Common use of Repairs and Maintenance Clause in Contracts

Repairs and Maintenance. The Tenant shall (a) take good care of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacates.

Appears in 6 contracts

Samples: Early Lease Termination Settlement Agreement, Housing Lease, Housing Lease Rider

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Repairs and Maintenance. The Tenant shall (a) take good care It is the responsibility of the Apartment and all equipment and fixtures in it; (bTenant(s) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are conditions which need repairthe responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have a reasonable amount no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of time was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to make repairsnotify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (eall broken glass. Tenant(s) shall not attach topaint, hang from re-wallpaper, or place anything on otherwise redecorate or make alterations to the railings of Premises without the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative written consent of the Landlord. If Tenant contracts for any such services without written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, Tenant the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be wholly responsible for paid until the payment for any time of such service destruction and from thenceforth this Lease Agreement shall hold cease and come to an end. In the Landlord harmless against any claim made event, the damage is caused by a contractor who performs any such service at the request act of the Tenant. Tenant shall also be responsible for returning the apartment back to its original conditionTenant(s), or else someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Landlord for Premises, moving furniture and wall hangings shall be the costs incurred for duty and expense of the Landlord Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to do so after Tenant vacatesrepairs or interruptions of service except as provided by law.

Appears in 6 contracts

Samples: pomeroycourt.com, 500square.com, pomeroycourt.com

Repairs and Maintenance. The 18.1. Tenant, at its sole cost and expense, shall maintain and keep the Premises, all improvements thereon, and all appurtenances thereto, including but not limited to sidewalks, parking areas, curbs, roads, driveways, lighting standards, landscaping, sewers, water, gas and electrical distribution systems and facilities, drainage facilities, and all signs, both illuminated and non-illuminated that are now or hereafter on the Premises, in good condition (ordinary wear and tear excepted) and in a manner consistent with the Permitted Use provided, however, Tenant shall (a) take good care not be required to maintain any of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever foregoing to the need results from extent such maintenance is the Tenant's act responsibility of neglect an owners’ association, City of San Diego or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairsutility provider. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" make all repairs, any such costs replacements and improvements, including, without limitation, all structural, roof, HVAC, plumbing and electrical repairs, replacements and improvements required, and shall be considered additional rent; (e) shall not attach to, hang keep the same free and clear from or place anything on the railings of the patio or deck; all rubbish and ( f ) Tenant agrees not to install any partition wallsdebris. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing All repairs made by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for at least equal in quality to the payment for any such service original work, and shall hold the Landlord harmless against any claim be made only by a licensed, bonded contractor who performs approved in advance by Landlord (which shall not be unreasonably withheld, conditioned or delayed); provided, however, Tenant may make such repairs using its own personnel so long as it hires personnel with adequate experience and qualifications in performing such work; provided, further, that such contractor or qualified personnel need not be bonded or approved by Landlord if the Alterations, repairs, additions or improvements to be performed do not exceed Seventy-Five Thousand Dollars ($75,000) per occurrence or an aggregate amount of One Hundred Seventy-Five Thousand Dollars ($175,000) in any such service at the request of the Tenanttwelve (12) month period. Tenant shall also be responsible for returning not take or omit to take any action, the apartment back to its original conditiontaking or omission of which shall cause waste, damage or else shall be liable injury to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesPremises, ordinary wear and tear excepted.

Appears in 4 contracts

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

Repairs and Maintenance. The Tenant shall maintain in good condition and repair the structural portions of the Building including without limitation the foundation and roof and shall maintain in good condition the exterior of the Building, provided that at any time during the Term, Landlord may elect to have Tenant perform repairs and maintenance obligations hereunder, at Tenant’s costs, in which event Tenant shall do so in accordance with all Laws and in a good, safe, and workmanlike manner. If Landlord is required to perform repairs and maintenance, then Tenant agrees to reimburse Landlord for all costs and expenses of Landlord in performing such repairs and maintenance no later than five (5) days after Tenant receives a request for reimbursement from Landlord. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance. There shall be no abatement of Rent and, except for the gross negligence or willful misconduct of Landlord or its employees, no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvement in or to any portion of the Premises or in or to fixtures, appurtenances and equipment therein; provided, that Landlord, its employees, agents and contractors use reasonable efforts not to unreasonably interfere with Tenant’s business in exercise of Landlord’s rights or obligations hereunder. Except as may otherwise be expressly set forth herein, Tenant affirms that (a) take good care neither Landlord nor any agent, employee or officer of Landlord has made any representation regarding the condition of the Apartment Premises, the Building, the Common Areas or the Project, and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time not be obligated to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of undertake any repairs that are not "normal wear and tear" repairsrepair, any such costs shall be considered additional rent; (e) shall not attach toalteration, hang from remodel, improvement, painting or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesdecorating.

Appears in 4 contracts

Samples: Lease Agreement (Zoned Properties, Inc.), Lease Agreement (Zoned Properties, Inc.), Lease Agreement (Zoned Properties, Inc.)

Repairs and Maintenance. The Except to the extent any of the following is Xxxxxxxx’s obligation pursuant to Section 4[A], Tenants shall keep the interior, non-structural portions of the Premises in a clean condition, and in good repair, all according to the statutes and ordinances in such cases made and provided, and the directions of public officers thereunto duly authorized, all at Tenants’ own expense, and shall yield the same back to Landlord, upon the termination of this Agreement, whether such termination shall occur by expiration of the term, or in any other manner whatsoever, in the same condition of cleanliness and repair as at the date of the execution hereof, loss by fire and reasonable wear and tear excepted. Except to the extent any of the following is Xxxxxxxx’s obligation pursuant to Section 4[A], Tenant shall (a) take good care of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever renewals upon Premises and replace broken fixtures with material of the need results from same size and quality as that broken. If, however, the Tenant's act Premises shall not thus be kept in good repair and in a clean condition by Tenants, as aforesaid, Landlord may enter the same, or by Landlord’s agents, servants or employees, without such entering causing or constituting a termination of neglect this Agreement or an interference with the possession of the Premises by Tenants, and Landlord may replace the same in the same condition of repair and cleanliness as existed at the date of execution hereof, and Tenants agree to pay Landlord, in addition to the rent hereby reserved, the expenses of Landlord in thus replacing the Premises in that condition. Tenants shall not cause or permit any waste, misuse or neglect of Tenant’s family membersthe water, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairwater, gas or electric fixtures. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall Tenants will also be responsible in compliance with all laws and regulations during the entire term of this Agreement, except for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for repairs required of the Landlord to do so after Tenant vacatesbe made and damage occasioned by fire, hurricane or other causes as provided for in this Agreement.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

Repairs and Maintenance. The Tenant shall (a) take Except with respect to Landlord Repairs (as defined below) and any other obligations of Landlord expressly set forth in this Lease, Tenant, at Tenant’s expense, shall keep and maintain the Premises in good care of the Apartment order and condition including promptly making all equipment repairs necessary to keep and fixtures maintain such in it; (b) promptly make all necessary good order and condition. When used in this Lease, “repairs” shall include repairs and replacements whenever any reasonably necessary replacements. Tenant shall have the need results from the Tenant's act option of neglect replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or the neglect advising Landlord of Tenant’s family membersdesire to have Landlord make such repairs, guests, visitors or contractors (if consented in which case Tenant shall pay to by Landlord for such repairs at Landlord); (c) keep ’s then-standard rate. To the Apartment and extent that Tenant requests that Landlord make any other part repairs that are Tenant’s obligation to make under this Lease, Landlord may elect to make such repairs on Tenant’s behalf, at Tenant’s expense, and Tenant shall pay to Landlord such expense along with the Administrative Fee. If there is an uncured Event of Default, Landlord may elect to require that Tenant prepay the building used by the amount of such repair. All Tenant as repairs shall comply with Laws and utilize materials and equipment that are at least equal in quality to those being repaired. In addition, Tenant shall maintain, at Tenant’s expense, Tenant’s Supplemental HVAC, Premises Hot Water Heaters, and/or Alterations in a clean and safe as possible; manner and (d) promptly notify in proper operating condition throughout the Landlord when there are conditions which need repairTerm. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacates.

Appears in 3 contracts

Samples: Lease (Passage BIO, Inc.), Lease (Passage BIO, Inc.), Passage BIO, Inc.

Repairs and Maintenance. Tenant agrees to utilize the portal to submit to Owner’s Agent any and all repair requests for the Property. In the event of damage by fire, water, acts of God, tenant shall notify Owner’s Agent immediately. Owner’s Agent agrees to make any necessary repairs to the property within a reasonable time provided there is written and dated receipt of such notification. The Tenant will be responsible for any damage to the property beyond ordinary wear and tear and for the cost of service calls if the vendor is not able to confirm an issue reported by the tenant. The tenant agrees to reimburse Owner’s Agent for expenses related to these matters within a thirty (30)-day period. Owner’s Agent shall (a) take good care of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from not be responsible or liable for any damage or injuries to the Tenant's act , his family, or guests. Tenant agrees to maintain the premises in a safe and clean manner. If at any time, it is determined that dust has accumulated on the A/C coil or A/C condensation drain lines are clogged due to TENANT'S failure to timely change an A/C filter or maintain the condensate line, TENANT agrees to pay for professional coil cleaning and/or condensation line cleaning charge. TENANT shall be liable for any damages to the A/C or heating system as a result of neglect TENANT failure to timely change the filters or add vinegar. TENANT agrees that the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other information binder is made part of and is an addendum to this Lease. If any plumbing issues result from TENANT and/or guests flushing anything into the building used by the Tenant as clean toilet other than human waste and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant toilet paper, TENANT shall be responsible for reimbursing any costs or charges incurred. Examples of items that should not be flushed down the Landlord for the cost of any repairs that toilet(s) or sent down other plumbing drains, include, but are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach limited to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlordwipes, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition“flushable” wipes, sanitary napkins, feminine products, diapers, refuse, dental floss, grease, coffee grounds, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatespaper towels.

Appears in 3 contracts

Samples: Residential Lease, Residential Lease, Residential Lease

Repairs and Maintenance. The By taking possession of the Premises, Tenant shall (a) take be deemed to have accepted the Premises as being in good care sanitary order, condition and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Apartment and all equipment and fixtures Tenant excepted. Unless specifically provided in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family membersan addendum to this Lease, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable amount cost of time to make such maintenance and repairs. Tenant shall be responsible for reimbursing the give Landlord for the cost written notice of any required repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) or maintenance. Landlord shall not attach to, hang from be liable for any failure to repair or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the Apartment responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or apartment complex unless approved in writing by a representative interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the Landlord. If Tenant contracts for any such services without written consent of building or the LandlordPremises or to fixtures, Tenant shall be wholly responsible for the payment for any such service appurtenances and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenantequipment therein. Tenant shall also be responsible for returning waives the apartment back right to its original conditionmake repairs at Landlord's expense under any law, statute or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesordinance now or hereafter in effect.

Appears in 3 contracts

Samples: Lease Agreement (Enact Health Management Systems), Lease Agreement (Onsale Inc), Lease Agreement (Rouge Wave Software Inc)

Repairs and Maintenance. The Tenant shall (a) take good care of the Apartment Landlord, at its sole cost and all equipment and fixtures in it; (b) expense, will promptly make all necessary replacements (as opposed to repairs and replacements whenever maintenance) of capital items serving the Project in a manner consistent with the standards prevailing from time to time for Comparable Class Buildings, including, but not limited to the roof, foundation and structural elements of the Buildings, the HVAC system, major elevator components and the main equipment and systems providing services to the Project including without limitation, the Project-wide sprinkler systems, mechanical, electrical, life safety and plumbing systems, elevators, the fire alarm systems and repaving of the Parking Area, unless the need results from for any such replacement is caused by the negligence or willful misconduct of Tenant or its agents, employees, or contractors, or breach of this Lease by Tenant's act , in which event Tenant will bear the cost of neglect such repairs to the extent as provided in this Lease. In no event will Landlord be liable to Tenant for failure to make any required replacement unless written notice of the need for such replacement has been delivered by Tenant to Landlord and Landlord shall fail to make such replacement within a reasonable period after receipt of such notice. If Landlord fails to perform a required replacement or fails to repair a warranted item within a reasonable period after receipt of notice as set forth above, and such failure causes the neglect Project to be without an essential building service (such as electricity or HVAC but not to include elevators) which renders all or any portion of the Premises untenantable for five (5) consecutive business days, and so long as the correction of the problem is within Landlord’s reasonable control, then Tenant shall be entitled to an abatement of Rent (in proportion to the area so untreatable) until such essential service is restored. If such failure aggregates to a total of forty-five (45) days in any twelve (12) month period, and so long as the correction of the problem is within Landlord’s reasonable control, then Tenant shall have the right to terminate this Lease. Landlord will consult with Tenant regarding the need for replacement of capital items. In the event of a dispute between Landlord and Tenant as to whether a particular item is a capital replacement to be made by Landlord (or whether such item is not in need of replacement and is instead part of Tenant’s family membersrepair and maintenance of capital items), guestswhich dispute is not resolved by the parties within fifteen (15) days after Tenant’s notice to Landlord of the Tenant’s request for such replacement, visitors then, within ten (10) days after the expiration of such fifteen (15) day period, Landlord and Tenant shall each select an independent disinterested engineer, which engineers shall mutually determine (within ten (10) days) whether the item in question is a capital replacement to be made by Landlord or contractors (if consented to by Landlord); (c) keep the Apartment whether such item is not in need of replacement and any other is instead part of Tenant’s repair and maintenance of capital items. The losing party shall bear the building used costs of both engineers. If the engineers cannot agree, then the engineers shall mutually select a third independent disinterested engineer. Such third engineer shall then (within ten (10) days) make its determination whether the item in question is a capital replacement or whether such item is not in need of replacement and is instead a repair and maintenance item, whose decision shall be final and binding. The losing party shall pay the fees and costs of such third engineer. At a minimum, each of the engineers shall be disinterested engineers, with substantial experience in the Miami-Dade County commercial real estate office market. Except for the specific capital items to be replaced by Landlord as described above and the Tenant items warranted by Landlord as clean described above , Tenant, at its sole cost and expense, will repair and maintain (and replace if necessary) the Project (including, without limitation, all furniture, trade fixtures and equipment of Tenant, all areas devoted to corridors, elevator lobbies, restrooms, mechanical rooms, janitorial closets, electrical and telephone closets, vending areas, lobby areas, refuse dumpsters, loading docks and other similar facilities, Building stairs, Building elevator shafts, elevator mechanical rooms, fire towers, Building electrical, mechanical and telephone rooms, electrical, communications and mechanical chases, projections, flues, vents, stacks, pipe shafts and other vertical penetrations, ducts and chases) in a clean, attractive and safe as possible; condition and (d) promptly notify in a manner consistent with the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of standards prevailing from time to make repairstime in Comparable Class Buildings, except as to reasonable wear and tear. Upon expiration or earlier termination of this Lease, Tenant will surrender and deliver the Premises to Landlord in a similar condition in which they existed at the commencement of this Lease excepting reasonable wear and tear and damage arising from either an insurable casualty or any cause not required to be repaired by Tenant. Tenant shall be responsible obligated to repair any damage incurred in connection with any removal of Tenant’s furniture, equipment or other personal property by Tenant or its agents, representatives or employees, provided that Tenant shall not be obligated to repair any damage to any area which Landlord has notified Tenant in writing that it intends to refurbish or remove in connection with renovation of the Project for reimbursing re-letting. This Section shall not apply in the case of damage or destruction by fire or other casualty which is covered by insurance maintained by Landlord or Tenant on the Project (as to which Section 15 hereof shall apply) or damage resulting from an eminent domain taking (as to which Section 17 hereof shall apply). To the extent possible, Landlord will assign to Tenant the benefit of any manufacturer’s warranties and guaranties with respect to the items installed by Landlord but to be maintained by Tenant regarding the Project. Landlord will obtain the warranties and guaranties as may be expressly required in the final approved Construction Documents for the cost Premises. Landlord will use reasonable efforts to cause Tenant to be a third party beneficiary of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to ’s construction contract with its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesgeneral contractor.

Appears in 3 contracts

Samples: Lease (Interval Leisure Group, Inc.), Lease (Interval Leisure Group, Inc.), Lease (Interval Leisure Group, Inc.)

Repairs and Maintenance. The Tenant shall (a) take good care During the term of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family membersthis Lease, guestsLessor, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant at its expense, shall be responsible for reimbursing maintaining and keeping in good repair the Landlord exterior and structural parts of the building and the paved parking areas and driveway on the Leased Premises. Lessor will also provide landscaping for the cost Leased Premises and will maintain in good repair the lawn and all landscaped areas of the Leased Premises. Lessor will make or cause any necessary repairs or maintenance to be made or performed as soon as is reasonably possible after having been notified by Lessee that such repairs or maintenance are not "normal wear and tear" repairsnecessary, any unless the need for such costs repairs or maintenance are a result of Lessee’s negligence in which case, the repairs or maintenance shall be considered additional rent; (e) shall Lessee’s obligation and responsibility. During the term of this Lease, Lessee, at its expense, will maintain and keep in good repair the interior of the Leased Premises including, but not attach limited to, hang from all equipment, air conditioning, heating, plumbing, and electrical equipment and machinery on or place anything on in the railings Leased Premises. Lessee further agrees to enter into and maintain in effect during the term of this Lease a service and maintenance contract with a licensed HVAC contractor acceptable to Lessor providing for periodic inspection, maintenance and service of the patio or deck; heating and ( f ) Tenant air conditioning equipment in the Leased Premises. Upon request by Lessor, Lessee agrees not to install any partition wallsfurnish to Lessor a copy of its service and maintenance contract for the HVAC equipment. No outside contractor is authorized Lessee further agrees to perform any services at keep the Apartment or apartment complex unless approved in writing by a representative exterior of the LandlordLeased Premises as well as the parking and driveway areas in a neat and orderly manner, free and clear of all trash and debris. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant Lessee shall also be responsible for returning providing any trash or waste receptacles and for the apartment back regular removal and disposal of any such trash or waste. Provided, however, that Lessee shall not be responsible for any repairs and shall not be required to its original reimburse Lessor for or pay the cost of repairs to the Leased Premises or any part thereof or to fixtures of the building occasioned by or resulting from fire, other casualties or acts of God. Subject to the respective obligations of the Lessor and the Lessee to repair and maintain the Leased Premises and improvements located thereon as herein expressly provided, Lessee will deliver up the Leased Premises at the end of the term of the Lease or any extension hereof in good condition, reasonable wear and tear, damage by fire, other casualty or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatescasualties and acts of God excepted.

Appears in 3 contracts

Samples: Office Lease Agreement, Warehouse Lease Agreement (Pokertek Inc), Warehouse Lease Agreement

Repairs and Maintenance. The a. This is an absolute “Triple Net” Lease. It is a single-use and free-standing building with no other improvements on the Property. As a result the Tenant agrees that it shall (a) take good care maintain, replace, repair and keep all portions of the Apartment Premises which include but are not limited to all structural components (including any foundation members, supports, load-bearing members and all equipment walls and fixtures in it; (bthe roof) promptly make all necessary repairs and replacements whenever as well as the need results interior wall surfaces from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost exterior of any repairs that are not "normal wear such wall inward, storefront glass, doors (including storefront automatic doors and tear" repairsservice doors), any such costs shall be considered additional rent; (e) shall not attach todoor hardware, hang from or place anything on plumbing, electrical and mechanical equipment which exclusively serve the railings of Premises, and the patio or deck; Property, and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved every component therein, in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlordgood order, Tenant shall be wholly responsible for the payment for any such service operating condition, maintenance and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenantrepair. Tenant shall also maintain all Tenant signage, trade fixtures, improvements, and equipment in good order, operation condition and repair. Tenant shall also keep the Premises in a clean, sanitary and safe condition in accordance with all directions, rules and regulations of any health officers, building inspectors or other proper officers of the governmental agencies in the county in which the Shopping Center is located; and such other local, state or federal governmental authorities with jurisdiction over the Premises (collectively, the “Governmental Authorities”). Tenant shall permit no injury to the Premises, and shall, at its own cost and expense, replace with glass of the same or better quality any damaged or broken glass, including plate glass or other breakable materials used in structural portions of any interior or exterior windows and doors on the Premises. Tenant shall dispose of all trash and waste materials in outside trash containers to be responsible located in the designated trash areas or enclosures. Tenant shall flatten all boxes for returning dumping of trash. Tenant shall, at its own cost and expense, replace any light bulbs, frames, ballasts, and accessory parts thereof on the apartment back to its original Premises that may be broken or damaged during the Lease Term. Tenant, in keeping the Premises in good order, condition, and repair, shall exercise The Tenant will also maintain the HVAC system as required for reasonable mechanical integrity on a quarterly basis. Tenant understands and specifically agrees that as part of its obligation to maintain and repair the Premises and Property, that if required, the Tenant shall undertake at its sole cost and expense any improvements deemed to be “Capital Improvements” (as that term is generally defined by generally accepted accounting principals.) which may include the replacement or else repaving of any parking field, roof or structural component. Any such Capital Improvements when made shall be liable deemed to be fixtures on the Premises and Property and shall absolutely belong to the Landlord. To the extent that any such improvement requires the transfer to the Landlord for by any instrument (including xxxx of sale or deed) then the costs incurred for Tenant shall execute any such document so as to evidence the Tenant’s intent to transfer any such interest to the Landlord. In addition to other rights and remedies available to Landlord pursuant to do this Lease, if Tenant fails to perform Tenant’s obligations under this Article 10, Landlord may enter upon the Premises after forty-five (45) days’ prior written Notice to Tenant (except in the case of an emergency, in which case no Notice shall be required), perform such obligations on Tenant’s behalf, and put the Premises in good order, condition and repair, at Tenant’s expense. Notwithstanding the foregoing, in the event Tenant commences any repair or maintenance as required hereunder during said 45-day period, but is unable to complete the same using commercially reasonable efforts, Tenant will be permitted to complete such repair or maintenance so after long as Tenant vacatesis diligently pursuing completion of the same.

Appears in 2 contracts

Samples: www.sec.gov, Center Lease (Natural Grocers by Vitamin Cottage, Inc.)

