration, addition or delayed. 8.2 improvement made by Tenant, the Landlord, at its sole cost and expenseoption, shallmay declare this Lease in default upon giving notice to Tenant. Tenant shall be given thirty (30) days to cure by removing said lien or provide a performance bond against same. If Tenant has failed to cure the default within the time period allowed, in addition to its obligations under Articles 11 and 12 of Landlord may Terminate this Lease, make effective immediately and may pay said lien without inquiring into the validity thereof, and Tenant shall forthwith reimburse the Landlord of the total cost incurred by Landlord in discharging said lien, including but not limited to all structural changesreasonable attorney’s fees, alterations interest at Prime plus two percent and repairs all additional cost and expenses, as Additional Rent hereunder. Notwithstanding anything contained herein to the Premisescontrary, including any building or improvements located thereon, upon prior notice to Tenant at mutually agreeable times which will not interfere with the conduct of Tenant's business on the Premises as normally conducted to the extent such changes are necessary for the repair, replacement or restoration of the building or improvements on the Premises. 8.3 The party performing the changes, alterations, improvements and/or repairs contemplated by Sections 8.1 and 8.2 hereby agrees that it shall indemnify the other party hereto and hold such party harmless from any cost, expenses, damages and/or liability arising out of the performance of such work in accordance with Article 16. 8.4 All trade fixtures, appliances and other equipment and property placed or installed in or on the Premises by Tenant shall remain fully liable for the property payment of Tenant and, unless the parties hereto otherwise agree, Tenant shall remove the same at the expiration of all rental as provided in this Lease and restore the Premises to their original condition after such removal. (a) No change or alteration of the Building shall be undertaken until any necessary governmental permits and authorizations are obtained and Landlord and Tenant each agrees to join, at the expense of the party seeking to make such change, alteration, repair and/or improvement, in the application for such permits or authorizations whenever such action is necessary. (b) No change or alteration shall be undertaken by Tenant until plans and specifications and cost estimates therefor prepared by an architect or engineer reasonably satisfactory to Landlord, shall have been approved notwithstanding Termination validity effected by Landlord, which approval shall not be unreasonably withheld or delayed. (c) Each change or alteration shall, when completed, be of such a character as not adversely to affect the value of the Premises for use of the type described in Section 6.1 hereof immediately before such change or alteration. (d) All work done in connection with any change or alteration shall be done promptly and in a good and workmanlike manner and in compliance with all Legal Requirements; the cost of any such change or alteration shall be timely paid so that the Premises shall at all times be free of liens for labor and materials supplied or claimed to have been supplied to the Premises; the work of any change or alteration shall be prosecuted with reasonable dispatch, unavoidable delays excepted. (e) Tenant shall not construct additional structures nor add to the present structures without the written consent of the Landlord. Such consent by the Landlord shall be within the sole discretion of the Landlord.

Appears in 1 contract

Samples: Lease Agreement (Sielox Inc)

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