Repairs and Maintenance. The Tenant shall (a) take good care Tenant shall keep the Premises, including the Leasehold Improvements (as defined in Section 9(a)), Tenant’s Property (as defined in Section 9(b)), the lighting, walls ceilings, and floors of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever Premises, the need results from the Tenant's act of neglect or the neglect of property identified as Tenant’s family membersrepair obligation on Exhibit E, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other equipment which use is dedicated to the Premises, neat, clean and in good order and condition, reasonable wear and tear excepted. Tenant shall give Landlord prompt notice of any damage to or defective condition, of which it becomes aware or reasonably should become aware, in any part or appurtenance of the building used by Premises, the Tenant as clean Leasehold Improvements, Tenant’s Property, or the Building including mechanical, electrical, plumbing, heating, ventilating, air conditioning and safe as possible; other equipment, facilities and systems located within or serving the Building (d) promptly notify hereinafter the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs“Building Systems”). Tenant shall be responsible for reimbursing all repairs, replacements and alterations in and to the Premises, the Leasehold Improvements, Tenant’s Property, the lighting, walls ceilings, and floors of the Premises, the property identified as Tenant’s repair obligation on Exhibit E, and any other equipment which use is dedicated to the Premises and for all repairs, replacements and alterations in and to the Building and the Building Systems, the need for which arises out of : (i) Tenant’s use or occupancy of the Premises, reasonable wear and tear excepted; (ii) the installation or use of Tenant’s Property in the Premises; (iii) the moving of Tenant’s Property into or out of the Building; or (iv) any other act or omission of Tenant or Tenant’s Representatives; provided, however, that such repairs, replacements or alterations (other than to Tenant’s Property) shall be made by Landlord for and Tenant shall pay Landlord within 10 days of demand the cost of any repairs that are not "normal wear and tear" repairstherefor plus a 10% Surcharge. Landlord may, before commencing any such costs shall be considered additional rent; work or at any time thereafter, require Tenant to furnish to Landlord such security in form (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing including a bond issued by a representative of the surety satisfactory to Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant ) and amount as Landlord shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesdeem reasonably necessary.

Appears in 2 contracts

Samples: Lease (Plures Technologies, Inc./De), Lease (CMSF Corp)

Repairs and Maintenance. The Tenant shall (a) take Tenant shall keep the Premises, including the Leasehold Improvements and Tenant's Property (both as hereinafter defined) neat, clean and in good care order and condition. Tenant shall give Landlord prompt notice of any damage to or defective condition in any part or appurtenance of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever Premises, the need results from the Leasehold Improvements, Tenant's act of neglect Property, or the neglect of Tenant’s family membersBuilding (including mechanical, guestselectrical, visitors plumbing, heating, ventilating, air conditioning and other equipment facilities and systems located within or contractors (if consented serving the Building, collectively sometimes hereinafter referred to by Landlordas the "Building Systems"); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing (i) all repairs, replacements and alterations in and to the Premises, the Leasehold Improvements and Tenant's Property, and (ii) for all repairs, replacements and alterations in and to the Building and the Building Systems, the need for which arises out of (A) Tenant's use or occupancy of the Premises; (B) the installation or use of Tenant's Property in the Premises; (C) the moving of Tenant's Property into or out of the Building; or (D) any other act or omission of Tenant or Tenant's Representatives; provided, -------- however, that such repairs, replacements or alterations (other than to Tenant's ------- Property) shall be made by Landlord for and Tenant shall pay Landlord within ten (10) days of demand the cost of any repairs that are not "normal wear therefor as determined by Landlord, plus 7% for Landlord's overhead and tear" repairsprofit. Landlord may, before commencing any such costs shall be considered additional rent; work or at any time thereafter, require Tenant to furnish to Landlord such security in form (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing including a bond issued by a representative of the surety satisfactory to Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant ) and amount as Landlord shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesdeem necessary.

Appears in 2 contracts

Samples: Sublease Agreement (Accord Networks LTD), Sublease Agreement (Accord Networks LTD)

Repairs and Maintenance. The 18.1. Tenant, at its sole cost and expense, shall maintain and keep the Premises, all improvements thereon, and all appurtenances thereto, including sidewalks, parking areas, curbs, roads, driveways, lighting standards, landscaping, sewers, water, gas and electrical distribution systems and facilities, drainage facilities, and all signs, both illuminated and non-illuminated that are now or hereafter on the Premises, in good condition and in a manner consistent with the Permitted Use. Tenant shall make all repairs, replacements and improvements, including all structural, roof, HVAC, plumbing and electrical repairs, replacements and improvements required, and shall keep the same free and clear from all rubbish, debris, insects, rodents and other vermin and pests. Tenant, within thirty (a30) take good care days after Landlord’s request, shall provide to Landlord a copy of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary budget for maintenance, repairs and replacements whenever at the need results from Premises for the Tenant's act current calendar year, as well as a detailed summary of neglect or the neglect of Tenant’s family membersamounts actually expended by Tenant during the preceding calendar year for maintenance, guestsrepairs and replacements at the Premises. All repairs made by Tenant shall be at least equal in quality to the original work, visitors or contractors (if consented to and shall be made only by a licensed, bonded contractor approved in advance by Landlord); provided, however, that such contractor need not be bonded or approved by Landlord if the non-structural alterations, repairs, additions or improvements to be performed do not exceed Twenty-Five Thousand Dollars (c$25,000) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairin value. Landlord shall have a may impose reasonable amount of time restrictions and requirements with respect to make such repairs. Tenant shall be responsible for reimbursing not take or omit to take any action, the Landlord for taking or omission of which shall cause waste, damage or injury to the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the TenantPremises. Tenant shall also be responsible for returning indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold harmless Landlord from and against any and all Claims (as defined below) arising out of the apartment back failure of Tenant or Tenant’s Agents to its original condition, or else shall be liable to perform the Landlord for the costs incurred for the Landlord to do so after Tenant vacates.covenants contained in this paragraph. “

Appears in 2 contracts

Samples: Lease (Asterias Biotherapeutics, Inc.), Lease (Biotime Inc)

Repairs and Maintenance. The Tenant shall (a) take Lessee covenants and agrees to keep and maintain in good care order, condition and repair the interior of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever Leased Premises during the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part term of the building used Lease, and further agrees that the Lessor shall be under no obligation to make any repairs or perform any maintenance to the interior of the Leased Premises unless specifically provided for herein or unless such repairs or maintenance are necessitated by the Tenant as clean negligent acts of Lessor. The Lessee covenants and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant agrees that it shall be responsible for reimbursing janitorial service and window cleaning to the Landlord for Leased Premises of such frequency as may be required to maintain the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings interior of the patio or deck; Leased Premises and ( f ) Tenant agrees not to install any partition wallsthe interior and exterior glass in a neat and clean condition. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant Lessee shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning maintenance and repair of non-structural interior walls, plate glass (including display windows), ceiling, and any trade fixtures or other personal property, Interior Improvements (as defined in paragraph (22) below) mechanical equipment which Lessee installs or, has as part of the apartment back final finish, placed in the Leased Premises. Lessee, if not in default under this Lease, may upon termination hereof remove all of Lessee's trade fixtures, personal property and equipment from the Leased Premises provided that Lessee repairs any damage caused by such removal and restores the Leased Premises to its original conditionthe condition existing as of the date said items were installed in the Leased Premises. Upon termination of this Lease for any reason, or else Lessee shall not remove any Interior Improvements, as that term is defined in paragraph (22) below. All such Interior Improvements shall remain to and for the benefit of the Lessor, and Lessor shall be liable deemed to own said Interior Improvements free and clear of all liens and encumbrances effective on the date this Lease terminates. Failure to remove any property which Lessee is obligated or entitled to remove upon termination hereof on or before thirty (30) days after termination of this Lease shall be conclusive evidence of abandonment of said property by Lessee and title to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatessame shall immediately vest in Lessor.

Appears in 2 contracts

Samples: Office Lease Agreement (Nicolet Bankshares Inc), Nicolet Bankshares Inc

Repairs and Maintenance. The Tenant shall (a) take Except with respect to Landlord Repairs (as defined below), Tenant, at Tenant’s expense, shall keep and maintain the Premises in good care of the Apartment order and condition including promptly making all equipment repairs necessary to keep and fixtures maintain such in it; (b) promptly make all necessary good order and condition. When used in this Lease, “repairs” shall include repairs and replacements whenever any reasonably necessary replacements. Tenant shall have the need results from the Tenant's act option of neglect replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or the neglect advising Landlord of Tenant’s family membersdesire to have Landlord make such repairs, guests, visitors or contractors (if consented in which case Tenant shall pay to by Landlord for such repairs at Landlord); (c) keep ’s then-standard rate. To the Apartment and extent that Tenant requests that Landlord make any other part repairs that are Tenant’s obligation to make under this Lease, Landlord may elect to make such repairs on Tenant’s behalf, at Tenant’s expense, and Tenant shall pay to Landlord such expense along with the Administrative Fee. If Tenant has been in default under this Lease, Landlord may elect to require that Tenant prepay the amount of such repair. All repairs made by Landlord or Tenant shall utilize materials and equipment that are at least equal in quality, number, and usefulness to those originally used in constructing the building used by Building and the Premises. If either Tenant as or Landlord (at Tenant’s request) installs and/or operates HVAC equipment (“Tenant’s Supplemental HVAC”) and/or any Alteration, Tenant, at Tenant’s expense, shall maintain Tenant’s Supplemental HVAC and/or Alteration in a clean and safe manner and in proper operating condition throughout the Term and, with respect to Tenant’s Supplemental HVAC, under a service contract with a firm and upon such terms as possible; may be reasonably satisfactory to Landlord, including inspection and (d) promptly notify maintenance on at least a semiannual basis, and provide Landlord with a copy thereof. Within 5 days after Landlord’s request, Tenant shall provide Landlord with evidence that such contract is in place. All repairs to the Landlord when there are conditions which need repairBuilding and/or the Project made necessary by reason of the installation, maintenance, and operation of Tenant’s Supplemental HVAC and Alterations shall be Tenant’s expense. In the event of an emergency, such as a burst waterline or act of God, Landlord shall have a reasonable amount of time the right to make repairs. repairs for which Tenant is responsible hereunder (at Tenant’s cost) without giving Tenant prior notice, but in such case Landlord shall be responsible for reimbursing the provide notice to Tenant as soon as practicable thereafter, and Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not take commercially reasonable steps to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for minimize the costs incurred for the Landlord to do so after Tenant vacatesincurred.

Appears in 2 contracts

Samples: Lease (Paratek Pharmaceuticals, Inc.), Lease (Paratek Pharmaceuticals, Inc.)

Repairs and Maintenance. The Tenant Landlord shall (a) take good care maintain, or cause to be ----------------------- maintained in first class working condition, the common areas of the Apartment Building and all equipment the land upon which it is situated, including without limitation the lobbies, elevators, stairs, and fixtures in it; (b) promptly make all corridors, the roof, foundations, structural elements, building systems, parking areas and exterior walls of the Building, and the underground utility and sewer pipes outside the exterior walls of the Building, if any, except any of such repairs rendered necessary repairs and replacements whenever by the need results from the Tenant's act of neglect negligence or the neglect misconduct of Tenant’s family members, guestsits agents, visitors customers, employees, independent contractors, guests or contractors invitees (if consented to the extent not released by Landlord pursuant to Section 18.2), the repair of which shall be paid for by Tenant within thirty (30) days of Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair's written demand with backup invoices. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing not alter the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings existing windows of the patio Premises (whether by addition of film or deck; and ( f ) Tenant agrees not otherwise). Subject to install any partition walls. No outside contractor is authorized Landlord's right of access pursuant to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the LandlordArticle 17, Tenant shall be wholly exclusively responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request interior of the TenantPremises (other than structural elements of the Building and portions of the Building systems within the Premises), which shall be maintained by Tenant in good order and repair, and Landlord shall be under no obligation to inspect the Premises or, except as otherwise expressly provided in this Lease, repair the Premises. Tenant shall also be promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair, and failure to so report such defects shall make Tenant responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for any liability incurred by Landlord by reason of such conditions. Tenant hereby waives the costs incurred for the Landlord right to do so after Tenant vacatesmake repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.

Appears in 2 contracts

Samples: Lease Agreement (Vialog Corp), Expansion Agreement (Call Points Inc)

Repairs and Maintenance. The Tenant shall (a) take good care acknowledges that, with full awareness of its obligations under this Lease, and in light of the Apartment and all equipment and fixtures in it; fact that Landlord acquired the Premises from Tenant (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect an affiliate of Tenant’s family members) as of the Commencement Date, guestsTenant has accepted the condition, visitors state of repair and appearance of the Premises. Except for normal wear and tear and events of damage, destruction or contractors casualty to the Premises (if consented to by Landlordas addressed in Section 18 below); (c) , Tenant agrees that, at its sole expense and throughout the Term, it shall put, keep and maintain the Apartment Premises, including any Alterations and any altered, rebuilt, additional or substituted building, structures and other part of the building used by the Tenant as clean improvements thereto or thereon, in good order, condition, repair and safe as possible; and appearance (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible allowing for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs), and in a safe condition, repair and appearance (collectively, the “Required Condition”) and shall make all repairs and replacements necessary to ensure compliance with the Required Condition. Without limiting the foregoing, Tenant shall promptly make all structural and nonstructural, foreseen and unforeseen, ordinary and extraordinary changes, replacements and repairs of every kind and nature, and correct any such costs shall patent or latent defects in the Premises, which may be considered additional rent; required to put, keep and maintain the Premises in the Required Condition. Tenant will keep the Premises orderly and free and clear of rubbish. Tenant covenants to perform or observe all terms, covenants and conditions of any easement, restriction, covenant, declaration or maintenance covenants of record (ecollectively, “Easements”) to which the Premises are currently subject or become subject pursuant to this Lease (it being agreed that Landlord shall not attach toamend any Easement or agree to any additional Easement in any manner that will either limit, hang in any adverse respect, Tenant’s rights under this Lease or impose any new or increased burden, economic or otherwise, on Tenant, without Tenant’s prior written consent, which consent may be withheld in Tenant’s sole, but reasonable, discretion), whether or not such performance is required of Landlord under such Easements, including, without limitation, payment of all amounts due from Landlord or place anything on Tenant (whether as assessments, service fees or other charges) under such Easements. Tenant shall deliver to Landlord promptly, but in no event later than five (5) business days after receipt thereof, copies of all written notices received from any party thereto regarding the railings non-compliance of the patio Premises or deck; and ( f ) Landlord’s or Tenant’s performance of obligations under any Easements. Tenant agrees shall, at its expense, use reasonable efforts to enforce compliance with any Easements benefiting the Premises by any other person or entity or property subject to such Easements. Landlord shall not be required to install maintain, repair or rebuild, or to make any partition wallsalterations, replacements or renewals of any nature to the Premises, or any part thereof, whether ordinary or extraordinary, structural or nonstructural, foreseen or not foreseen, or to maintain the Premises or any part thereof in any way or to correct any patent or latent defect therein except to the extent such action is necessitated by Landlord’s or Agent’s negligence or willful misconduct or by actions taken by or on behalf of Landlord in connection with Landlord’s inspection of the Premises prior to Landlord’s acquisition of title thereto. No outside contractor is authorized Tenant hereby expressly waives any right to perform any services make repairs at the Apartment expense of Landlord which may be provided for in any Law in effect at the Commencement Date or apartment complex unless approved in writing by a representative of the Landlordthat may thereafter be enacted. If Tenant contracts for any such services without shall abandon the Premises, it shall give Landlord immediate written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesnotice thereof.

Appears in 2 contracts

Samples: Industrial Building Lease (Lenox Group Inc), Purchase and Sale Agreement (Lenox Group Inc)

Repairs and Maintenance. The 17.01. Tenant shall (a) shall, throughout the Term, take good care of the Apartment Demised Premises, the fixtures and appurtenances therein, and shall not do, suffer, or permit any waste with respect thereto. Tenant shall keep and maintain the Demised Premises including without limitation all equipment building equipment, windows, doors, loading bay doors and fixtures shelters, plumbing and electrical systems, heating, ventilating and air conditioning ("HVAC") systems (whether located in it; (bthe interior of the Demised Premises or on the exterior of the Building) promptly make in a clean and orderly condition. Tenant shall, at Landlord's option, keep and maintain in a clean and orderly condition all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment HVAC systems and any other mechanical or other systems exclusively serving the Demised Premises which are located in whole or in part outside of the building used by Demised Premises (it being understood and agreed that if Landlord shall elect to keep and maintain said systems, then the cost of same shall be included in Operating Expenses). Tenant as shall keep and maintain all exterior components of any windows, doors, loading bay doors and shelters serving the Demised Premises in a clean and safe orderly condition. The phrase "keep and maintain" as possible; and (d) promptly notify used herein includes repairs, replacement and/or restoration as appropriate. Tenant shall not permit or suffer any over-loading of the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount floors of time to make repairsthe Demised Premises. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" all repairs, any such costs shall be considered additional rent; interior and exterior, structural and nonstructural, ordinary and extraordinary, in and to the Demised Premises, and the Building (eincluding the facilities and systems thereof) shall not attach to, hang from and the Common Areas the need for which arises out of (a) the performance or place anything on the railings existence of the patio Tenant's Work or deck; and ( f alterations, (b) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment installation, use or apartment complex unless approved in writing by a representative operation of the Landlord. If Tenant contracts for any such services without written consent Tenant's Property in the Demised Premises, (c) the moving of the Tenant's Property in or out of the Building, or (d) the act, omission, misuse or neglect of Tenant or any of its subtenants or its or their employees, agents, contractors or invitees. Upon request by Landlord, Tenant shall furnish Landlord with true and complete copies of maintenance contracts and with copies of all invoices for work performed, confirming Tenant's compliance with its obligations under this Article. In the event Tenant fails to furnish such copies, Landlord shall have the right, at Tenant's cost and expense, to conduct such inspections or surveys as may be wholly required to determine whether or not Tenant is in compliance with this Article and to have any work required of Tenant performed at Tenant's cost and expense. Tenant shall promptly replace all scratched, damaged or broken doors and glass in and about the Demised Premises and shall be responsible for all repairs, maintenance and replacement of wall and floor coverings in the Demised Premises and for the repair and maintenance of all sanitary and electrical fixtures and equipment therein. The Tenant shall also arrange for its own cleaning services and rubbish removal, subject to the right of Landlord, at Landlord's option to perform such services and include the cost of such services in Operating Expenses. Tenant shall promptly make all repairs in or to the Demised Premises for which Tenant is responsible, and any repairs required to be made by Tenant to the mechanical, electrical, sanitary, heating, ventilating, air-conditioning or other systems of the Building shall be performed only by contractor(s) designated by Landlord. Any other repairs in or to the Building and the facilities and systems thereof for which Tenant is responsible shall be performed by Landlord at Tenant's expense; but Landlord may, at its option, before commencing any such work or at any time thereafter, require Tenant to furnish to Landlord such security, in form (including, without limitation, a bond issued by a corporate surety licensed to do business in New Jersey) and amount, as Landlord shall deem necessary to assure the payment for any such service and shall hold the Landlord harmless against any claim made work by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacates.

Appears in 2 contracts

Samples: Lease Agreement (Childrens Place Retail Stores Inc), Lease Modification Agreement (Kasper a S L LTD)

Repairs and Maintenance. The Tenant shall (a) take good care Subject to Section 2(b) above, by taking possession of the Apartment Premises, Tenant shall be deemed to have accepted the Premises as being in good and all equipment sanitary order, condition and fixtures repair, including the initial Tenant Improvements, in it; (b) promptly make all necessary repairs good, clean and replacements whenever first-class condition and repair, and in any event in at least as good condition as on the need results from Commencement Date, reasonable wear and tear excepted. Without limiting the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part generality of the building foregoing (but subject to Section 2(b) above), Tenant shall be solely responsible for maintaining and repairing all fixtures, non-Building standard electrical lighting, ceilings and floor coverings, windows, doors, plate glass, skylights, and interior walls within the Premises using the same quality of materials as used by in the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairoriginal construction. Landlord shall have a reasonable amount of time to make repairs. In addition, Tenant shall be responsible for reimbursing all repairs made necessary by Tenant or any Tenant Party. Landlord acknowledges that Tenant shall have no obligation to repair or maintain any areas of the Building outside of the Premises, unless such repair or maintenance is required due to acts of Tenant or any Tenant Party. Excepting maintenance, repairs or replacements required due to the negligence or willful misconduct of Landlord, its agents, employees, contractors and subcontractors, Tenant acknowledges that Landlord for shall have no obligation to maintain, repair or replace any telecommunications or computer cabling or wiring which is located in the cost of Premises or which exclusively serves the Premises (collectively, “Cabling”). Tenant shall, at Tenant’s expense, contract with a reputable contractor to maintain the Cabling. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises except as specifically set forth in this Lease. Under no circumstances shall Tenant make any repairs that are not "normal wear and tear" repairsto the Building or to the mechanical, any such costs shall be considered additional rent; (e) shall not attach toelectrical or heating, hang from ventilating, air conditioning, fire sprinkler or place anything on the railings energy management control systems of the patio Premises or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex Building, unless such repairs are previously approved in writing by a representative Landlord, which shall not be unreasonably withheld, conditioned or delayed. Tenant waives the provisions of 1931(1), 1941 and 1942 of the Landlord. If Tenant contracts for California Civil Code, and any similar or successor law regarding Tenant’s right to make repairs and deduct expenses of such services without written consent of repairs from the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesRent due under this Lease.

Appears in 2 contracts

Samples: Standard Lease Agreement (Allbirds, Inc.), Standard Lease Agreement (Allbirds, Inc.)

Repairs and Maintenance. The 14.01. Landlord shall at its expense, maintain the Building in good repair and condition, including but not limited to the maintenance and repair of the roof, foundation, air conditioning, heating, plumbing and electrical systems and structural components. Tenant will not in any manner deface or injure the Building, and will pay the cost of repairing any damage or injury done to the Building or any part thereof by Tenant or Tenant’s agents, employees or invitees. Tenant shall (a) take good care of the Apartment Premises and keep the Premises free from waste and nuisance of any kind. Tenant shall keep the Premises, including all equipment fixtures installed by Tenant and fixtures any plate glass and special store fronts, in it; (b) promptly good condition, reasonable wear and tear and damage caused by casualty excepted, and make all necessary non-structural repairs and replacements whenever the need results from the Tenant's act except those caused by fire, casualty or acts of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to God covered by Landlord’s fire insurance policy covering the Building. The performance by Tenant of its obligations to maintain and make repairs shall be conducted only by contractors and subcontractors approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned, or delayed); (c) keep , it being understood that Tenant shall procure and maintain and shall cause contractors and subcontractors engaged by or on behalf of Tenant to procure and maintain insurance coverage against such risks, and in such amounts as Landlord may reasonable require and with such companies as landlord may reasonably approve, in connection with any such maintenance and repair. If Tenant fails to make such repairs or take steps to have such condition corrected after the Apartment and any other part occurrence of the building used by the Tenant as clean damage or injury, Landlord may at its option make such repair, and safe as possible; and Tenant, shall within thirty (d30) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount days of time to make repairs. Tenant shall be responsible for reimbursing the request therefor, pay Landlord for the cost thereof. At the end or other termination of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlordthis Lease, Tenant shall be wholly responsible for deliver up the payment for any such service Premises with all improvements located thereon (except as otherwise herein provided) in good repair and condition, reasonable wear and tear and damage caused by casualty excepted, and shall hold the deliver to Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable all keys to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesPremises.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Aralez Pharmaceuticals Inc.)

Repairs and Maintenance. The Tenant Lessee shall (a) take maintain the leased premises in a good care state of repair and be responsible for the costs of maintenance and repairs. He will, among other things, be responsible for the repair and, if necessary, replacement of the Apartment locks of the doors, windows, hinges and all equipment handles, taps, interior paint work, flooring and fixtures the like. All private drainage systems and pipes need to be maintained and cleaned and in it; such a state that no blockage is possible. He will maintain the water pipes and the central heating (bas far as these are private, otherwise through the maintenance contract) promptly make all necessary repairs and replacements whenever the need results and, when necessary, protect them from the Tenant's act of neglect frost. The Lessor or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part manager of the building used can close maintenance contracts for this purpose on the behalf of the Lessee. All defects, damage, and the like are presumed to have arisen after the effective date of this lease agreement, with the exception of those listed in the delivery report, and are to be borne by the Tenant as clean Lessee. Only the hidden defects of the leased premises that impede the use thereof and safe as possible; and (d) promptly notify that are reported within twelve months after the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount signing of time the contract to make repairs. Tenant the Lessor shall be responsible for reimbursing borne by the Landlord for Lessor. It is agreed that only major and structural repair work, in accordance with Section 606 Civil Code, will be borne by the cost Lessor, as far as they are not caused by the failure of the repairs or errors of the Lessee. The Lessee must immediately report to the Lessor by registered letter which obligations he believes the Lessor should have to fulfil. The damage or inconvenience sustained by failing to recognize this notification requirement will be borne by the Lessee. The Lessee will tolerate any repairs that are not "normal wear and tear" or renovations performed by the Lessor to fulfil his obligations regarding major repairs, as defined, and this without any such costs shall right to compensation or reduction of the rental price. However, if the works result in a permanent unavailability of more than fourteen days and of at least 20% of the leased premises, then the Lessee and the Lessor will hold consultations regarding a rent reduction. The Lessee will always grant access to the Lessor or his representative to all leased premises, in order to carry out the necessary inspections and/or to be considered additional rent; (e) able to perform repairs, or to verify the state of the leased premises. The Lessor shall not attach to, hang from be liable for any interruption of services or place anything on the railings utilities of the patio building or deck; and ( f ) Tenant agrees not to install any partition wallsthe consequences thereof, unless the interruption is caused by his willful misconduct, fraud or gross negligence. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable The Lessor can give notice to the Landlord for Lessee by registered mail, demanding that he carries out the costs incurred for necessary repair work and to end this within thirty days after sending this letter. The Lessor has no task of supervision or control over the Landlord to do so after Tenant vacatesrepairs and the like that the Lessee must perform.

Appears in 2 contracts

Samples: Office Space Lease Agreement (Galapagos Nv), Office Space Lease Agreement (Galapagos Nv)

Repairs and Maintenance. The Tenant LANDLORD shall keep and maintain the exterior walls (a) take good care exclusive of doors and windows of the Apartment leased premises), the main sewer and all equipment and fixtures water lines in it; the event of sewer collapse or other failure (b) promptly excluding roto-rooter of backed up toilets). Provided, however, it shall be the duty of the Tenant, not Landlord, to make all necessary repairs and replacements whenever required because of negligence of Tenant or agents or employees. TENANT shall keep and maintain the need results from leased premises and the Tenant's act of neglect or roof, heating, plumbing, electrical, air conditioning, and other mechanical systems in good condition and repair and shall replace all broken glass in the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part leased premises with glass of the building used by the Tenant same kind and quality as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairsthat broken. Tenant shall keep the leased premises under Tenant’s control free from filth, nuisance, or danger of fire, and in all respects and at all times shall comply with the health and police regulations and ordinances and all other laws now in force or which may hereafter be responsible for reimbursing enacted by the City of Junction City, the State of Kansas, or the Federal Government. Tenant will not do, allow or permit (i) anything to be done or kept in the leased premises which will cause the cancellation of any insurance maintained by the Landlord for on the cost building in which the leased premises are located, (ii) any disturbance of any repairs that are not "normal wear and tear" repairsthe peace or loud or boisterous conduct in or about the premises, any such costs or (iii) the overloading of floors, walls, plumbing, sewer, water, electrical, or heating systems. ADDITIONS OR CHANGES TO LEASED PREMISES NO additions, alterations, changes or improvements shall be considered additional rent; (e) shall not attach to, hang from or place anything on made to leased premises by Tenant without the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord. All additions, alterations, changes and improvements made to the Leased Premises by Tenant which become fixtures to the premises shall be wholly responsible for become the payment for any such service and property of the Landlord. Any addition, alteration, change or improvement which is not a fixture shall hold remain the Landlord harmless against any claim made by a contractor who performs any such service at the request property of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacates.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Repairs and Maintenance. The Landlord’s sole obligations shall be repair, replacement and maintenance of the foundation, structural elements, exterior walls, and exterior windows of the Property. At Tenant’s expense, Tenant shall perform all other maintenance and repairs necessary to maintain the improvements in a first class operating condition and repair, both interior or exterior, ordinary or extraordinary, including the roof, window glass, plate glass, store fronts, sidewalks, curbs, parking lots, parking spaces, doors, windows (a) take good care except exterior windows), screens, awnings, locks, keys, weather stripping and thresholds as well as all interior walls, floors, walls, ceilings and floor coverings. Tenant’s responsibility shall also include landscaping; irrigation; the replacement, servicing, repair and maintenance of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of Property, including the Landlord. If Tenant contracts heating, ventilation, and air conditioning systems and changing filters for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenantsystems. Tenant shall also repair and be responsible for returning the apartment back damage caused by stoppage, breakage, leakage, overflow, discharge or freezing of plumbing pipes, soil lines or fixtures. If any part of the improvements is damaged by Tenant, or Tenant’s employees, agents, or invitees or any breaking and entering of said improvements, Tenant shall provide Landlord with immediate written notification of all damage to the Property. After notification and approval by Landlord, repairs shall be made promptly at Tenant’s expense so as to restore said improvement to its original previous condition. If Tenant refuses or neglects to commence the necessary repairs within thirty (30) days after the written demand by Landlord (other than in the case of emergency), Landlord may (but shall not be required to) make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s stock, business, equipment, or else fixtures by reason thereof, and if Landlord makes such repairs, Tenant shall be pay to Landlord, on demand, as Additional Rent, the cost thereof. Tenant’s failure to pay shall constitute a default under this Lease. Tenant’s failure to give, or unreasonable delay in giving, notice of needed repairs or defects shall make Tenant liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesany loss or damage resulting from delay or needed repairs.

Appears in 2 contracts

Samples: Viemed Healthcare, Inc., Viemed Healthcare, Inc.

Repairs and Maintenance. The By taking possession of the Premises, Tenant shall (a) take be deemed to have accepted the Premises as being in good care sanitary order, condition and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Apartment and all equipment and fixtures Tenant excepted. Unless specifically provided in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family membersan addendum to this Lease, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the exterior walls and roof of the building, the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or mission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable amount cost of time to make such maintenance and repairs. Tenant shall be responsible for reimbursing the give Landlord for the cost written notice of any required repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) or maintenance. Landlord shall not attach to, hang from be liable for any failure to repair or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the Apartment responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or apartment complex unless approved in writing by a representative interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the Landlord. If Tenant contracts for any such services without written consent of building or the LandlordPremises or to fixtures, Tenant shall be wholly responsible for the payment for any such service appurtenances and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenantequipment therein. Tenant shall also be responsible for returning waives the apartment back right to its original conditionmake repairs at Landlord's expense under any law, statute or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesordinance now or hereafter in effect.

Appears in 2 contracts

Samples: Lease Agreement (Verisity LTD), Lease Agreement (Intellicorp Inc)

Repairs and Maintenance. The Tenant Lessor shall (a) take maintain the outside premises and keep them in good care of repair at his expense, including, but not limited to the Apartment exterior walks, stairways, parking lots, shrubbery, landscaping, exterior lighting, roofing and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairoutside windows. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant Lessor shall also be responsible for returning the apartment back maintenance and repair of any major malfunctions of the mechanical, electrical, plumbing, air conditioning and heating systems and any common toilet facilities. Lessor shall maintain the Interior of the leased premises and keep them in good repair at Lessee's cost, including, but not limited to, light bulbs, fixtures, skylights, doors, carpets, etc. The failure of the Lessor to its make repairs shall not affect Xxxxxx's obligation to pay the rent, provided Lessor acts in a reasonable manner to make such repairs. SECTION 8 DELIVERY, ACCEPTANCE, SURRENDER OF PREMISES AND 90-DAY NOTICE OF VACANCY Partial destruction of the leased premises shall not render this lease void or voidable, nor terminate it except as herein provided. If the premises are partially destroyed during the term of this lease, Lessor shall repair them when such repairs can be made in conformity with governmental laws and regulations, according to the following. In the event less than one (1) year is remaining on the original conditionterm of the lease, Lessor may either terminate the lease or else require Lessee to sign a new lease for a new term prior to proceeding with the repairs as provided herein, at Lessor's option. Where more than one year remains on the original term of the lease, Lessor shall make the repairs as herein provided and the rent shall be reduced proportionately in accordance with the amount of space remaining available for occupancy be Lessee. Lessor shall not be liable for any other damages such as loss of business to Lessee. Written notice of the intention to Lessor to repair shall be given to Lessee within fifteen (15) days after any partial destruction. Lessor shall have the option to make them within a reasonable time and continue this lease in effect with proportional rental rebate to Lessee as provided for herein. If the repairs cannot be made in 120 days, and if Lessor does not elect to make them within thirty (30) days after the happening of the event causing the damage, either party shall have the option to terminate this lease. In the event of compete destruction to the Landlord for leased premises, either party hereto may terminate the lease at his option, unless it is agreed between the parties to make the necessary repairs and continue the lease. Disputes between Lessor and Lessee relating to provisions of this section shall be arbitrated. The parties shall select an arbitrator and the two arbitrators selected shall together select a third arbitrator. The arbitrators shall determine the dispute, and their decisions shall be binding on the parties. The parties shall divide the costs incurred for the Landlord to do so after Tenant vacatesof arbitration equally between them.

Appears in 2 contracts

Samples: Xsinventory, Xsinventory

Repairs and Maintenance. The Tenant shall (a) take good care Except with respect to Landlord Repairs (as defined below), Tenant, at Tenant’s expense, shall keep and maintain the interior, nonstructural portions of the Apartment Premises in good order and condition including promptly making all equipment repairs necessary to keep and fixtures maintain such in it; good order and condition (bother than ordinary wear and tear, provided “ordinary wear and tear” does not, and shall not be deemed to, include any damage or deterioration that could have been prevented through proper maintenance, or by Tenant’s full and timely performance of its obligations under this Lease) promptly make all necessary (except to the extent such maintenance, repair or replacement is required as a result of the negligence of Landlord or Landlord’s contractors, employees or agents, in which event it shall be the obligation of Landlord to maintain, repair and/or replace same). When used in this Lease, “repairs” shall include repairs and replacements whenever any reasonably necessary replacements. For purposes of this Section, “nonstructural portions of the need results from Premises” shall be deemed to exclude, without limitation, all plumbing, electric and HVAC systems, whether located in or outside of the Premises (except for the Tenant's act ’s Supplemental HVAC and Premises Hot Water Heaters). Tenant shall have the option of neglect replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or the neglect advising Landlord of Tenant’s family membersdesire to have Landlord make such repairs, guests, visitors or contractors in which case Tenant shall pay to Landlord for such repairs at Landlord’s then-standard rate (if consented such rate to by Landlordbe competitive with the market rate for such services); (c) keep . To the Apartment and extent that Tenant requests that Landlord make any other part of repairs that are Tenant’s obligation to make under this Lease, Landlord may elect to make such repairs on Tenant’s behalf, at Tenant’s reasonable expense, and Tenant shall pay to Landlord such expense along with the building Administrative Fee. All Tenant repairs shall comply with Laws and utilize materials and equipment that are at least equal in quality, number, and usefulness to those originally used by in constructing the Building and the Premises. In addition, Tenant as shall maintain, at Tenant’s expense, Tenant’s Supplemental HVAC, and/or Alterations in a clean and safe as possible; manner and (d) promptly notify in proper operating condition throughout the Landlord when there are conditions which need repairTerm. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacates.

Appears in 2 contracts

Samples: Lease Term (Cabaletta Bio, Inc.), Lease Term (Cabaletta Bio, Inc.)

Repairs and Maintenance. The Tenant shall (a) take Landlord shall maintain in good care order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Apartment Building leased to other tenants), the Building parking facilities, the public areas and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairlandscaped areas. Landlord shall have a reasonable amount of time to make repairs. Tenant Such maintenance shall be responsible for reimbursing in a manner comparable to other buildings in Wildwood Office Park and shall include, without limitation, the Landlord for "Maintenance Services", as defined below. Notwithstanding the foregoing obligation, the cost of any repairs that are not "normal wear and tear" repairsor maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, any such costs contractors, employees, invitees, licensees, tenants or assigns, shall be considered additional rent; borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord within fifteen (e15) days after demand. Landlord shall not attach be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenantability and material repairs necessitated by damage caused by Landlord, its agents or employees acting within the scope of their agency or employment. The term Maintenance Services shall include (i) maintaining the exterior walls, exterior windows, exterior doors and roof of the Building, common areas, public corridors, stairs, elevators, storage rooms, restrooms, the heating, ventilating and air conditioning systems, electrical and plumbing systems of the Building, the walks, paving and landscaping surrounding the Building, (ii) grounds care, including, but not limited to, hang from or place anything on the railings sweeping of walks and parking areas and maintenance of landscaping in an attractive manner, illumination, snow removal, deicing and lawn care, all consistent with the patio or deck; grounds care of Wildwood Office Park, (iii) general maintenance, including supervision, inspections and ( f management functions as typically carried out in Wildwood Office Park, and (iv) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any extermination and pest control services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service Building (and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacates.common areas herein) and

Appears in 2 contracts

Samples: Lease Agreement (TSW International Inc), Lease Agreement (Indus International)

Repairs and Maintenance. The Tenant Lessee shall (a) take good care at its sole expense keep the interior of the Apartment premises in as good order and repair as it is at the commencement of this Lease Agreement, reasonable wear and tear excepted. A walk-through of the current Biotage space was made by representatives of Lessee and Lessor at the commencement of the first Lease and a checklist was prepared which stated the condition of all equipment leased property. This checklist was signed by both representatives at the time of the walk-through. Repairs noted as required to be made were completed by Lessor. A walk-through of the new Biotage space will be made by representatives of Lessee and fixtures in it; Lessor at the commencement of this Lease and a checklist prepared which states the condition of all leased property. This checklist will be signed by both representatives at the time of the walk-through. Repairs noted as required to be made will completed by Lessor. A walk-through shall be made no later than thirty (b30) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act days prior to expiration of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment this Lease and any other part repairs noted as required shall be completed by Lessee, said repairs to be completed to the reasonable satisfaction of the building used Lessor. If Lessee fails to complete any such repairs by the Tenant as clean and safe as possible; and (d) promptly notify date of the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount termination of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for Lease the cost of any performing such repairs that are not "normal wear and tear" repairs, shall be deducted from Lessee's deposit. Lessee's deposit shall be released upon completion of any such costs repairs in accordance with the terms of paragraph 3, above. Lessee agrees to replace or repair all broken or damaged glass, locks, plaster and flooring at the sole expense of Lessee and such replacement or repair shall be considered additional rent; (e) shall to the satisfaction of Lessor. Lessee agrees to use water closets and other plumbing fixtures only for the purpose for which they were installed and not attach toto place sweepings, hang from rubbish, rags, chemicals, or place anything on the railings of the patio or deck; and ( f ) Tenant other items in such fixtures. Lessee agrees not to install on the property any partition walls. No outside contractor is authorized to perform heating unit or antenna of any services at kind without the Apartment or apartment complex unless approved in writing by a representative consent of the LandlordLessor. If Tenant contracts for Lessee agrees to keep all doors and windows closed during rain or snow, not to keep any such services explosive or flammable chemicals in unprotected areas on the property, and not to affix or suspend any signs, advertisements or notices upon or from any part of the property without the written consent of the Landlord, Tenant shall be wholly responsible Lessor. Lessor will provide a directory sign at the entrance to the parking area identifying the Lessee's business. Lessee further agrees not to place an iron safe or other heavy articles (defined as being greater than 125 lbs. per square foot) on the property without the written consent of the Lessor and agrees to indemnify the Lessor for all damages resulting from the payment for placement or moving of any such service article. Lessee agrees not to use any harsh or abrasive compounds or solvents on any tile floors and shall hold the Landlord harmless against to use only waxes of a water emulsion type. Notwithstanding any claim made by a contractor who performs any such service at the request of the Tenant. Tenant above, the Lessee shall also not be responsible for returning any repairs resulting from the apartment back negligence or willful acts of the Lessor or its agent. Lessor agrees to maintain and keep in good repair the heating systems, ventilation systems, air conditioning system, plumbing, sprinkler, electrical (not including lamp and other light fixture replacement), the roof, the exterior of the building, the grounds, and the parking areas except for any improvements made by the Lessee which maintenance shall be the responsibility of the Lessee. Said maintenance and repair shall be performed at Lessor's own expense, except for (a) any damage exceeding reasonable wear and tear caused by the Lessee, and (b) any damage which in the reasonable judgement of the Lessor is due to abuse or improper use of the systems, etc., by Lessee, both of which kinds of damages shall be paid for by Lessee. Lessor shall, at its original conditionsole expense, or else have the sprinkler system tested annually as required for Lessor's insurance policy. Lessor shall not be liable to Lessee, its employees, agents or invitees for any damage or injury to persons or property or for any loss or interruption of business sustained by Lessee resulting from any occurrence or condition in or upon the Landlord for leased Premises, or the costs incurred for land, sidewalks and parking places adjacent thereto, unless said injury, damage, loss or interruption was caused by the Landlord to do so after Tenant vacatesnegligence or willful misconduct of Lessor, its agents or employees.

Appears in 2 contracts

Samples: Lease (Dyax Corp), Lease (Dyax Corp)

Repairs and Maintenance. The Tenant (A) LANDLORD shall (a) take good care of not have any obligation to make any repairs or alterations to the Apartment PREMISES or any part thereof, except as otherwise expressly provided in this Lease. Throughout the TERM and any EXTENSION PERIODS, TENANT covenants and agrees to maintain the PREMISES and all equipment additions and fixtures improvements made upon them in it; (b) promptly make all necessary repairs such repair, order and replacements whenever condition as the need results from same are in at the Tenant's act commencement of neglect said term or may be put in by LANDLORD or TENANT during the neglect of Tenant’s family memberscontinuance thereof, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, damage by fire or any such costs other casualty, taking by eminent domain, and items which LANDLORD is expressly obligated to repair only excepted. Without limiting the generality of the foregoing, TENANT's responsibilities shall be considered additional rent; (e) include providing regular maintenance and repairs to all heating, air conditioning, hot water and other equipment serving the PREMISES as well as providing janitorial and cleaning services and repairing any damage to the PREMISES not caused due to the negligence, fault or misconduct of LANDLORD. TENANT shall not attach to, hang from permit or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install commit any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlordwaste. If Tenant contracts for any repairs are required to be made by TENANT pursuant to the terms hereof, LANDLORD may demand that TENANT make the same forthwith, and if TENANT refuses or neglects to commence such services without repairs within 30 days after written consent notice and to complete the same within reasonable dispatch after such demand, LANDLORD may (but shall not be required to) make or cause such repairs to be made. If LANDLORD makes or causes such repairs to be made, TENANT agrees that TENANT shall forthwith, within 30 days of written demand, which demand shall include invoices or other reasonable evidence of such sums expended by LANDLORD, pay to LANDLORD the Landlordcost thereof, Tenant and if TENANT shall be wholly responsible default in such payment, LANDLORD shall have the remedies provided for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, nonpayment or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesrent or other charges hereunder.

Appears in 2 contracts

Samples: Acusphere Inc, Acusphere Inc

Repairs and Maintenance. The Tenant shall (a) take good care of the Apartment properly use and operate all equipment furniture, furnishings and appliances, electrical, gas and plumbing fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant them as clean and safe sanitary as possible; their condition permits. Pool/Spa/Hot tub - If applicable, tenant agrees to properly maintain any pool/hot tub/spa on or in the property or have it maintained by a professional service. This does not apply to HOA/Community controlled/maintained pools/spas/hot tubs. This maintenance shall be done at the expense of the Tenant Agent. Tenant agrees to be responsible for any damage caused to the above mentioned pool/spa/hot tub, and (dto adhere to any necessary instructions from a professional pool company, if given. If tenant does not properly follow maintenance instructions, and the pool/spa/hot tub or any of its equipment falls into disrepair, tenant will be liable for the costs associated with repair/ replacement. Excluding ordinary wear and tear, Tenant shall notify Agent and pay for all repairs or replacements caused by Tenant(s) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairsor Tenant’s invitees’ negligence or misuse. Tenant shall not make repairs without prior written consent of Agent. Excessive damage by Tenant, Tenant’s household, or guests to the premises or unsanitary conditions deemed a health risk by Agent shall be grounds for Agent to evict Tenant. As of the date of this agreement, Owner/Agent warrant that the dwelling’s sewage drains are in good working order and that they will accept the normal household waste for which they were intended. The most common tenant caused problems are caused by grease in kitchen sink, long hair in bathroom sinks, showers and tubs and improper use of the toilets. Sewer drains will not accept things such as paper diapers, sanitary napkins, tampons, children’s toys, wads of toilet paper, paper towels, grease, table scraps, or rocks. Tenant agrees to pay the costs for clearing the drains of any and all stoppages unless caused by defective plumbing, tree roots or caused by a problem with the main sewer line, which is attested to by the plumber called in to clear the stoppage. Tenant is responsible for reimbursing keeping the Landlord lawn and landscaping in the condition in which it was received, unless it is deemed not applicable on page 4 #15 of this lease. If after a call from Agent indicated that upkeep needs to improve and nothing is done, Agent has permission to have professional lawn care begin at Tenant’s expense. Tenant agrees to use care when maintaining and cleaning rental unit, including all floors, plumbing fixtures, appliances, etc. Tenants should refrain from using overly abrasive cleaning solutions or cleaning products that may cause permanent damage. Tenant acknowledges that they are responsible for the cost of any repairs damage caused by abrasive cleaning products or cleaning solutions and that are said damage will not "be considered “normal wear and tear" repairs, .” Tenants agree to maintain adequate temperature in the dwelling at all times to prevent the pipes from freezing. Tenant is responsible for insuring hoses are disconnected from outside spigots in below freezing weather to prevent pipes from freezing and cracking. Tenant is also responsible for regulating sprinkler system (if applicable) to ensure no freezing takes place. Tenant is responsible for keeping any such costs shall be considered additional rent; (e) shall not attach to, hang from applicable heat tape plugged in during winter months or place anything on the railings any time of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlordyear when temperature reaches below 40 degrees. If Tenant contracts has questions at any time regarding these matters, they will call Agent for any such services without written consent assistance. Agent has installed all necessary smoke detection and CO detection devices. It is the tenant’s responsibility to ensure that batteries are being changed and that these devices remain in good working order. Tenant agrees to test devices/batteries monthly to ensure proper operation. Tenant understands a $100.00 charge will be added to the ledger for each smoke detector that is removed from the property. This charge can be added during an inspection or returning possession of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesunit.

Appears in 2 contracts

Samples: maviunlimited.com, maviunlimited.com

Repairs and Maintenance. The Landlord's sole obligations shall be repair, replacement and maintenance of the foundation, structural elements, exterior walls, and exterior windows of the Property. At Tenant's expense, Tenant shall perform all other maintenance and repairs necessary to maintain the improvements in a first class operating condition and repair, both interior or exterior, ordinary or extraordinary, including the roof, window glass, plate glass, store fronts, sidewalks, curbs, parking lots, parking spaces, doors, windows (a) take good care except exterior windows), screens, awnings, locks, keys, weather stripping and thresholds as well as all interior walls, floors, walls, ceilings and floor coverings. Tenant's responsibility shall also include landscaping; irrigation; the replacement, servicing, repair and maintenance of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of Property, including the Landlord. If Tenant contracts heating, ventilation, and air conditioning systems and changing filters for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenantsystems. Tenant shall also repair and be responsible for returning the apartment back damage caused by stoppage, breakage, leakage, overflow, discharge or freezing of plumbing pipes, soil lines or fixtures. If any part of the improvements is damaged by Tenant, or Tenant's employees, agents, or invitees or any breaking and entering of said improvements, Tenant shall provide Landlord with immediate written notification of all damage to the Property. After notification and approval by Landlord, repairs shall be made promptly at Tenant's expense so as to restore said improvement to its original previous condition. If Tenant refuses or neglects to commence the necessary repairs within thirty (30) days after the written demand by Landlord (other than in the case of emergency), Landlord may (but shall not be required to) make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant's stock, business, equipment, or else fixtures by reason thereof, and if Landlord makes such repairs, Tenant shall be pay to Landlord, on demand, as Additional Rent, the cost thereof. Tenant's failure to pay shall constitute a default under this Lease. Tenant's failure to give, or unreasonable delay in giving, notice of needed repairs or defects shall make Tenant liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesany loss or damage resulting from delay or needed repairs.

Appears in 2 contracts

Samples: Viemed Healthcare, Inc., Viemed Healthcare, Inc.

Repairs and Maintenance. The Tenant Lessor shall (a) take good care not be liable to Lessee for any repairs necessitated by some act or neglect of Lessee or any Permittee, or any contractor, agent, employee, invitee of any of the Apartment and all equipment and fixtures aforesaid or, for any damage to merchandise, trade fixtures, or personal property of Lessee in it; (b) promptly make all necessary repairs and replacements whenever the need results leased premises caused by water leakage from the Tenant's act of neglect roof, water lines, sprinklers or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment heating and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairair conditioning equipment. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else Lessee shall be liable for all repairs and replacements, ordinary and extraordinary, other than those for which Lessor is responsible, and shall maintain in the leased premises in good order and repair, clean, sanitary and safe, including the replacement and maintenance of equipment, fixtures, improvements, floor covering, the exterior and interior portions of all doors, door locks, security gates and windows, plumbing and sewage facilities, heating and air conditioning equipment, walls, ceilings, and all plate glass. Lessee shall, as part of its maintenance and repair obligations hereunder, enter into a service contract with a local, approved contractor for service, maintenance and repair of all heating, ventilation and air conditioning equipment within and servicing the leased premises, which shall provide for servicing by such contractor no less often than quarterly. A copy of such contract shall be delivered to the Landlord Lessor annually. If Lessee refuses or neglects to make repairs and/or maintain the leased premises, or any part thereof, in a manner reasonably satisfactory to Lessor, Lessor shall have the right, upon giving Lessee reasonable written notice of its election to do so, to make repair or perform such maintenance on behalf of and for the costs incurred account of Lessee. In such event, such work shall be paid for by Lessee as additional rental promptly upon receipt of a xxxx therefor. Lessee further agrees to paint the Landlord interior of the leased premises when necessary in order to maintain at all times a clean and sightly appearance. Nothing herein shall imply any duty on Lessor to do so any work which Lessor is not specifically and expressly required to perform under this Lease or which, under any provisions of this Lease, Lessee may be required to perform; and, the performing thereof by Lessor shall not constitute a waiver of Lessee's default in failing to perform the same. Lessee acknowledges that the foregoing provisions of this paragraph shall apply and become effective from and after Tenant vacatesthe date Lessee or its agents or contractors enter the leased premises or undertake activities permitted hereunder. Lessee shall indemnify Lessor against, and hold it harmless from, any claims, demands, or actions against Lessor or its agents, employees or contractors for losses or damages incurred by Lessor or its agents, employees or contractors arising out of or in any way connected with Lessee's failure to perform its obligations or observe any covenants under this paragraph.

Appears in 2 contracts

Samples: Lease Agreement (Diagnostic Retrieval Systems Inc), Lease Agreement (Diagnostic Retrieval Systems Inc)

Repairs and Maintenance. The Tenant Grantor agrees to keep and maintain, and to cause others to keep and maintain, the Collateral in good order, repair and condition at all times while this Agreement remains in effect. Grantor further agrees to pay when due all claims for work done on, or services rendered or material furnished in connection with the Collateral so that no lien or encumbrance may ever attach to or be filed against the Collateral. INSPECTION OF COLLATERAL. Lender and Lender's designated representatives and agents shall (a) take good care have the right at all reasonable times to examine and inspect the Collateral wherever located. TAXES, ASSESSMENTS AND LIENS. Grantor will pay when due all taxes, assessments and liens upon the Collateral, its use or operation, upon this Agreement, upon any promissory note or notes evidencing the Indebtedness, or upon any of the Apartment other Related Documents. Grantor may withhold any such payment or may elect to contest any lien if Grantor is in good faith conducting an appropriate proceeding to contest the obligation to pay and all equipment and fixtures so long as Lender's interest in it; the Collateral is not jeopardized in Lender's sole opinion. If the Collateral is subjected to a lien which is not discharged within fifteen (b15) promptly make all necessary repairs and replacements whenever days, Grantor shall deposit with Lender cash, a sufficient corporate surety bond or other security satisfactory to Lender in an amount adequate to provide for the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part discharge of the building used by lien plus any interest, costs, attorneys' fees or other charges that could accrue as a result of foreclosure or sale of the Tenant Collateral. In any contest Grantor shall defend itself and Lender and shall satisfy any final adverse judgment before enforcement against the Collateral. Grantor shall name Lender as clean an additional obligee under any surety bond furnished in the contest proceedings. Grantor further agrees to furnish Lender with evidence that such taxes, assessments, and safe as possible; governmental and (d) promptly notify the Landlord when there are conditions which need repairother charges have been paid in full and in a timely manner. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, Grantor may withhold any such costs shall be considered additional rent; (e) shall payment or may elect to contest any lien if Grantor is in good faith conducting an appropriate proceeding to contest the obligation to pay and so long as Lender's interest in the Collateral is not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesjeopardized.

Appears in 2 contracts

Samples: Commercial Pledge Agreement (Advanced Life Sciences Holdings, Inc.), Commercial Pledge Agreement (Advanced Life Sciences Holdings, Inc.)

Repairs and Maintenance. The Tenant shall, at its expense, throughout the Term, keep, maintain and preserve, in good condition and repair, the Premises and the fixtures and appurtenances therein. Tenant’s obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning (“HVAC”) servicing the Premises, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. Throughout the Term, Tenant shall maintain, at its own expense, an HVAC maintenance contract that is reasonably acceptable to Landlord. Notwithstanding anything herein to the contrary, in the event that any HVAC unit(s) or any major component of the HVAC unit(s) (i.e., the air-handler, compressor, coil or condenser) serving the Premises requires replacement (rather than repair), as reasonably determined by Landlord, during the Term of the Lease, then Landlord, not Tenant, shall replace the HVAC unit(s) or applicable component of any such HVAC unit(s) at Landlord’s sole cost and expense; provided, however, that in the event any such replacement is necessary due to (a) take good care the negligence or misconduct of Tenant or the Apartment and all equipment and fixtures in it; Tenant’s Parties, or (b) promptly make all necessary repairs Tenant’s failure to repair and replacements whenever maintain the need results from HVAC unit(s) or the misuse of the Premises by Tenant or the Tenant's act ’s Parties, then Tenant, and not Landlord, shall be solely responsible for the total cost of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part such replacement of the building used by applicable HVAC unit(s) or major component thereof and Tenant shall pay such amount to Landlord, as Additional Rent under the Lease, within ten (10) days after the delivery to Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairof written demand, together with supporting invoices, therefor. Landlord shall have a reasonable amount repair, replace and restore the Common Areas and the foundation, exterior and interior load-bearing walls, roof structure and roof covering and tuckpointing of the Building and the cost of all such matters performed by Landlord shall constitute Operating Expenses. Notwithstanding any of the foregoing, however, from time to make time during the Term, Landlord may elect, in its sole discretion following Tenant’s failure to cure following delivery of written notice to Tenant, to perform on behalf of Tenant, all or some portion of the repairs, maintenance, restoration and replacement in and to the Premises required to be performed by Tenant under this Lease (any such repairs, maintenance, restoration and/or replacement activities that Landlord elects to perform on behalf of Tenant are herein collectively referred to as “General Maintenance Services”). Tenant shall be responsible for reimbursing the reimburse Landlord for the cost or value of any repairs that are not "normal wear all General Maintenance Services provided by Landlord as Additional Rent. Unless and tear" repairsuntil Landlord affirmatively elects to provide General Maintenance Services, any such costs nothing contained herein shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not construed to install any partition walls. No outside contractor is authorized obligate Landlord to perform any services at the Apartment General Maintenance Services or, except as otherwise expressly provided in this Section 14, to repair, maintain, restore or apartment complex unless approved in writing by a representative replace any portion of the LandlordPremises. If Tenant contracts for any such services without written consent Landlord may from time to time, in its sole discretion, (a) reduce or expand the scope of the Landlord, Tenant shall be wholly responsible for the payment for General Maintenance Services that Landlord has elected to provide or (b) revoke its election to provide any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request or all of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesGeneral Maintenance Services.

Appears in 2 contracts

Samples: , and Attornment Agreement, , and Attornment Agreement (Birks Group Inc.)

Repairs and Maintenance. The Tenant shall (aA) take Lessee covenants and agrees to keep and maintain in good care order, condition and repair the interior and exterior of the Apartment Leased Premises during the term of the Lease, or any renewal terms. Lessee further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises, but Lessor shall reimburse Lessee for such reasonable costs and all equipment expenses incurred by Lessee in complying with Lessee's obligations under this Article relating to repairs, replacements and fixtures in it; (b) promptly make all necessary repairs and replacements whenever maintenance if the need results from for the Tenant's act same is caused by the negligent acts or omissions of neglect Lessor, its agents, contractors or employees, but only to the neglect of Tenant’s family members, guests, visitors extent such costs and expenses are not covered by the insurance maintained by Lessee or contractors would not be covered by the insurance required to be maintained by Lessee under this Lease (if consented Lessee shall have failed to by Landlordmaintain the same); (c) keep . Lessee covenants and agrees that during the Apartment and any other part term of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant Lease it shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any such costs shall be considered additional rentequipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit C attached hereto and incorporated herein by reference; (e) shall not attach to, hang from or place anything on and further agrees to replace any of said equipment when necessary. Lessee further agrees during the railings term of the patio or deck; and ( f ) Tenant agrees not Lease to install any partition walls. No outside contractor is authorized to perform any services be responsible for, at the Apartment or apartment complex unless approved in writing by a representative its own expense, snow removal, lawn maintenance, landscaping, maintenance of the Landlord. If Tenant contracts for any such services without written consent of the Landlordparking lot (including parking lines, Tenant shall be wholly responsible for the payment for any such service seal coating, and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original conditionblacktop surfacing), or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesand other similar items.

Appears in 2 contracts

Samples: Net Lease Agreement (Aei Real Estate Fund Xvi LTD Partnership), Net Lease Agreement (Aei Income & Growth Fund Xxi LTD Partnership)

Repairs and Maintenance. The Landlord does not warrant either expressly or impliedly the condition or fitness of the Premises except as specifically set forth herein. Landlord shall maintain, repair and replace, if necessary, the structural portions of the roof and the exterior walls of the Premises, as well as all common areas of the Property and all building standard electrical, mechanical and plumbing systems servicing the Premises, as more fully set forth herein; however, the costs and expenses thereof shall be subject to recapture as an Operating Expense pursuant to Section 4(b). Notwithstanding the aforesaid, in the event any such maintenance or repairs are caused by the negligence of Tenant or Tenant’s employees, agents, invitees or contractors, Tenant shall reimburse to Landlord, as Additional Rent, the cost of all such maintenance and repairs within fifteen (a15) take good care days after receipt of Landlord’s statement. Tenant shall have the affirmative duty to periodically inspect the Premises, and to notify Landlord of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary need for any repairs and replacements whenever which are the need results from the Tenant's act obligation of neglect or the neglect Landlord hereunder. Upon receipt of Tenant’s family membersnotice, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount period of time to make such repairs or maintenance; however, it is expressly understood and agreed that Landlord shall not be liable for any property damage sustained by Tenant, or anyone claiming under Tenant, due to Landlord’s inability, delay or negligence in making such repairs, and Landlord’s liability with respect to such repairs or maintenance shall be limited to the cost of such repairs or maintenance. Tenant, at Tenant’s sole cost and expense, shall clean, maintain, preserve, repair and replace, as necessary, all portions of the Premises which are not expressly the responsibility of Landlord including, but not limited to, all wall coverings, floor coverings, window treatments and any other interior finish installed by or for the benefit of Tenant; all electrical, mechanical and plumbing systems and fixtures servicing the Premises which are custom or above building standard; all signs, locks, alarms, security devices, telecommunications equipment, doors, hardware, all plate and other glass, and all of Tenant’s personal property and fixtures (including any interior finish constructed by Landlord or Tenant within the Premises). In the event Tenant should fail to perform any maintenance or repairs required of Tenant under this Lease in a prompt and good workmanlike manner after Landlord’s written demand, Landlord shall have the right, but not the obligation, to perform such maintenance and repairs, whereupon Tenant shall pay to Landlord, as Additional Rent, all such maintenance and repair costs, plus ten percent (10%), within fifteen (15) days after receipt of Landlord’s statement. All maintenance, repair, and replacement obligations of Tenant under this Section shall be deemed improvements to the Premises and shall be performed by Tenant pursuant to and in accordance with the terms and conditions under Section 9 of this Lease. All materials utilized by Tenant in any maintenance, repairs, construction or replacements under this Lease shall be pre-approved by Landlord, meet minimum municipal code requirements, and be of a quality at least as good as the quality of the materials in place within the Premises, as reasonably determined by Landlord (“Approved Materials”). AH contractors performing any construction, services or other work within the Premises for or on behalf of Tenant shall be responsible for reimbursing pre-approved by Landlord (“Approved Contractors”). Landlord’s approval may include, without limitation, the Landlord for the cost use of union tradesmen and laborers; and in all events, as a prerequisite of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlordapproval, Tenant shall be wholly responsible for the payment for any provide Landlord with certificates of insurance of all contractors in a form and content, and with such service companies as Landlord may reasonably approve, naming both Landlord and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesLandlord’s managing agent (if any) as additional insureds.

Appears in 2 contracts

Samples: Office Building Lease (Eargo, Inc.), Office Building Lease (Eargo, Inc.)

Repairs and Maintenance. The Tenant Lessee shall (a) take good care at its sole expense keep the interior of the Apartment premises in as good order and repair as it is at the commencement of this Lease Agreement, reasonable wear and tear excepted. A walk-through of the current Biotage space was made by representatives of Lessee and Lessor at the commencement of the first Lease and a checklist was prepared which stated the condition of all equipment and fixtures in it; leased property. This checklist was signed by both representatives at the time of the walk-through. Repairs noted as required to be made were completed by Lessor. A walk-through shall be made no later than thirty (b30) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act days prior to expiration of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment this Lease and any other part repairs noted as required shall be completed by Lessee, said repairs to be completed to the reasonable satisfaction of the building used Lessor. If Lessee fails to complete any such repairs by the Tenant as clean and safe as possible; and (d) promptly notify date of the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount termination of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for Lease the cost of any performing such repairs that are not "normal wear and tear" repairs, shall be deducted from Lessee's deposit. Lessee's deposit shall be released upon completion of any such costs repairs in accordance with the terms of paragraph 3, above. Lessee agrees to replace or repair all broken or damaged glass, locks, plaster and flooring at the sole expense of Lessee and such replacement or repair shall be considered additional rent; (e) shall to the satisfaction of Lessor. Lessee agrees to use water closets and other plumbing fixtures only for the purpose for which they were installed and not attach toto place sweepings, hang from rubbish, rags, chemicals, or place anything on the railings of the patio or deck; and ( f ) Tenant other items in such fixtures. Lessee agrees not to install on the property any partition walls. No outside contractor is authorized to perform heating unit or antenna of any services at kind without the Apartment or apartment complex unless approved in writing by a representative consent of the LandlordLessor. If Tenant contracts for Lessee agrees to keep all doors and windows closed during rain or snow, not to keep any such services explosive or flammable chemicals in unprotected areas on the property, and not to affix or suspend any signs, advertisements or notices upon or from any part of the property without the written consent of the Landlord, Tenant shall be wholly responsible Lessor. Lessor will provide a directory sign at the entrance to the parking area identifying the Lessee's business. Lessee further agrees not to place an iron safe or other heavy articles (defined as being greater than 125 lbs. per square foot) on the property without the written consent of the Lessor and agrees to indemnify the Lessor for all damages resulting from the payment for placement or moving of any such service article. Lessee agrees not to use any harsh or abrasive compounds or solvents on any tile floors and shall hold the Landlord harmless against to use only waxes of a water emulsion type. Notwithstanding any claim made by a contractor who performs any such service at the request of the Tenant. Tenant above, the Lessee shall also not be responsible for returning any repairs resulting from the apartment back negligence or willful acts of the Lessor or its agent. Lessor agrees to maintain and keep in good repair the heating systems, ventilation systems, air conditioning system, plumbing, sprinklers, electrical (not including lamp and other light fixture replacement), the roof, the exterior of the building, the grounds, and the parking areas except for any improvements made by the Lessee which maintenance shall be the responsibility of the Lessee. Said maintenance and repair shall be performed at Lessors own expense, except for (a) any damage exceeding reasonable wear and tear caused by the Lessee, and (b) any damage which in the reasonable judgement of the Lessor is due to abuse or improper use of the systems, etc., by Lessee, both of which kinds of damages shall be paid for by Lessee. Lessor shall, at its original conditionsole expense, or else have the sprinkler system tested annually as required for Lessor's insurance policy. Lessor shall not be liable to Lessee, its employees, agents or invitees for any damage or injury to persons or property or for any loss or interruption of business sustained by Lessee resulting from any occurrence or condition in or upon the Landlord for leased Premises, or the costs incurred for land, sidewalks and parking places adjacent thereto, unless said injury, damage, loss or interruption was caused by the Landlord to do so after Tenant vacatesnegligence or willful misconduct or Lessor, its agents or employees.

Appears in 2 contracts

Samples: Lease (Dyax Corp), Lease (Dyax Corp)

Repairs and Maintenance. The Tenant At Landlord's expense except to the extent provided in Section 2.2.5, Landlord shall (a) take good care maintain the exterior of the Apartment Building, together with all landscaping and parking area adjacent to the Building, and all equipment common areas of the Property in good order (including snow removal) and fixtures in itrepair; (b) promptly make all necessary structural repairs (including all subsurface repairs) to the Building, including but not limited to, all repairs to the foundation, roof, leaks in the balconies, structural components, exterior walls, and replacements whenever common area doors and windows; make all repairs (including all subsurface repairs) and maintenance to electric wiring, risers, plumbing, heating, air-conditioning (HVAC) and all other building system serving the need results from Premises to the extent such repair and maintenance is not the result of or caused by (i) misuse of the Premises by the Tenant's act , or (ii) any leasehold improvements constructed by Tenant; and shall take such action as may be required, and in the absence of neglect a specific governmental directive as Landlord deems appropriate, to comply with applicable state and municipal laws or requirements of any public body or authority having jurisdiction over the neglect of Tenant’s family membersPremises, guests, visitors or contractors to the extent such violations are not caused by (if consented to by Landlord); (ci) keep the Apartment and any other part misuses of the building used Premises by the Tenant, or (ii) the leasehold improvements constructed by Tenant. Landlord shall replace, repair and maintain the HVAC System and the various components of the HVAC system serving the Premises and Building. Provided that the Tenant improvements constructed by Tenant are designed and built to meet the performance specifications in Exhibit F, Landlord shall operate the HVAC system so as clean to provide comfortable temperature and safe as possible; humidity for normal office usage in the Premises and (d) promptly notify building at a level consistent with first class suburban office buildings in the Landlord when there are conditions which need repairsuburban Boston area. Landlord shall have a reasonable amount no liability to Tenant for damage caused by leaks existing on the date hereof unless and until such leaks reappear after the same have been repaired. Tenant shall promptly notify Landlord of time the necessity of any repairs to make repairsthe Premises which Tenant may have knowledge and for which Landlord may be responsible under the provisions of this paragraph. Tenant shall reasonably endeavor to notify Landlord of any conditions in the Building (outside the Premises) and Lot of which it has knowledge requiring Landlord attention. Tenant shall be responsible for reimbursing the Landlord for the cost operation, maintenance and repair of any repairs that are not "normal wear and tear" repairsspecial or supplemental HVAC system or special or supplemental electrical, any such costs shall be considered additional rent; (e) shall not attach to, hang from plumbing or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original conditionheating system, or else shall be liable to portion thereof, installed by or for Tenant which serves the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesPremises exclusively.

Appears in 1 contract

Samples: Lease Agreement (Phoenix Technologies LTD)

Repairs and Maintenance. The Tenant shall (a) take good care Landlord shall, as an Operating Expense (except as excluded herein), repair and maintain the exterior roof, exterior walls, foundations and structural portions of the Apartment Building and all equipment the Project and fixtures the improvements within the Common Areas and the building standard plumbing, heating, ventilating, air conditioning, and electrical systems serving the Building and the Project, and any sidewalks, landscaping (including but not limited to irrigation systems and backflow prevention devices), Parking Areas, fences and signs located in it; (b) promptly make all necessary the areas which are adjacent to the Building. Subject to the waivers set forth in Paragraph 15, to the extent any such maintenance and repairs and replacements whenever are caused in part or in whole by the need results from the act, neglect or omission of any duty by Tenant or Tenant's act employees, agents, contractors or invitees, then Tenant shall pay to Landlord, as Additional Rent, the entire cost of neglect such maintenance and repairs. Landlord shall not, however, be obligated to paint the interior surface of exterior walls, ceiling or the neglect of Tenant’s family membersdoors, guestsnor shall Landlord be required to maintain, visitors repair or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairreplace windows, doors, skylights or plate glass. Landlord shall have no obligation to make repairs under this Paragraph 10.1(a) until a reasonable amount time after receipt of time written notice of the need for such repairs. Landlord shall maintain, repair or patch the roof membrane as an Operating Expense, and Tenant shall pay Tenant's Share of the cost thereof, pursuant to Paragraph 4.2 above. Except for Landlord's obligations with respect to the condition of the Premises upon delivery of the Premises to Tenant, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof. Unless otherwise provided herein, 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 of any repairs, alterations or improvements in or to any portion of the Building, the Premises or parking areas or in or to fixtures, appurtenances and equipment therein provided that all such work is done in such a manner as to reasonably minimize the disruption of Tenant's business ("Conditions of Entry"). Tenant expressly waives the benefits of any statute (including, without limitation, the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs. Tenant shall be responsible for reimbursing the Landlord for repairs at Landlord's expense (or to deduct the cost of any such repairs that are not "normal wear from rent due hereunder) or to terminate this Lease because of Landlord's failure to keep the Premises in good order, condition and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesrepair.

Appears in 1 contract

Samples: Lease (Healthy Planet Products Inc)

Repairs and Maintenance. The Tenant At all times, Subtenant shall (a) take keep the Premises, Parking, and Building in a neat, clean, and sanitary condition, keep the glass of all windows and doors clean and presentable, and keep the Building in a good care state of repair. Subtenant will maintain and repair the walls, roof, and other structural components and building systems of the Apartment Building and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall will be responsible for reimbursing repair and maintenance of the Landlord interior portion of the Building and all painting, exposed electrical, plumbing and other utility systems, doors, glass and all of Subtenant’s personal property. Subtenant shall keep in good order, condition, and repair all heating and air conditioning equipment (“HVAC”) for the Building and shall pay all costs and expenses with respect to the repair, replacement and maintenance of HVAC for the Building. Subtenant shall also reasonably maintain, operate and repair the utility systems within the Building, including the cost of any repairs connection to the utility distribution systems. Subtenant shall maintain the Premises, Parking, and Building in such a way that are not "normal wear it complies with relevant local law as it relates to the removal of snow and tear" repairs, any such costs ice. This Sublease is intended and shall be considered additional rent; (e) construed to be a “triple net lease” and, except as may be specifically provided in this Sublease, Subtenant assumes all responsibilities, duties, obligations, costs or expenses of any nature or any kind whatsoever, with respect to the operation, management, maintenance, repair, improvement, use or occupancy of the Premises. Notwithstanding the foregoing, in the absence of an agreement with the Sublandlord to contribute its pro rata share or amortized costs based on the Internal Revenue Service’s stated useful life of the applicable assets against the remaining Initial Term or Extended Term of the Sublease, Subtenant shall not attach tobe obligated to replace or incur significant repair costs to the walls, hang from or place anything on the railings roof, electric, plumbing, utility, and HVAC systems (Major System(s)) within three (3) years of the patio expiration of the Term of the Sublease, except as is necessary to prevent an abandonment determination by the City of Glendale and as provided in Section 37.20, or deckto maintain the Building sufficient to provide for the continuous operation of Subtenant’s then-existing business, if any; and ( f ) Tenant agrees provided, however, this provision only applies when accompanied by a notice of Subtenant of intent not to install extend the Sublease beyond the Initial Term or any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesExtended Term.

Appears in 1 contract

Samples: Ground Sublease Agreement (Medicine Man Technologies, Inc.)

Repairs and Maintenance. The Tenant shall (a) take good care Subtenant shall, at Subtenant's sole expense, keep and maintain the Premises, including, without limitation, interior walls, all windows (interior), window frames, plumbing fixtures within the Premises (such as water and drain lines, sinks, toilets, faucets, drains, showers, and water fountains; but excluding bathroom plumbing), electrical fixtures within the Premises (such as conduits outlets, and lighting fixtures, including lamps, bulbs, tubes, and ballasts), interior surfaces of the Apartment Premises, latches, locks, skylights (if any), and fire extinguishing equipment within the Premises, and all equipment other interior improvements installed by or on behalf of Subtenant that are part of the Premises and fixtures are not required to be maintained by Sublandlord pursuant to Section 9(e). Subtenant will keep such items in it; good and clean condition and repair, including, without limitation, through a janitorial service contract (b) promptly make all necessary reasonably approved by Sublandlord), and by replacing such items as needed, and deliver to Sublandlord physical possession of the Premises at the termination of this Sublease or any sooner expiration thereof, in good condition and repair, reasonable wear and tear excepted. All repairs and replacements whenever required of Subtenant shall be promptly made with new materials of like kind and quality. If the need results from work affects the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part structural elements of the building used by Premises or if the Tenant as clean estimated cost of any item of repair or replacement is in excess of One Thousand Dollars ($1,000), Subtenant shall first obtain Sublandlord's written approval of the scope of the work, the plans for the work, the materials to be used, and safe as possible; the contractor hired to perform the work. At Sublandlord's election, such maintenance responsibilities and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant charges shall be responsible for reimbursing the Landlord for performed by Sublandlord and Subtenant shall reimburse Sublandlord as additional rent the cost of any repairs that are not "normal wear such maintenance responsibilities and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatescharges.

Appears in 1 contract

Samples: Sublease Agreement (Andromedia Inc)

Repairs and Maintenance. 14.01 Throughout the Term, Tenant, at its sole cost and expense, assumes full responsibility for the condition, operation, repair, replacement, maintenance, and management of the Property. Tenant shall, at its sole cost and expense, be responsible for: keeping the Building and other improvements erected on the Land in good order and repair (reasonable wear and tear and damage by casualty and condemnation excepted) whether or not the need for such repairs occurs as a result of Tenant’s use, the elements, or the age of the Building, the Property or Tenant’s Property, or otherwise (but excluding the negligence or willful misconduct of Landlord or its agents, contractors, employees or representatives) and will commit or allow no waste with respect thereto and with reasonable promptness, make all necessary and appropriate repairs and replacements thereto of every kind and nature, including without limitation those necessary to ensure continuing compliance with all Laws and insurance requirements, whether interior and exterior, structural and nonstructural, ordinary and extraordinary, and foreseen and unforeseen. Tenant’s maintenance, repair and replacement obligations shall extend to and include, without limitation, the roof of the Building, all systems serving the Demised Premises and, subject to any Permitted Encumbrances, all parking areas and landscaping on the Property. The necessity for and adequacy of repairs to the Building or other improvements forming a part of the Demised Premises shall be comparable to those that would be customary and reasonable in comparable buildings of similar construction and class, provided that, in no event, shall Tenant shall be required to repair or maintain the Demised Premises to a higher or better condition than that of the Demised Premises following completion of Tenant’s Work. Tenant’s obligations under this Section 14.01 shall, without limitation, include the maintenance, repair and replacement (a) take good care at all times, of the Apartment any and all building systems, machinery and equipment which exclusively serve the Demised Premises, and fixtures in it; (b) promptly make the bearing walls, floors, foundations, roofs and all necessary structural elements of the Demised Premises. Tenant will not take or omit to take any action the taking or omission of which would reasonably be expected to create (or permit to continue) any condition which might reasonably be expected to involve any imminent loss, damage or injury to any person or property. All repairs and replacements whenever shall be in quality and class at least equal to the need results from Building as of the Tenant's act of neglect Commencement Date or the neglect of original Tenant’s family membersWork to be performed by Tenant pursuant to this Lease, guestsas applicable, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing made reasonably promptly as and when necessary. Notwithstanding anything to the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlordcontrary contained herein, Tenant shall not be wholly responsible required to make a replacement of any item in the event that a repair will provide adequate functionality to the item and would be customary and reasonable in comparable buildings of similar construction and class. Repairs and replacements called for the payment for any such service as a result of fire or other casualty and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else condemnation shall be liable made pursuant to the Landlord for provisions of Sections 21 and 22, respectively. In connection with the costs incurred for foregoing, but in no way expanding Tenant’s obligations hereunder and subject to Section 14.03, Tenant’s obligations shall include without limitation with respect to the Landlord Demised Premises, to do so after Tenant vacates.the extent applicable:

Appears in 1 contract

Samples: Lease Agreement (GX Acquisition Corp.)

Repairs and Maintenance. The 7.1 Tenant shall (a) take maintain, and repair the Leased Premises in a good care and workmanlike manner, and shall, at the expiration of the Apartment Term, deliver the Leased Premises in good order and all equipment condition, damages by fire or casualty, the elements and fixtures in it; (b) promptly ordinary wear and tear excepted. Tenant covenants and agrees that it shall not cause or permit any waste, damage or disfigurement to the Leased Premises, or any overloading of the floors. Tenant shall maintain, and make all necessary repairs to the floor surface, HVAC, plumbing and replacements whenever electrical systems including all ballasts and fluorescent fixtures located within the need results from Leased Premises. Notwithstanding the Tenant's act of neglect or foregoing, the neglect of Tenant’s family membersTenant Improvements, guests, visitors or contractors (if consented to by Landlord); (c) keep including the Apartment electrical and any other part mechanical portions of the building used Tenant Improvements, if constructed by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount Landlord’s warranty of two (2) years from the date of Substantial Completion of the applicable Tenant Improvements, except that (a) any defect in construction of the Tenant Improvements discovered at any time during the Lease Term shall not be limited to make repairsthe two year warranty, and (b) with respect to the operation of the HVAC system, the compressor which shall have a five-year manufacturer’s warranty. All warranties shall run from Substantial Completion of that portion of the construction by Landlord of Tenant Improvements. Landlord shall be responsible for reimbursing repairs to the Landlord for roof, including the cost of any repairs that are not "normal wear roof membrane, exterior load-bearing walls, and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on electric and plumbing systems to the railings of point where they enter the patio or deck; Leased Premises and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any condition affecting such services without written consent of systems within the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Leased Premises. Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning maintenance, repair and replacement of all improvements constituting “Landlord’s Work” pursuant to Section 3.4(a) of the apartment back Lease. Landlord shall not be required to make, and Tenant shall be responsible for, any repairs occasioned by the negligent acts or omissions of Tenant, its original conditionagents, employees, contractors, or else subcontractors. Tenant shall promptly report in writing to Landlord any defective condition which Landlord is required to repair, and, in the event Tenant has actual knowledge thereof, Landlord’s obligation to repair is conditioned upon receipt by Landlord of such written notice. Landlord’s obligation to repair is also conditioned, at Landlord’s option, upon Tenant not then being in default under this Lease after written notice and expiration of any applicable cure period. Landlord shall have no other maintenance or repair obligations whatsoever with respect to the Leased Premises except the foregoing unless caused by the gross negligence or willful act of Landlord. Except to the extent of Landlords’ obligations, Tenant shall keep and maintain in good order, condition and repair the Leased Premises and every part thereof, including, without limitation, the interior surfaces of the exterior walls, interior doors, door frames, door checks, windows and window frames, all wall and floor coverings, all building systems and components thereof that exclusively service the Leased Premises, and alterations, additions or improvements (“Alterations”) made by or on behalf of Tenant and shall make all other interior non-structural repairs, replacements, renewals and restorations, ordinary and extraordinary, foreseen and unforeseen, required to be made in and to the Leased Premises. The term “repair” as used in this Section shall include replacements when necessary. Tenant agrees to generally maintain the Leased Premises at a minimum temperature of 45 degrees to prevent the freezing of domestic water and sprinkler pipes and (with respect to the office area of the Leased Premises only) no higher than 78 degrees to prevent humidity, mold and mildew. In the event Tenant vacates the Leased Premises, Tenant shall be liable required to (i) continuously operate the HVAC system to maintain the temperatures set forth in the previous sentence, and (ii) inspect the Leased Premises and, report any defective conditions to Landlord immediately, and confirm upon request of the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesthat such inspections have taken place.

Appears in 1 contract

Samples: Rocket Pharmaceuticals, Inc.

Repairs and Maintenance. The Landlord shall, as an Operating Expense (except as excluded herein), promptly repair and maintain in first class condition and repair the exterior roof, including the roof membrane, exterior walls, skylights, foundations and structural portions of the Building and the Project and the improvements within the Common Areas, and any sidewalks, landscaping (including but not limited to irrigation systems and backflow prevention devices), Parking Areas, fences and signs located in the areas which are adjacent to the Building, and the components of the Building's systems (plumbing, electrical, and HVAC) located outside the Building. Subject to the waivers set forth in Paragraph 15 and to the provisions of Paragraph 16, and except as otherwise covered by insurance, to the extent any such maintenance and repairs are caused by the negligent act, neglect or omission of any duty by Tenant or Tenant's employees, agents, contractors or invitees, then Tenant shall (a) take good care pay to Landlord, as Additional Rent, the entire cost of such maintenance and repairs. Landlord shall not, however, be obligated to paint the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act interior surface of neglect exterior walls, ceiling or the neglect of Tenant’s family membersdoors, guestsnor shall Landlord be required to maintain, visitors repair or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the replace windows, doors, or plate glass. Tenant as clean and safe as possible; and (d) shall promptly notify Landlord in writing of any repair required to be made by Landlord within the Landlord when there are conditions which need repairPremises. Landlord shall have a reasonable amount no obligation to alter, remodel, improve, repair (other than repair of time structural or load-bearing walls), decorate or paint the interior walls of the Premises. Unless otherwise provided herein, 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 of any repairs, alterations or improvements in or to any portion of the Building, the Premises or parking areas or in or to fixtures, appurtenances and equipment therein. Tenant expressly waives the benefits of any statute (including, without limitation, the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs. Tenant shall be responsible for reimbursing the Landlord for repairs at Landlord's expense (or to deduct the cost of such repairs from rent due hereunder) or to terminate this Lease because of Landlord's failure to keep the Premises in good order, condition and repair. In all other regards, Tenant, at Tenant's sole cost and expense, shall keep, maintain and preserve the Premises in first class condition and repair and shall, promptly make all non-structural repairs and replacements to the Premises and every part thereof, including but not limited to floors, ceilings, windows and doors (with any repairs that replacements of the same quality, specifications and finish as the existing windows and doors), interior walls, and the interior surfaces of the exterior walls, plumbing, heating, air conditioning and ventilating equipment within the Premises, telecommunications equipment and intrabuilding network cabling, fire/life safety systems, interior electrical and lighting facilities and equipment including circuit breakers and exterior lighting attached to the Premises. In the event Tenant fails to perform Tenant's obligations under this Section, Landlord shall give Tenant notice to do such acts as Landlord deems are reasonably required to so maintain the Premises. If Tenant, within fifteen (15) days after notice from Landlord, fails to commence to do the work and diligently prosecute it to completion, then Landlord shall have the right (but not "normal wear the obligation) to do such acts and tear" repairs, any expend such costs funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expensed by Landlord shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) paid by Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so promptly after Tenant vacatesdemand as Additional Rent.

Appears in 1 contract

Samples: Lease (Intuitive Surgical Inc)

Repairs and Maintenance. The Tenant Except repairs, replacements or maintenance necessitated in any manner by the negligent or intentional acts or omissions of Lessee or its agents, Lessor shall (a) take good care maintain the roof, outside of the Apartment exterior walls, and all equipment foundations, at Lessor’s sole cost and fixtures expense. Except repairs, replacements or maintenance necessitated in it; (b) promptly make all necessary repairs any manner by the negligent or intentional acts or omissions of Lessee or its agents, Lessor shall maintain, subject to reimbursement as part of CAM, the parking areas and replacements whenever walkways, plumbing and electrical systems, and area landscaping in good condition and repair. Lessee shall maintain the need results from balance of the Tenant's Premises and appurtenances, including, but not limited to, heating and air conditioning units, in good condition and repair at its expense. Lessor represents and warrants that, as of the Commencement Date, the HVAC system, roof structure, fire sprinkler system, and structural integrity of the walls and foundation are in good condition and working order. Lessee agrees that on the last day of the Term or sooner termination of the Lease, it will surrender the Premises to Lessor in as good condition as they are as of the Commencement Date, ordinary wear and tear excepted and damage by fire, act of neglect God or by the neglect elements of Tenant’s family members, guests, visitors or contractors (if consented other casualty excepted to the extent such Lessor is reimbursed by Landlord); (c) insurance for such loss. If Lessee shall fail to keep the Apartment Premises properly repaired, Lessor may do so (but is not obligated), and any other part the cost of such repair shall be paid by Lessee with the building used by the Tenant next installment of and as clean Rent due hereunder. Lessor shall cooperate reasonably with Lessee to utilize all manufacturers’ and safe as possible; and (dconstruction warranties, if any, related to Lessor’s Work. When Lessor has an obligation to repair, Lessor shall repair such item(s) promptly notify the Landlord when there are conditions which need repair. Landlord shall have or area(s) within a commercially reasonable amount of time after receipt of written notice from Lessee, unless due to make repairsthe nature of such repair, more than thirty days are needed to repair in which case Lessor shall begin such repair within thirty days and diligently pursue such repair to completion. Tenant Notwithstanding anything to the contrary in the Lease, Lessor shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized have no obligation to perform any services at work on or about the Apartment Business Park or apartment complex unless approved in writing Premises other than that for which Lessor is obligated by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service Lease and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesthat which is as specifically set forth herein.

Appears in 1 contract

Samples: Lease (Lumenis LTD)

Repairs and Maintenance. The Agent will make necessary repairs with commercially reasonable promptness after receipt of written notice from Xxxxxx. Agent shall maintain, and/or repair/replace the plumbing, heating, cooling, electrical systems, and the exterior walls and roof of the Property. Tenant shall (a) take good care be obligated for the costs of the Apartment such repairs, replacements, and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever related services if the need for such repairs, replacements, and related services results from the negligence or misuse by Tenant's act , other residents of neglect the Property, or the neglect of Tenant’s agents, servants, employees, invitees, or family members, guests, visitors or contractors (if consented . Xxxxxx agrees to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify Agent of any condition which is the Landlord when there are conditions which need repairobligation of Agent to repair or replace. Landlord shall have a reasonable amount of time to make repairs. Except as provided above, Tenant shall be responsible for reimbursing all other repairs and replacements to the Landlord for Property. Any damage to the wallpaper, paint, walls, floors, carpeting, doors, windows, window treatments, light fixtures, appliances, or other improvements to the Property (to include burst water pipes due to freezing caused by neglect or carelessness of the Tenant, his family, or any of his guests), in excess of ordinary wear and tear, shall be promptly repaired or replaced by tenant, at Tenant’s sole expense, so as to restore the Property to the same condition as existed prior to the commencement of the Term. If Tenant shall fail to make any such repair or replacement, Agent, in Agent’s sole discretion, may make such repair or replacement, in which event, the cost of any repairs that are not "normal wear such repair or replacement shall be added to and tear" repairs, any deemed a part of the rent and shall be payable by Tenant to Agent on demand. Agent shall have the same remedies for the collection of such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible as Agent has for the non-payment for any such service and shall hold of rent under this Lease. Any damage to window glass or entry doors is the Landlord harmless against any claim made by a contractor who performs any such service at the request sole responsibility of the Tenant. Tenant shall also be responsible for returning furnish the apartment back to its original conditionHVAC system filters, batteries, trash cans, janitorial services, electric light bulbs, fuses, or else any other services not specifically listed as supplied in this Lease Agreement at Tenant’s expense. As of the date of this Agreement, Agent warrants that the Property sewage drains are in good working order and that they will accept the normal household waste for which they were designed. They will not accept items such as paper diapers, toys, sanitary napkins, tampon applicators, balls of hair, grease, table scraps (if no garbage disposal), clothing, rags, sand, dirt, newspapers, or similar items. Xxxxxx agrees to pay all expenses associated with clearing all drains of any and all stoppages except those that the plumber, who is called to clear the stoppage, will attest to in writing were caused by defective plumbing, tree roots, or act of God. Upon the failure of the Tenant to make any such repair, Agent, in Agent’s discretion, may make such repair and the cost of such repair shall e added to and deemed a part of the rental sum, and shall be liable payable, on demand, by Tenant to Agent. The Agent shall have the same remedies for the collection of such costs as Agent has for non- payment of rent. Any such repairs made by Agent will be billed at market rates plus the cost of any materials. When a maintenance request is made, the request will serve as notice to the Landlord for Tenant that a maintenance technician will be entering the costs incurred for the Landlord to do so after Tenant vacatesproperty in reasonable time.

Appears in 1 contract

Samples: Maryland Standard Residential Lease Agreement

Repairs and Maintenance. The Tenant All installations and improvements now or hereafter placed on the Leased Premises shall (a) take good care be at Tenant’s sole cost and expense, provided, that any such installations or improvements which significantly alter the use of the Apartment Leased Premises must receive the prior written consent of Landlord. Tenant at its sole cost and all equipment and fixtures in it; (b) expense, shall promptly make all necessary repairs, perform all maintenance, and make all replacement in and to the Leased Premises (including without limitation, all interior and exterior, roofing, structural, non-structural and systems maintenance, repairs and replacements whenever the need results from the Tenant's act of neglect replacements) that are necessary or the neglect of Tenant’s family members, guests, visitors or contractors (if consented desirable to by Landlord); (c) keep the Apartment Leased Premises substantially in the same condition to its condition on the Commencement Date (reasonable wear and any other part tear excepted) and in a clean, safe and tenantable condition, and otherwise in accordance with all applicable laws and the requirements of the building used by the Tenant this Lease, including without limitation, repairs required as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost result of any repairs that are not "normal wear and tear" repairsact or omission of any invitee, any such costs shall be considered additional rent; (e) shall not attach toagent, hang from employee, affiliate, subtenant, assignee, contractor, client, licensee, customer or place anything on the railings visitor of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning maintain all improvements, fixtures and personal property (including all equipment) located in, or serving, the apartment back to its original Leased Premises in clean, safe and sanitary condition, shall take good care thereof and make all required repairs and replacements thereto. Tenant shall maintain all drives, sidewalks, parking areas and lawns on the Leased Premises in a clean condition, free of accumulations of dirt, trash, snow and ice. Tenant shall suffer no waste or else injury to any part of the Leased Premises. When used in this Section 9, the term “repairs” shall include replacement or renewals when necessary and all such repairs made by Tenant shall be liable at least equal in quality and class to the Landlord for original construction of the costs incurred for the Leased Premises, normal wear and tear excluded. If Tenant has not performed its obligations under this Section 9 within thirty (30) days after written notice thereof from Landlord to do so after Tenant vacatesTenant, Landlord shall have the right, but not the obligation, to perform Tenant’s obligations hereunder and to charge Txxxxx as Additional Rent for all costs and expenses incurred in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Greystone Logistics, Inc.)

Repairs and Maintenance. The Tenant shall (a) take Commencing on the Commencement Date, Tenant shall, at its expense, keep the Premises in good care order and condition at all times during the Term of this Lease. Tenant shall promptly, and adequately repair the Premises and all its component parts, and replace or repair all damaged or broken fixtures (including Tenant’s Trade Fixtures) and appurtenances. In addition, Tenant shall timely and properly maintain and repair all components of the Apartment and all equipment and fixtures Premises, to the extent necessary in it; (b) promptly make all necessary repairs and replacements whenever Landlord’s reasonable judgment so as to preserve the need results effectiveness of any warranty relating thereto. At Landlord’s request, the parties shall arrange an annual inspection by Landlord’s Representatives to review compliance with Tenant’s obligations hereunder. If any Building System or component shall become obsolete, Tenant shall remove such item from the Tenant's act Premises and, promptly replace it with a new item of neglect or comparable value and function. Except as otherwise permitted under Section 22 of this Lease, Tenant shall obtain Landlord’s prior written consent before making any change in the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part structure of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairParking Garage, Building or any Building System. Landlord shall have a reasonable amount of time no obligation to make repairsrepair or maintain the Premises (or any equipment therein), whether ordinary or extraordinary. Tenant shall be responsible for reimbursing deliver to Landlord a statement showing all removals and replacements of such systems or components during the preceding calendar year, and on the date of expiration or termination of the Lease, including manufacturers, model numbers, and serial numbers. (b) Tenant shall maintain on the Premises, and turn over to Landlord upon expiration or termination of this Lease, current operating manuals for the cost equipment now or hereafter located on the Premises. Tenant will also provide Landlord with copies of any repairs that are not "normal wear operating manuals in Tenant’s possession relating to (i) new equipment added to the Premises by Tenant after the Commencement Date and tear" repairs(ii) replacement equipment added to the Premises after the Commencement Date, as well as (iii) updates and supplements to any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything operating manuals relating to equipment located on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the TenantPremises. Tenant shall also be responsible for returning not install any underground storage tank on the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesLand. 10.

Appears in 1 contract

Samples: Chemical Financial Corp

Repairs and Maintenance. Upon occupancy of the Premises, the Tenant shall not cause or permit any waste, damage or injury to the Premises, including but not limited to, the existing buildings, parking lots, drive-through facilities and other improvements thereon. The Tenant at its sole cost and expense shall keep the Premises as now or hereafter constituted with all improvements made thereto clean and in good condition, normal wear and tear excepted. Tenant shall, at its cost, contract with a service company (which Landlord, at its option, may reasonably designate or approve) for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises. Tenant shall furnish a copy of the service contract to Landlord within ten (10) days after opening for business, and a copy of any subsequent contracts from time to time during the Term. Tenant shall, at its cost, retain a licensed, bonded professional pest and termite control service (which Landlord, at its option, may reasonably designate or approve) to perform at the minimum annual inspections of the Premises to keep the Premises free of infestation by insects, rodents and vermin, and shall promptly cause any corrective or extermination work reasonably recommended by such service to be performed. The Tenant shall (a) take good care provide the Landlord with a copy of the Apartment termite and pest control contract and annual renewals of the contract. Tenant agrees to initiate and carry out a program of regular maintenance and repair of the Premises, including the painting or refinishing of all equipment areas of the interior of the Premises, so as to impede, to the extent possible, deterioration by ordinary wear and fixtures in it; (b) promptly make all necessary repairs tear and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part safe in attractive condition. The Landlord hereby covenants that as of the building used by commencement date of the Tenant as clean term of this Lease the heating, ventilating and safe as possible; and (d) promptly notify air conditioning equipment serving the Landlord when there are conditions which need repairPremises shall be in good working order. Landlord shall have a reasonable amount further covenants to provide written proof that as of time to make repairsthe commencement date of the Term of this Lease that the Premises are free and clear of termites and pests. Tenant The Landlord shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" structural repairs, any such costs shall be considered additional rent; (e) shall not attach todefined as exterior walls and roof, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at Premises during the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts Term, except for any such services without written consent damage thereto caused by any act or omission of the LandlordTenant or its agents, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, employees or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesinvitees.

Appears in 1 contract

Samples: ) Lease Agreement (Coastal Carolina Bancshares, Inc.)

Repairs and Maintenance. The Xxxxxx has inspected Premises and acknowledges that it is in good condition, free of defects and fit for residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises. Landlord’s maintenance procedures (a“Maintenance Exhibit”) take good care is available at xxxxx://xxx.xxxxxxxxxxxxxx.xxx/files/Exhibit%20A%20- %20Maintenance%20Exhibit.pdf , Tenant acknowledges that Landlord may change or update the Maintenance Exhibit from time to time. In the event of any conflict between the Maintenance Exhibit and the terms of this Lease, the terms of the Apartment Maintenance Exhibit shall prevail. The Maintenance Exhibit is incorporated into the provisions of this Lease by reference thereof. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period, thereafter, repair the following: (1) all defects in Premises which create unsafe living conditions or render Premises untenable; and all equipment (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary, and fixtures in it; (b) promptly make all necessary repairs clean condition free of trash and replacements whenever the need results from the Tenant's act of neglect or the neglect debris. All of Tenant’s family memberstrash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, guestsbut not limited to, visitors or contractors (if consented to by Landlord); (c) keep replacing any light bulbs which fail during the Apartment Lease Term and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairsregularly changing HVAC filters. Tenant shall be responsible for reimbursing any clogged plumbing within the Premises. Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from responsible for all other plumbing issues between the Premises and the street or place anything on the railings Premises and the septic tank or in any plumbing line outside of the patio or deck; and ( f ) Tenant agrees not to install any partition wallsPremises which exclusively serves the Premises. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for any damages to the payment for any such service Premises caused by Xxxxxx and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request Xxxxxx’s invitees, licensees, and guests’ abuse or neglect of the TenantPremises. Tenant shall also be responsible for returning the apartment back Any expenses incurred by Landlord to its original condition, or else remedy any violations of this provision shall be liable paid by Tenant to the Landlord for the costs incurred for the Landlord to do so after Tenant vacates.as Additional Rent within fourteen

Appears in 1 contract

Samples: Key Locations Property Management LLC Residential Lease Agreement

Repairs and Maintenance. The Tenant shall (a) take good care Tenant shall keep, maintain and repair, at its sole cost and expense, the Premises, including, without limitation, the roof, walls, footings, foundations, HVAC, mechanical and electrical equipment and systems in or serving the Premises and structural and nonstructural components and systems of the Apartment Premises, parking areas, sidewalks, roadways and all equipment landscaping in good repair and fixtures in it; (b) promptly appearance, and shall make all necessary repairs and replacements whenever (substantially equivalent in quality and workmanship to the need results from original work) of every kind and nature, whether foreseen or unforeseen, which may be required to be made in order to keep and maintain the Tenant's act Premises in as good repair and appearance as they were when originally constructed, except for ordinary wear and tear and (other than for any Restoration required by the terms of neglect this Lease) any damage to the Premises by any Termination Casualty to or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part Major Condemnation of the Premises. Tenant shall do or cause others to do all shoring of the Premises or of the foundations and walls of the Premises and every other act necessary or appropriate for the preservation and safety thereof (including, without limitation, any repairs required by Law as contemplated by Section 10 of this Part II), by reason or in connection with any excavation or other building used by operation upon the Tenant as clean Premises, and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairshall have no obligation to do so. Landlord shall have a reasonable amount of time not be required to make any repair, replacement, maintenance or other work whatsoever, or to maintain the Premises in any way, and Tenant waives the right to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from replacements or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services maintenance or other work at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent expense of the Landlord, Tenant which right may be provided for in any Laws. Nothing in the preceding sentence shall be wholly responsible for the payment deemed to preclude Tenant from being entitled to insurance proceeds or awards for any such service and shall hold taking to the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenantextent provided in this Lease. Tenant shall, in all events, make all repairs, replacements and perform maintenance and other work for which it is responsible hereunder, in a good, proper and workmanlike manner. As used herein “Restoration” shall also be responsible for returning mean restoring or repairing the apartment back Premises to as nearly as possible its original value, condition, character, utility and useful life immediately before a Condemnation or else shall be liable to Casualty, but in any event assuming the Landlord for Premises have been maintained in accordance with the costs incurred for the Landlord to do so after Tenant vacatesrequirements of Section 9 of this Part II.

Appears in 1 contract

Samples: Lease (Orchard Supply Hardware Stores Corp)

Repairs and Maintenance. The Landlord shall, at its own cost and expense and at all times, repair and maintain the exterior walls and foundation of the Premises. Tenant shall, at Tenant's own cost and expense and at all times, keep the Premises neat, clean, and in a sanitary condition, including the neat and orderly storage of the Products, and keep and use the Premises in accordance with all applicable laws, ordinances, rules, regulations, and requirements of governmental bodies and authorities. Except as set forth in the first sentence of this Section 10, Tenant shall make such repairs as are necessary to maintain the Premises in as good condition as the Premises now are, reasonable use and wear excepted. If Tenant refuses or neglects its duties under this Section 10, then, at the expiration of thirty (a30) take good care days' written demand to Tenant (or without demand in the case of the Apartment emergency) Landlord may, but is not required to, make, perform or cause such repairs as it deems necessary and all equipment and fixtures in it; (b) Tenant agrees to reimburse Landlord promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord upon demand for the cost thereof, including interest thereon at the Default Rate. If Landlord refuses or neglects its duties to make repairs to the exterior walls and foundation of any repairs that are the Premises under this Section 10, then, at the expiration of thirty (30) days' written demand to Tenant (or without demand in the case of emergency), Tenant may, but is not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach required to, hang from make, perform or place anything on the railings of the patio or deck; cause such repairs as it deems necessary and ( f ) Landlord agrees that Tenant agrees not to install may offset any partition walls. No outside contractor is authorized to perform amounts expended by it in making such repairs against any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible amounts due and payable hereunder for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesRent.

Appears in 1 contract

Samples: Lease Agreement (Mestek Inc)

Repairs and Maintenance. The Tenant shall (a) take Provided Landlord warrants the Premises and equipment to be in good care of working order and repair and that it is in compliance with all applicable codes and laws including, but not limited to ADA laws (federal and state) and building codes, by taking possessiox xx xxx Premises, Tenant shall be deemed to have accepted the Apartment Premises as being in good and all equipment sanitary order, condition and fixtures in it; (b) promptly make all necessary repairs and replacements whenever repair, excepting the need results from the Punch List Items. Tenant shall, at Tenant's act of neglect or sole cost and expense, maintain the neglect of Tenant’s family membersPremises, guestsand the areas adjacent thereto, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as in good, clean and safe as possible; first-class condition and (d) promptly notify the Landlord when there are conditions which need repair. Landlord Tenant shall have a reasonable amount of time to make repairsbe solely responsible for maintaining and repairing all fixtures, electrical lighting, ceilings and flooring coverings, windows, doors, and interior walls within the Premises. In addition, Tenant shall be responsible for reimbursing all repairs made necessary by Tenant or Tenant's invitees in the Premises. Tenant acknowledges that Landlord shall have no obligation to maintain, repair or replace any telecommunications or computer cabling or wiring which is located in the Premises or which exclusively serves the Premises (collectively, "Cabling"). Tenant shall, at Tenant's expense, contract with Pacific Bell or another reputable contractor to maintain the Cabling; providxx, however, that Landlord may, at Landlord's option and with Tenant's consent and upon thirty (30) days' written notice to Tenant, undertake the responsibility for the maintenance of some or all of the Cabling, in which event the cost of such maintenance may be included as an "Operating Expense." Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises except as specifically set forth in this Lease. Under no circumstances shall Tenant make any repairs that are not "normal wear and tear" repairsto the Building or to the mechanical, any such costs shall be considered additional rent; (e) shall not attach toelectrical or heating, hang from ventilating or place anything on the railings air conditioning systems of the patio Premises or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex Building, unless such repairs are previously approved in writing by a representative Landlord. Provided such waiver is not against public policy or any existing law, Tenant waives the provisions of Sections 1931(1), 1941 and 1942 of the Landlord. If Tenant contracts for California Civil Code, and any similar or successor law regarding Tenant's right to make repairs and deduct expenses of such services without written consent of repairs from the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesRent due under this Lease.

Appears in 1 contract

Samples: Lease Agreement (American River Holdings)

Repairs and Maintenance. The Tenant shall (a) take good care Tenant’s entry into possession of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever Demised Premises shall be conclusive proof that the need results from the Tenant's act of neglect or the neglect of Tenant’s family membersDemised Premises are, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part as of the building used by the Tenant as clean commencement date, in good condition and safe as possible; repair and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time in all ways acceptable to make repairsTenant. Tenant shall be responsible for reimbursing the full cost to maintain it’s building. Tenant shall continue to keep same in good condition and repair and make all necessary repairs thereto, including without limitation, the interior and exterior of the premises, all structural and non-structural portions thereof, and all pipes, conduits, and duct work of the electrical, security, plumbing, heating, ventilation and air conditioning and sprinkler systems. Tenant hereby waives the provisions of Sections 1941 and 1942, and Section 1932 (2), and Section 1933 (4) of the Civil Code of California. All such repairs shall be made by Tenant as speedily as reasonably possible at Tenant’s sole cost and expense. In accordance with the foregoing, Tenant shall retain the services of an air conditioning service company for periodic inspection and repair, not less frequently than once each month. If Tenant fails to engage the services of an air conditioning company, Landlord may, without further notice, retain a company for such purposes and xxxx Tenant for the cost thereof, and Tenant shall reimburse Landlord within ten (10) days of any repairs that are not "normal wear and tear" repairsreceipt of Landlord’s xxxx. In addition, any such costs it shall be considered additional rent; (e) shall not attach tothe obligation of Tenant, hang from at Tenant’s expense, in the event that the Demised Premises are subject to termite infestation at any time or place anything on times during the railings Lease term, to procure the services of a licensed pest control company for purposes of eliminating the infestation, and Tenant shall, in such event, also be required to repair all damage incurred in or about the Demised Premises, whether structural or non-structural, by reason of the patio or deck; infestation and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlordelimination thereof. If Tenant contracts fails to meet the obligations set forth in the previous sentence, Landlord may perform the necessary work and xxxx Tenant for the cost, and Tenant shall reimburse Landlord within ten (10) days of receipt of Landlord’s xxxx. Notwithstanding the foregoing, Lessor shall make the following repairs to the Demised Premises and the building of which the Demised Premises form a part and Tenant shall reimburse Landlord Tenant’s pro-rata share of the costs thereof. Such items shall include without limitation: roof (excluding structural portions), service lines and drops located outside the perimeter of the Demised Premises, and painting or staining of exterior walls, trim, or accessories as Landlord from time to time determines. Tenant’s pro-rata share thereof shall be calculated by multiplying the total amount thereof by a fraction, the numerator of which is the leasable area within the Demised Premises and the denominator of which is the gross leasable area within the building of which the Demised Premises form a part. In the event any repairs are required to Tenant’s sign and Tenant fails to make such required repairs, Landlord shall repair same upon five (5) days notice to Tenant, at Tenant’s sole cost and expense plus interest at the Interest Rate from the date of Landlord’s payment thereof. Tenant shall promptly notify Landlord in writing of the need for any such services without written consent of the foregoing repairs which Landlord shall perform at Landlord’s expense. Landlord shall have the right to enter the Demised Premises upon 24 hours notice at any time with men and equipment as may be deemed necessary by Landlord to make such repairs. In no event shall Landlord be liable for any loss, damage (including water damage), theft or destruction of or to any merchandise, fixtures, money, or other property belonging to any other party (including Tenant) as a result of Landlord’s failure to promptly make or correctly perform any of the foregoing repairs unless caused by a willful act or negligence of Landlord, its agents, employees, contractors, servants, or designees while making such repairs. In the event Tenant fails or refuses to make any repairs it is required to make, in addition to all other rights and remedies hereunder and any other which now or hereafter may be available to Landlord at law or in equity, Landlord shall have the right to enter the Demised Premises with men and equipment to perform such repairs on behalf and at the expense of Tenant. Landlord may make any and all emergency repairs as Landlord deems necessary. In the event of any of the foregoing, Tenant shall reimburse Landlord Landlord’s costs and expenses thereto together with ten percent (10%) covering Landlord’s overhead. Such reimbursement shall be wholly responsible for made together with the payment for any next monthly installment of rent. In the event Tenant fails to timely reimburse Landlord such service and amount shall hold the Landlord harmless against any claim made by a contractor who performs any such service bear interest at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesInterest Rate (as hereinafter defined).

Appears in 1 contract

Samples: Center Lease (Community Bancorp Inc)

Repairs and Maintenance. The 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building (including water tightness thereof) and Project, including, without limitations, roofing and covering materials, foundations, exterior walls, the plumbing, fire sprinkler system (if any), heating, ventilating, air conditioning, elevator, and electrical systems thereof (and the full cost thereof shall be included as a part of Operating Expenses as provided in Article 7), unless such maintenance or repairs are required in whole or in part because of any act, neglect, fault of or omissions of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant shall (a) take good care pay to Landlord the cost of the Apartment such maintenance and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant Notwithstanding anything to the contrary set forth elsewhere in this Lease, Landlord, at its sole cost and expense and not as an Operating Expense, shall be responsible for reimbursing maintaining the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings structural integrity of the patio or deck; roof, the exterior walls and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative floor slabs of the LandlordBuilding. If In the event that Tenant contracts desires to independently arrange for any such certain services without written consent of the Landlordotherwise furnished by Landlord (other than landscaping), Tenant shall give notice to Landlord of such desire and, subject to Landlord’s approval, which approval shall not be wholly responsible for unreasonably withheld, Tenant may make such arrangements in which event Tenant shall pay the payment for entire cost therefor directly to the provider thereof and no costs associated with any such service and shall hold be included in Operating Expenses. In the event Landlord harmless against any claim made by a contractor who performs approves of any such service at arrangement, Landlord reserves the right to monitor the work or services provided by any such provider. Upon request of by Landlord in the Tenant. event that Landlord is dissatisfied with a provider or with the work or services provided, Tenant shall also be responsible for returning the apartment back terminate any such arrangements provided that Tenant shall have no less than forty five (45) days following receipt of Landlord’s request to its original conditioneffect such termination. In addition, or else upon request by Landlord Tenant shall be liable promptly furnish to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatescopies of all documents, contracts, work orders and other instruments executed in connection with any such arrangement.

Appears in 1 contract

Samples: By and Between (Gene Logic Inc)

Repairs and Maintenance. The At the Expiration Date, Tenant shall (a) take surrender the Leased Premises in good care condition, reasonable wear and tear and repairs required to be made of the Apartment and all equipment and fixtures Landlord excepted. Except as otherwise provided in it; (b) this Lease, Landlord shall promptly make all necessary repairs and replacements whenever to the need results from Building and the Leased Premises, including all repairs and replacements to the Building and the Leased Premises required as a result of damages caused by fire, casualty, or other acts of God; provided, however, and notwithstanding anything to the contrary contained in this Lease, that Tenant shall make all repairs and replacements to the Leased Premises, at its sole cost and expense (except to the extent that insurance proceeds are recovered therefor), to the extent such damage was caused by its willful act or negligence or the willful act or negligence of its employees, servants, agents, licensees, or invites. Tenant shall, within ten (10) business days, give written notice to Landlord in case of fire or accidents (whether to person or property) in or to the Leased Premises or in the Building. All repairs to the Leased Premises or to the Building required to be made by Tenant under this Lease shall be made at Tenant's act sole cost and expense, at such times and in such manners as Landlord may reasonably designate, and only by such contractors or mechanics as approved by Landlord and only in accordance with such plans as are mutually agreed upon by the parties hereto. If Tenant refuses or neglects to commence or complete such repairs promptly and adequately, Landlord may, but shall not be required to do so, make and complete said repairs and Tenant shall pay the cost thereof to Landlord upon demand. Tenant shall keep the building free from any liens arising out of neglect any work performed, materials provided or the neglect of other obligations incurred with relation to any construction, improvements or repairs by Tenant’s family members. Tenant agrees to bond against or discharge any such lien (including without limitation any construction, guests, visitors mechanic's or contractors materialman's lien) within ten (if consented to 10) days after a written request therefore by Landlord); . Tenant shall give Landlord at least two (c2) keep days written notice prior to commencing or causing to commence any work on the Apartment Leased Premises. Tenant shall, within ten (10) days of demand therefor, reimburse Landlord any and all costs and expenses, including reasonable attorney fees, which may be incurred by Landlord by reason of the filing of any other such lien and/or the removal of same. If the Landlord, in its reasonable discretion, deems it necessary, or if the Landlord shall be required by any governmental authority to repair, alter, remove, reconstruct or improve any part of the building used Building which might in any way substantially affect Tenants use or enjoyment of the Building, (unless the same results from Tenant's willful and/or negligent acts or change from current mode of operation, in which event Tenant shall make all such repairs, alterations and improvements), then the same shall be made by Landlord with reasonable and prompt dispatch, and, except as otherwise provided in this Lease, absent substantial interference, should the making of such repairs, alterations or improvements cause any interference with Tenant's use of the Leased Premises, such interference shall not relieve Tenant as clean and safe as possible; and (d) promptly notify from the performance of its obligations under this Lease. If the parties hereto shall deem it reasonably necessary, or if the Landlord when there are conditions shall be required by any governmental authority to repair, alter, remove, reconstruct or improve any part of the Leased Premises (unless the same results from Tenant's negligent and/or willful acts or damage of mode of operation, in which need repair. Landlord shall have a reasonable amount of time to make repairs. event Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" make all such repairs, any such costs alterations and improvements), then the same shall be considered additional rent; (e) made by Landlord with reasonable and prompt dispatch, and, except as otherwise provided in this Lease, absent substantial interference, should the making of such repairs, alterations or improvements interfere with Tenant's use of the Leased Premises, such interference shall not attach to, hang relieve Tenant from or place anything on the railings performance of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesobligations under this Lease.

Appears in 1 contract

Samples: Lease (Complete Business Solutions Inc)

Repairs and Maintenance. The 15.01 Subject to the provisions of Sections 15.02 and Articles 22 and 23 of this lease, Tenant shall (a) take good care of the Apartment and all equipment and fixtures in it; (b) Demised Premises. Tenant, at its expense, shall promptly make all necessary repairs repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and replacements whenever about the need results from Demised Premises and the Building, as shall be required by reason of (i) the performance or existence of Tenant's act Work or Tenant's Changes, (ii) the installation, use or operation of Tenant's Property in the Demised Premises, (iii) the moving of Tenant's Property in or out of the Building, or (iv) the misuse or neglect of Tenant or any of its employees, agents or contractors; but Tenant shall not be responsible for any of such repairs as are required by reason of Landlord's neglect or other fault in the manner of performing any of Tenant's Work or Tenant's Changes which may be undertaken by Landlord for Tenant's account or are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or contractors. Except if required by the neglect or other fault of Landlord or its employees, agents or contractors, Tenant’s family members, guestsat its expense, visitors shall repair or contractors (if consented to by Landlord); (c) keep replace all scratched, damaged or broken doors or other interior glass in or about the Apartment Demised Premises and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing all repairs, maintenance and replacement of wall and floor coverings in the Landlord Demised Premises and, for the cost repair and maintenance of any repairs that are not "normal wear and tear" all lighting fixtures therein. All repairs, any such costs except for emergency repairs, made by Tenant as provided herein shall be considered additional rent; (e) shall not attach to, hang from performed by contractors or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless subcontractors approved in writing by Landlord prior to commencement of such repairs, which approval shall not be unreasonably withheld or delayed. In the event that Landlord fails to respond to Tenant within ten (10) business days with respect to a representative request for approval of the Landlord. If Tenant contracts for any such services without written consent of the Landlorda contractor or subcontractor, Tenant shall be wholly responsible for send to Landlord a notice (hereinafter referred to as the payment for any such service and "Additional Notice") which shall hold the state that unless Landlord harmless against any claim made by a contractor who performs any such service at responds to the request for approval of such contractor or subcontractor within ten (10) days after receipt of the Tenant. Tenant shall also be responsible for returning the apartment back to its original conditionAdditional Notice, Landlord's approval of such contractor or else subcontractor shall be liable deemed granted and, in the event Landlord fails to the respond to such Additional Notice within ten (10) days of receipt thereof, Landlord for the costs incurred for the Landlord will be deemed to do so after Tenant vacateshave approved such contractor or subcontractor.

Appears in 1 contract

Samples: Atalanta Sosnoff Capital Corp /De/

Repairs and Maintenance. The 15.01 Tenant shall (a) take good care of the Apartment and all equipment and fixtures in it; (b) promptly Demised Premises and, at its expense, make all necessary non-structural, non-capital repairs thereto as and replacements whenever when needed to preserve them in good working order and condition; provided, however, Tenant need not make repairs to Landlord’s Work if such repairs are necessitated by a material defect in the need results from the Tenant's act workmanship of neglect or the neglect of TenantLandlord’s family members, guests, visitors or contractors contractor that was not reasonably observable within ten (if consented to by Landlord); (c10) keep the Apartment and any other part business days of the building used Commencement Date and which are brought to the attention of Landlord in writing by Tenant within three (3) months of the Commencement Date, provided that to the extent that any such defect is covered by any warranties or guarantees which have been assigned to Tenant as clean pursuant hereto and safe as possible; such warranties or guarantees are still in force and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. effect, then Tenant shall be responsible for reimbursing making such repairs. In addition, Tenant, at its expense, shall promptly make all repairs and replacements, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Building, as shall be required solely by reason of (i) the performance or existence of Tenant’s Changes, (ii) the installation, use or operation of Tenant’s Property in the Demised Premises, (iii) the moving of Tenant’s Property or any other property owned or being delivered to or from Tenant in or out of the Building, (iv) any work, labor or service done for or equipment supplied to Tenant or any subtenant, or (v) the misuse or neglect of Tenant or any of its employees, visitors, subtenants, agents or contractors; but Tenant shall not be responsible, and Landlord shall be responsible, for any of such repairs as are required by reason of Landlord’s neglect or other fault in performing any of Tenant’s Changes which may be undertaken by Landlord for Tenant’s account or are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or contractors. Except if required by the cost neglect or other fault of any repairs that are not "normal wear Landlord or its employees, agents or contractors, Tenant, at its expense, shall replace or repair all scratched, damaged or broken doors and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from glass in or place anything on about the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service Demised Premises and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning all repairs, maintenance and replacement of wall and floor coverings in the apartment back to its original condition, or else shall be liable to the Landlord Demised Premises and for the costs incurred for the Landlord to do so after Tenant vacatesrepair and maintenance of all lighting fixtures therein.

Appears in 1 contract

Samples: Lease (Tangoe Inc)

Repairs and Maintenance. The Tenant 9.1 Landlord shall (a) take good care maintain and repair the foundation and exterior walls of the Apartment Premises at its own cost and all equipment expense, provided, however, that if any maintenance or repair work for the foundation and fixtures in it; (b) promptly make all necessary repairs and replacements whenever exterior walls of the need results from the Tenant's act Premises is required as a result of neglect any negligence or the neglect willful misconduct of Tenant or any of Tenant’s family membersagents, guestsemployees, visitors shippers, customers, invitees or contractors contractors, such work shall be at Tenant’s sole cost and expense. Tenant shall maintain and repair the exterior paint and roof of the Premises. Landlord shall repair and replace the entire roof of the Building and shall provide Tenant with the benefit of at least a ten (if consented to 10) year warranty for the new roof. To the extent that roof repairs are covered by Landlord); the roof warranty, Tenant shall receive the benefit of such warranty. Further, Tenant shall maintain and repair the asphalt paving and the concrete paving of the Tenant Yard Area. Tenant shall keep all other portions and components of the Premises (cincluding, without limitation, all plumb­ing, HVAC systems, electrical and lighting systems, ceilings, plate glass and skylights) keep in working order, good condition and repair during the Apartment Lease Term and any other part Extended Term. Without limiting the generality of the foregoing, Tenant shall perform all maintenance detailed in Paragraph K (mechanical service controls) of the Performance Standards of Xxxxxx Land Company attached hereto as Exhibit A. Tenant shall promptly replace any portion of the Premises or system or equipment in the Premises which cannot be repaired to its condition as of the Commencement Date hereof, regardless of whether the benefit of such replacement extends beyond the Lease Term or any Extended Term. Tenant shall maintain the Premises in an orderly and operative condition, ordinary wear and tear excepted (but provided that all components of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairshall at all times be kept in working order). Landlord shall have a reasonable maintain the exterior landscaping for the Premises in accordance with Landlord’s then-prevailing landscape maintenance standards, and the amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for by which the cost of any repairs that are not "normal wear such landscape maintenance work exceeds the Annual Landscape Base Amount of Twenty Six Thousand One Hundred Ninety Six and tear" repairs, any such costs 00/100ths Dollars ($26,196.00) shall be considered paid by Tenant to Landlord as additional rent; . Such payments shall be made by Tenant within ten (e10) shall not attach to, hang days following Tenant’s receipt of an invoice from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for waives the provisions of any such services without written consent of the law permitting Tenant to make repairs at Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacates’s expense.

Appears in 1 contract

Samples: Lease (Hansen Natural Corp)

Repairs and Maintenance. The Landlord will repair and maintain the structural components of the Building, the basic Building core, the basic Building facilities systems which pass through the Premises and the Common Areas. Landlord will not be responsible for maintenance or repair of improvements made by or at the request of Tenant that are not Building Standard (which term, as used herein and herein so called, shall mean the level or type of service or equipment standard in the Building or the type, brand or quality of materials Landlord designates from time to time to be the minimum or exclusive type, brand or quality to be used in the Building), it being hereby agreed that Tenant shall (a) be solely responsible for the cost of maintenance or repair of any non-Building Standard improvements made by or at the request of Tenant. Tenant will, at Tenant's expense, take good care of and maintain the Apartment Premises in good order, condition and all equipment and fixtures repair, except as provided in it; (b) promptly make all necessary repairs and replacements whenever the need results from preceding sentence. Tenant will be liable for any damage to the Tenant's act of neglect Premises or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by Building which arises out of any act, omission, misuse or neglect of Tenant or any of Tenant's subtenant's, employees, agents, contractors or invitees or any other person entering upon the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairPremises. Landlord shall have a reasonable amount of time to make repairs. Tenant shall Tenant, at Tenant's expense, will be responsible for reimbursing the Landlord for the cost replacement of any repairs that are not "normal wear and tear" repairsall light bulbs and fluorescent tubes in the Premises other than the Building standard fluorescent tubes and ballasts, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also additionally be responsible for returning promptly replacing all scratched, damaged or broken doors and glass in and about the apartment back Premises and will be responsible for all repairs, maintenance and replacement of wall and floor coverings in the Premises to its original conditionthe extent that the same are damaged beyond reasonable and customary wear and tear (except to the extent that such damage or need for repair is caused by the act, omission, misuse or neglect of Landlord or any of Landlord's employees, agents, contractors or invitees and such damage or repair item is not covered by, or else shall is not required hereunder to be liable covered by, insurance of Tenant or subject to the provisions of Section 9.5 hereof). Any repairs in or to the Premises or the Building for which Tenant is responsible will, only after Landlord's receipt of written request therefor, be performed by Landlord for the costs incurred for the Landlord to do so after Tenant vacatesat Tenant's expense (including Landlord's supervision fee under Section 4.9 hereof).

Appears in 1 contract

Samples: Office Lease Agreement (Nexplore Corp)

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Repairs and Maintenance. The 14.01. Landlord shall at its expense, maintain the Property in good repair and condition as a Class A office building, including but not limited to the maintenance and repair of the roof, foundation, air conditioning, heating, plumbing and electrical systems, structural components, parking areas, walkways, and landscaping. Tenant will not in any manner deface or injure the Building, and will pay the cost of repairing any damage or injury done to the Building or any part thereof by Tenant or Tenant’s agents, employees or invitees. Tenant shall (a) take good care of the Apartment Premises and keep the Premises free from waste and nuisance of any kind. Tenant shall keep the Premises, including Landlord’s Furniture and all equipment fixtures installed by Tenant and fixtures any plate glass and special store fronts, in it; (b) promptly good condition, reasonable wear and tear and damage caused by casualty excepted, and make all necessary non-structural repairs and replacements whenever the need results from the Tenant's act except those caused by fire, casualty or acts of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to God covered by Landlord’s fire insurance policy covering the Building. The performance by Tenant of its obligations to maintain and make repairs shall be conducted only by contractors and subcontractors approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned, or delayed); (c) keep , it being understood that Tenant shall procure and maintain and shall cause contractors and subcontractors engaged by or on behalf of Tenant to procure and maintain insurance coverage against such risks, and in such amounts as Landlord may reasonable require and with such companies as landlord may reasonably approve, in connection with any such maintenance and repair. If Tenant fails to make such repairs or take steps to have such condition corrected after the Apartment and any other part occurrence of the building used by the Tenant as clean damage or injury, Landlord may at its option make such repair, and safe as possible; and Tenant, shall within thirty (d30) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount days of time to make repairs. Tenant shall be responsible for reimbursing the request therefor, pay Landlord for the cost thereof. At the end or other termination of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlordthis Lease, Tenant shall be wholly responsible for deliver up the payment for any such service Premises with all improvements located thereon (except as otherwise herein provided) in good repair and condition, reasonable wear and tear and damage caused by casualty excepted, and shall hold the deliver to Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable all keys to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesPremises.

Appears in 1 contract

Samples: Lease Agreement (UroGen Pharma Ltd.)

Repairs and Maintenance. The Tenant A. Except as otherwise set forth in this Lease, Landlord, during the Term of this Lease, shall (a) take repair and maintain in good care condition, and if necessary, replace all structural portions of the Apartment Premises, including, but not limited to, the exterior walls, roof and foundations, pipes and conduits, and utility installations, and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever necessary to put and maintain the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part exterior of the building used by the Tenant Premises and parking area (including, but not limited to, filling holes and resealing as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time necessary, but subject to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs), any such costs shall be considered additional rent; including all improvements now or hereafter constructed thereon by Landlord, and all appurtenances thereto (eincluding sewer and sewer connections, water and gas pipes) shall not attach toin substantially the same condition, hang from or place anything order and repair as existed on the railings Commencement Date (subsequent normal wear and tear and casualty loss excepted); provided, however, that if any said repairs and/or maintenance are necessitated by the negligence or willful misconduct of the patio Tenant, its employees, agents, contractors, licensees or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlordinvitees, Tenant shall be wholly responsible immediately reimburse Landlord upon Landlord’s delivery of an invoice for the payment for any reasonable and actual cost thereof, and no portion of such service invoiced amounts shall be included in Fixed Rent. In addition, but except as otherwise provided in this Lease, Landlord shall repair and shall hold maintain the Landlord harmless against any claim made by a contractor who performs any such service at the request interior of the Premises, including, without limitation, windows, repairs and maintenance of those portions of the Premises that are of a structural nature or which are caused by structural failures or movement, repairs to the interior of the Premises made necessary by leakage of the roof, or by leakage of any utility installation and also including, without limitation, repairs and maintenance to ordinary utilities, line plumbing, light fixtures and bulb replacement and interior glass; provided, however, that if any repairs and/or maintenance are necessitated by the acts or omissions of Tenant. , its employees, agents, contractors, licensees or invitees, Tenant shall also immediately reimburse Landlord upon Landlord’s delivery of an invoice for the cost thereof; and no portion of such invoiced amounts shall be responsible for returning included in Fixed Rent. Notwithstanding the apartment back foregoing, Landlord shall not, except as provided in Section 7 of this Lease, be required to its original conditionrepair, alter or make any improvements to the Premises and/or improvements forming a part of the Premises or any of the Facilities to cause the Premises, the Facilities and/or such improvements to comply with Legal Requirements, Environmental Laws, or else Project-Wide Protocols nor shall Landlord be liable required to repair, alter or make any improvements to the Landlord for Premises or the costs incurred for Project which a third party supplier of services to the Landlord Premises is obligated to do so after Tenant vacatesmake under any separate written agreement with Tenant.

Appears in 1 contract

Samples: Lease (Everspin Technologies Inc)

Repairs and Maintenance. The Tenant During said lease term or any other period of occupancy prior to or after said lease term the LESSOR shall (a) take maintain and keep in good care repair the exterior of the Apartment building within which the leased premises is contained (inclusive of the obligation to maintain and all equipment repair the roof, gutters and fixtures in it; (b) promptly make all necessary repairs downspouts and replacements whenever the need results from the Tenant's act to keep said building structurally sound, but exclusive of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other such exterior part of the building used premises damaged by the Tenant negligence of LESSEE or its employees, agents, contractors or representatives) and the entire Common Area within said CENTER; provided, however, LESSOR shall not be obligated to repair and maintain any part of the exterior storefront of said premises (meaning any part of any door, doorframe or doorjamb, window or window frame), or any other exterior door or window or part thereof, or any exterior sign, awning, light fixture or canopy or part thereof which has been installed by or for LESSEE and which constitutes part of or is affixed to said premises. During said same period or periods, in addition to being responsible for the maintenance and repair of those parts of the premises which as clean above mentioned are not obligations of the LESSOR, LESSEE shall maintain and safe as possiblekeep in good repair and condition the interior of the demised premises, including but not limited to the walls, floors and ceilings and any parts thereof; and LESSEE shall further be responsible for the repair, maintenance and replacement, if necessary, of all mechanical, electrical and plumbing systems or parts thereof within or exclusively serving said premises, including but not limited to, the heating, ventilating and air conditioning (dHVAC) systems. LESSEE shall enter into a preventive maintenance service contract with a reputable company approved by LESSOR for the regular and periodic servicing (not less than twice each year) of the HVAC system upon and serving the premises. LESSEE shall also contract with a filter replacement service for monthly replacement of filters in the HVAC equipment. LESSEE shall maintain such service contracts in effect throughout the lease term and LESSEE'S occupancy of the premises. If LESSEE shall fail to enter into and maintain such HVAC service contract and such filter replacement service contract, or shall fail to furnish LESSOR on request with satisfactory evidence that such contracts are in effect, LESSOR may, at its option, enter into such contracts for and on behalf of LESSEE and the cost thereof shall, on demand, be promptly notify the Landlord when there are conditions which need repair. Landlord paid by LESSEE to LESSOR; provided, however, LESSOR shall have a reasonable amount no obligation by virtue of time this provision to make repairscontract for such services. Tenant Additionally, LESSEE understands that failure to cause such HVAC equipment to be regularly and properly serviced and maintained may also negate or void any existing warranties on such equipment. Notwithstanding the LESSOR'S covenants herein set forth, LESSEE shall be solely responsible for keeping the sidewalk immediately in front of its storeroom premises free from snow and ice. Further notwithstanding the foregoing to the contrary, LESSOR warrants that the HVAC system shall be in good working condition and repair upon delivery of possession of the premises to LESSEE; and that LESSOR shall be responsible for reimbursing such HVAC repair (excluding routine changing of filters) should anything go wrong with the Landlord for system during the cost first six (6) months of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatessaid Primary Term.

Appears in 1 contract

Samples: Lease (Family Christian Stores Inc)

Repairs and Maintenance. The Tenant shall (a) take good care shall, at Tenant’s sole cost and expense, keep and maintain the roof, foundation, heating, ventilation and air condition system, on-site parking area, landscaping and interior and exterior of the Apartment building(s) on the Leased Premises in as good a condition and all equipment repair as on the Commencement Date and fixtures to deliver to Landlord physical possession of the Leased Premises at the end of the Term and any extensions thereof in it; such condition, reasonable wear and tear and loss by fire (bnot covered by insurance) promptly make all necessary repairs and replacements whenever the need results from the Tenant's or other casualty or by earthquake or other act of neglect or God excepted. Landlord and Tenant hereby agree that Exhibit A attached hereto is an accurate reflection of the neglect condition of the Leased Premises on the Commencement Date and that in no event shall Tenant be required to return the Leased Premises to Landlord at the end of the Lease Term in a condition better than that described on such Exhibit A. Notwithstanding anything to the contrary in this Lease, in no event shall Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the obligations under this Lease require Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at repair or replacement of any item that could be amortized as a capital expense under Generally Accepted Accounting Principles. In the Apartment event such repair or apartment complex unless approved in writing by a representative replacement arises, and such repair or replacement, if not performed, would materially interfere with Tenant’s occupancy or use of the Leased Premises, Landlord shall perform such repair or replacement at Landlord. If ’s sole cost and expense and Tenant contracts for any such services without written consent shall reimburse Landlord each year of the LandlordLease Term for one (1) year of the amortized cost of such repair or replacement, Landlord applying a commercially reasonable interest rate for such amortization (provided that Tenant shall be wholly responsible for only pay a pro rata share of its amortized share during the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request term of the Tenant. Tenant shall also be responsible for returning Building 2 Lease extension based on the apartment back to its original condition, or else shall be liable square footage the Building 2 premises bears to the Landlord for entire Leased Premises as measured on the costs incurred for the Landlord to do so after Tenant vacatesCommencement Date).

Appears in 1 contract

Samples: Lease Agreement (Aviza Technology, Inc.)

Repairs and Maintenance. The Tenant shall (a) take good care By taking possession of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family membersPremises, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing deemed to have accepted the Landlord for Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the cost Premises and every part thereof in good condition and repair, damage thereto from causes beyond the reasonable control of any repairs that are not "normal Tenant and ordinary wear and tear" repairs, any tear excepted. All such costs work shall be considered additional rent; (e) in quality and kind equal to the original work, and shall not attach to, hang from or place anything on the railings of the patio or deck; be done only at such times and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless in such manner as approved in writing by Lessor. Lessor may repair, at the expense of Tenant, any damage to the Premises or to the building of which they are a representative part, or to its fixtures, grounds, facilities, appurtenances and equipment caused by Tenant or Tenant’s guests, employees, agents or visitors. The cost of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant repair shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made payable immediately as additional rent by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning shall, upon expiration or sooner termination of this lease hereof, surrender the apartment back Premises to its original the Lessor in good condition, ordinary wear and tear and damage caused beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Lessor shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or else shall be liable paint the Premises or any part thereof, and the parties hereto affirm that Lessor and its agent have made no representation to Tenant respecting the Landlord for conditions of the costs incurred for Premises or the Landlord to do so after Tenant vacatesbuilding except as specifically set forth.

Appears in 1 contract

Samples: Office Lease (Atossa Genetics Inc)

Repairs and Maintenance. The 17.01. Tenant shall (a) shall, throughout the Term, take good care of the Apartment Demised Premises, the fixtures and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the appurtenances therein. Tenant's act of neglect or the neglect of Tenant’s family members, guestsat its expense, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing all repairs, interior and exterior, structural and non-structural, ordinary and extraordinary, in and to the Landlord Demised Premises, the premises of other tenants, the Building (including the facilities and systems thereof), and the Common Areas the need for which arises out of (a) the performance of alterations by Tenant, (b) the installation, use or operation of the Tenant's Property in the Demised Premises, (c) the moving of the Tenant's Property in or out of the Building, or (d) the act, omission, misuse or neglect of Tenant or any of its subtenants or its or their employees, agents, contractors or invitees. Tenant shall promptly replace all scratched, damaged or broken doors and glass in and about the Demised Premises and shall be responsible for all repairs, maintenance and replacement of wall and floor coverings in the Demised Premises and for the cost repair and maintenance of all sanitary and electrical fixtures and equipment therein. Tenant shall promptly make all repairs in or to the Demised Premises for which Tenant is responsible, and any repairs that are not "normal wear required to be made by Tenant to the mechanical, electrical, sanitary, heating, ventilating, air-conditioning or other Systems of the Building shall be performed only by contractor(s) designated by Landlord. Any other repairs in or to the Building, its facilities and tear" repairsSystems or the premises of other tenants for which Tenant is responsible shall be performed by Landlord at Tenants expense; but Landlord may, at its option, before commencing any such costs shall be considered additional rent; work or at any time thereafter, require Tenant to furnish to Landlord such security, in form (e) shall not attach toincluding, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing without limitation, a bond issued by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlordcorporate surety licensed to do business in New Jersey) and amount, Tenant as Landlord shall be wholly responsible for deem necessary to assure the payment for any such service and shall hold the Landlord harmless against any claim made work by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacates.

Appears in 1 contract

Samples: Lease Agreement (Access Integrated Technologies Inc)

Repairs and Maintenance. The By taking possession of the Premises, Tenant shall (a) take be deemed to have accepted the Premises as being in good care sanitary order, condition and repair. Tenant shall at Tenant's cost keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Apartment and all equipment and fixtures Tenant excepted. Unless specifically provided in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family membersan addendum to this Lease, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the exterior walls and roof of the building, the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or mission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable amount cost of time to make such maintenance and repairs. Tenant shall be responsible for reimbursing the give Landlord for the cost written notice of any required repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) or maintenance. Landlord shall not attach to, hang from be liable for any failure to repair or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the Apartment responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or apartment complex unless approved in writing by a representative interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the Landlord. If Tenant contracts for any such services without written consent of building or the LandlordPremises or to fixtures, Tenant shall be wholly responsible for the payment for any such service appurtenances and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenantequipment therein. Tenant shall also be responsible for returning waives the apartment back right to its original conditionmake repairs at Landlord's expense under any law, statute or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesordinance now or hereafter in effect.

Appears in 1 contract

Samples: Lease Agreement (Verisity LTD)

Repairs and Maintenance. The Tenant Except repairs, replacements or maintenance necessitated in any manner by the negligent or intentional acts or omissions of Lessee or its agents, Lessor shall (a) take maintain the roof and exterior walls, floor, parking area and walkways, plumbing and electrical systems, and area landscaping in good care condition and repair at its own expense. Lessee shall maintain the balance of the Apartment Premises and all equipment appurtenances, including, but not limited to, heating and fixtures air conditioning units, in it; (b) promptly make all necessary repairs good condition and replacements whenever repair at its expense. Lessor represents and warrants that, as of the Commencement Date, the HVAC system, roof structure, fire sprinkler system, and structural integrity of the walls and foundation are in good condition, functioning properly, and to Lessor’s current and actual knowledge not in need results from of repair. Lessee agrees that on the Tenant's last day of the term or sooner termination of the Lease, it will surrender the Premises to Lessor in as good condition as they are as of the Commencement Date, damage by fire, act of neglect God or by the neglect elements of Tenant’s family members, guests, visitors or contractors (if consented other casualty excepted to the extent such Lessor is reimbursed by Landlord); (c) insurance for such loss. If Lessee shall fail to keep the Apartment Premises properly repaired, Lessor may do so (but is not obligated), and any other part the cost of such repair shall be paid by Lessee with the building used by the Tenant next installment of and as clean rent due hereunder. Lessor shall cooperate reasonably with Lessee to utilize all manufacturers’ and safe as possible; and (dconstruction warranties related to Lessor’s Work. When Lessor has an obligation to repair, Lessor shall repair such item(s) promptly notify the Landlord when there are conditions which need repair. Landlord shall have or area(s) within a commercially reasonable amount of time after receipt of written notice from Lessee, unless due to make repairsthe nature of such repair, more than thirty days are needed to repair in which case Lessor shall begin such repair within thirty days and diligently pursue such repair to completion. Tenant Notwithstanding anything to the contrary in the Lease, Lessor shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized have no obligation to perform any services work on or about the Property or Premises other than that for which Lessor is obligated by the Lease and that which is as specifically set forth herein. Lessee shall, at Lessee’s sole cost and expense, fully, diligently, and in a timely manner comply with all “Applicable Requirements,” which term is used in this Lease to mean all laws, rules, regulations, ordinances, directives, covenants, easements, and restrictions of record, permits, the Apartment requirements of any applicable fire insurance underwriter or apartment complex unless approved rating bureau, and the recommendations of Lessor’s engineers and/or consultants, relating in any manner to the Premises (including but not limited to matters pertaining to (a) industrial hygiene, (b) environmental conditions on, in, under, or about the Premises, including soil and groundwater conditions, and (c) the use, generation, manufacture, production, installation, maintenance, removal, transportation, storage, spill, or release of any Hazardous Substance), now in effect or which may hereafter come into effect. Lessee shall, within 5 days after receipt of Lessor’s written request, provide Lessor with copies of all documents and information evidencing Lessee’s compliance with any Applicable Requirements, and shall immediately upon receipt notify Lessor in writing by a representative (with copies of the Landlord. If Tenant contracts for any such services without written consent documents involved) of the Landlordany threatened or actual claim, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original conditionnotice, citation, warning, complaint, or else shall be liable report pertaining to or involving failure by Lessee or the Landlord for the costs incurred for the Landlord Premises to do so after Tenant vacatescomply with any Applicable Requirements.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Consonus Technologies, Inc.)

Repairs and Maintenance. The Tenant shall (a) take It is your responsibility to ensure that your home is maintained in a clean condition and good care state of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be You should ensure that all repairs for which you are responsible for reimbursing are carried out without delay and to a satisfactory standard. You must repair to the Landlord for satisfaction of PMVT or bear the cost of repairing any repairs that are not "normal wear fixture or fitting if it is found to have occurred as mis-use, neglect or damage considering the age, character and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings life expectancy of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlordsame. If Tenant contracts for a fixture or fitting have been damaged accidentally or through neglect or carelessness by you or any such services without written consent member of your household or guest/visitor to the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant dwelling it shall also be deemed the responsibility of the tenant to bear the cost of the repair. If your home has a garden or balcony, you must keep it in good condition and free from waste or litter. • Gully traps must be kept clean and clear. • Grass must be cut regularly in season. • You shall not plant trees or shrubs which may cause damage to your home or neighbouring properties. • You must trim all xxxxxx and trees seasonally. You must make use of any arrangements made by PMVT or Management Company for the removal of refuse and you shall not allow any accumulation of refuse in or around your dwelling. Where arrangements for refuse disposal are not provided, you shall make provision for its disposal and pay all costs incurred. You are responsible for returning maintaining your own furniture, appliances and other fixtures and fittings. You are also responsible for maintaining any furniture or appliances that have been “gifted” (provided) to you in a leased dwelling. You must report to PMVT all defects and necessary repairs which are not your responsibility as soon as that you become aware of them. A full list of repair responsibilities is set out in the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesschedule on Pages 27-32.

Appears in 1 contract

Samples: Tenancy Agreement

Repairs and Maintenance. The It is the responsibility of the Tenant to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Apartment including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheet rock or siding, or any leaks. If Xxxxxx fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall (a) take good care be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), his/her agents or invitees, which repairs shall be made at the sole cost of the Tenant. Such repairs shall be made to conform to the original condition of the Apartment at the time the Tenant took possession. Although the Landlord repairs normal wear and all equipment tear items, the adage “you broke it you fix it” applies to the Tenant(s) and fixtures in it; it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant calls for maintenance for which no such maintenance is needed (b) promptly make all necessary repairs false call), Tenant will be charged for the service call. Any repairs, including labor, material and replacements whenever parts used, which are the need results from responsibility of the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used must be pre-approved in writing by the Tenant Landlord. Landlord shall be the sole judge as clean and safe as possible; and (d) promptly notify the Landlord when there to what repairs are conditions which need repairnecessary. Landlord shall have a reasonable amount no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant, where the defective condition complained of time was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant, or where the Tenant unreasonably fails to make repairsnotify the Landlord of the condition or allow the Landlord access to the Apartment for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant must be current in rent. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) all broken glass. Tenant shall not attach topaint, hang from re-wallpaper or place anything on the railings of the patio otherwise redecorate or deck; and ( f ) Tenant agrees not make alterations to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative surrounding areas without the written consent of the Landlord. If Tenant contracts for any such services without written consent is given, such alterations shall be at the expense of the Tenant and shall become part of the premises and the Owner’s property upon termination of this lease and tenancy. Tenant shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said premises. In case the Apartment or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Apartment or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Apartment unfit for human habitation, the rent shall cease until such time as the Apartment will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction, and from thenceforth this Lease Agreement shall cease and come to an end. In the event the damage is caused by the act of the Tenant, or someone in the Apartment or on the premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant shall be wholly responsible liable for all costs or repair. Should Landlord notify Tenant of intent to clean, replace carpets or paint the payment for any such service Apartment, moving furniture and wall hangings shall hold be the Landlord harmless against any claim made by a contractor who performs any such service at the request duty and expense of the Tenant. Tenant shall also be responsible for returning the apartment back to its original conditionunderstands that he/she will not receive any rent reductions, adjustments, or else other compensation due to repairs or interruptions of service except as provided by law. U. Entry, Inspection and Signs: Tenant shall be liable not withhold consent to the Landlord for to enter the costs incurred for Apartment in order to inspect the Landlord Apartment, make necessary or agreed repairs, alterations, or improvements, supply necessary or agreed services, or show the Apartment or any part of the Premises to do so after Tenant vacates.prospective or actual purchasers, mortgagees, Tenants, workmen or contractors. Forty-eight

Appears in 1 contract

Samples: Pomeroy Court Apartments Lease Agreement

Repairs and Maintenance. The Landlord agrees that it will maintain and keep the following in good condition and repair during the Term: (i) the parking area described in Section 6, (ii) the landscaping located on the Parcel, (iii) the Building in which the Premises are located, excluding interior painting, carpeting, lighting fixtures, fixtures brought into the Premises by Tenant, and any damage or repair to the plumbing or electrical systems caused by Tenant shall or its employees or guests. Tenant must make any repairs or replacements necessitated by damage caused by the Tenant or its employees, agents, invitees, or visitors. If Tenant fails to make any repairs or replacements caused by it or its employees, agents, invitees or visitors promptly, Landlord may, at its sole option, make the repairs or replacements after at least thirty (a30) take good care days prior written notice to Tenant. Tenant must reimburse Landlord the reasonable cost of the Apartment and all equipment and fixtures in it; repairs or replacements within ten (b10) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect days of Tenant’s family membersreceipt of Landlord’s invoice. If the damage is caused by an insurable event under the insurance required by Section 20 of this Lease, gueststhe provisions of Section 20(D) are applicable and the provisions of this section are not. Landlord is not responsible for repainting the interior of the Premises or for replacement of the carpeting unless repainting or replacement is made necessary by the act or negligence of Landlord or its agents, visitors employees, servants, contractors, or contractors (if consented to subcontractors, or by Landlord); (c) keep the Apartment and breach of any other part obligation of Landlord under this Lease. If Landlord fails to commence and diligently pursue the building used by above maintenance and repair work within thirty (30) days after the date that Tenant as clean gives written notice to Landlord that a specific repair or maintenance work is needed, and safe as possible; and (d) promptly notify describing the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. work, Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are may, but is not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach obligated to, hang from make or place anything on cause the railings repair or maintenance work to be done or performed for Landlord at Landlord’s sole expense, and Landlord agrees to reimburse Tenant upon demand any actual out-of-pocket expense incurred by Tenant in its performance of the patio or deck; Landlord’s duties that is due and ( f payable within ten (10) Tenant agrees not days after delivery of an invoice to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent notifies Landlord that there is an emergency situation within the Premises, Landlord must promptly commence the work or cause others to commence the work required to cure or eliminate the emergency. For the purposes of this Lease, the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back term “emergency” means that immediate danger to its original condition, life or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesproperty exists.

Appears in 1 contract

Samples: Lease Agreement

Repairs and Maintenance. The 15.01 Tenant shall maintain the Demised Premises (aincluding Tenant's equipment, personal property and trade fixtures located in the Demised Premises) take good care of in their condition at the Apartment time they were delivered to Tenant, reasonable wear and all equipment tear excepted, except for damage by casualty which Tenant is not required to restore hereunder. Tenant shall, at Tenant's sole cost and fixtures in it; (b) promptly expense, make all necessary interior non-structural repairs to the Demised Premises as and replacements whenever when needed to preserve the need results Demised Premises in good condition and working order, damage from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repaircasualty excepted. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing operating, maintaining, and repairing the Building including, but not limited to, maintenance, repairs and replacements including all structural and non-structural repairs; maintenance, repair and replacement of all Building systems including, but not limited to, electrical and plumbing; all roof repairs and replacement (including snow removal from the roof, if required, and any roof drainage systems); maintenance, repairs and replacement of the parking areas, driveways and sidewalks; maintenance of the Land and grounds; and ice and snow removal. Tenant shall pay as Additional Rent under the terms set forth in Article 5 of this Lease Tenant's Proportionate Share of all costs incurred by Landlord for the cost maintenance and repairs set forth in the preceding sentence. Except if required by the negligence or other fault of any repairs that are not "normal wear Landlord or its employees, agents or contractors, Tenant, at its expense, shall replace all scratched, damaged or other glass in or about the Demised Premises and tear" shall be responsible for all repairs, any such costs maintenance and replacement of interior doors and wall and floor coverings in the Demised Premises and, for the repair and maintenance of all lighting fixtures therein. All repairs, except for emergency repairs, made by Tenant as provided herein shall be considered additional rent; (e) shall not attach to, hang from performed by contractors or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless subcontractors approved in writing by a representative Landlord prior to commencement of such repairs, which approval shall not be unreasonably withheld or delayed. To the best of Landlord's knowledge, the HVAC, electrical and plumbing systems and components serving the Demised Premises shall be in good working order as of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesCommencement Date.

Appears in 1 contract

Samples: Lease (Treasure Mountain Holdings Inc)

Repairs and Maintenance. The 7.1 Tenant shall (a) take generally monitor, maintain and repair the Leased Premises, in a good care and workmanlike manner, and shall, at the expiration of the Apartment term, deliver the Leased Premises in good order and all equipment condition, damages by fire or casualty, the elements, condemnation, repairs that are not Tenant’s responsibility hereunder and fixtures in it; (b) promptly ordinary wear and tear excepted. Tenant covenants and agrees that it shall not cause or permit any waste, damage or disfigurement to the Leased Premises, or any overloading of the floors. Tenant shall maintain and make all repairs to the floor surface, plumbing and electrical systems including all ballasts and fluorescent fixtures located within and exclusively serving the Leased Premises. Landlord shall be responsible for repairs necessary to the Building structure, roof, exterior windows, doors and load-bearing walls, and electric and plumbing and other Building systems to the point where they enter the Leased Premises, and the maintenance of the HVAC systems located in the common mechanical room and on the roof along with the other mechanical systems located in the common mechanical room provided, however, that Landlord shall not be required to make, and Tenant shall be responsible for, any repairs and replacements whenever occasioned by the need results from the Tenant's act of neglect acts or the neglect omissions of Tenant, its agents, employees, contractors or subcontractors. Tenant shall promptly report in writing to Landlord any defective condition which Landlord is required to repair, and Landlord’s family membersobligation to repair, guestsexcept as to routine maintenance, visitors or contractors (if consented is conditioned upon receipt by Landlord of such prior written notice. Landlord’s obligation to by repair is also conditioned, at Landlord); (c) keep the Apartment ’s option, upon Tenant not then being in default under this Lease after notice and any other part expiration of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairapplicable cure period. Landlord shall have no other maintenance or repair obligations whatsoever with respect to the Leased Premises except that Landlord shall perform and construct any repair, maintenance or improvements (a) necessitated by the acts or omissions of Landlord or its agents, employees or contractors, (b) for which Landlord has a reasonable amount of time to make repairswarranty, or (c) which could be treated as a “capital expenditure” under generally accepted accounting principles. Tenant shall be responsible for reimbursing the Landlord Except for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlordforegoing, Tenant shall be wholly responsible for keep and maintain in good order, condition and repair the payment for any such Leased Premises and every part thereof, including, without limitation, the interior surfaces of the exterior walls, interior doors, door frames, door checks, interior windows and window frames, all wall and floor coverings, all building systems and components thereof which exclusively service the Leased Premises including, without limitation, mechanical, plumbing, electrical, all lighting fixtures and all bathrooms within the Leased Premises, and alterations, additions or improvements (“Alterations”) made by or on behalf of Tenant and shall hold the Landlord harmless against any claim make all other interior non-structural repairs, replacements, renewals and restorations, ordinary and extraordinary, foreseen and unforeseen, required to be made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable in and to the Leased Premises. The term “repair” as used in this Section shall include replacements when necessary. Landlord for agrees to maintain the costs incurred for Leased Premises at a minimum temperature of 45 degrees to prevent the freezing of domestic water and sprinkler pipes and no higher than 78 degrees to prevent humidity, mold and mildew. Landlord to do will provide Tenant’s desired comfortable office temperature so after Tenant vacateslong as the same is within the temperature range set forth above.

Appears in 1 contract

Samples: Lease Agreement (PMV Pharmaceuticals, Inc.)

Repairs and Maintenance. The Tenant Landlord shall (a) take good care maintain, or cause to be ----------------------- maintained in first class working condition, the common areas of the Apartment Building and all equipment the land upon which it is situated, including without limitation the lobbies, elevators, stairs, and fixtures in it; corridors, the roof, foundations, structural elements, building systems (b) promptly make all including, without limitation, the primary building HVAC but excluding any supplemental HVAC system serving the Premises), parking areas and exterior walls of the Building, and the underground utility and sewer pipes outside the exterior walls of the Building, if any, except any of such repairs rendered necessary repairs and replacements whenever by the need results from the Tenant's act of neglect negligence or the neglect misconduct of Tenant’s family members, guestsits agents, visitors customers, employees, independent contractors, guests or contractors invitees (if consented to the extent not released by Landlord pursuant to Section 18.2), the repair of which shall be paid for by Tenant within thirty (30) days of Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair's written demand with backup invoices. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing not alter the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings existing windows of the patio Premises (whether by addition of film or deck; and ( f ) Tenant agrees not otherwise). Subject to install any partition walls. No outside contractor is authorized Landlord's right of access pursuant to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the LandlordArticle 17, Tenant shall be wholly exclusively responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request interior of the TenantPremises (other than structural elements of the Building and portions of the Building systems within the Premises), which shall be maintained by Tenant in good order and repair, and Landlord shall be under no obligation to inspect the Premises or, except as otherwise expressly provided in this Lease, repair the Premises. Tenant shall also be promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair, and failure to so report such defects shall make Tenant responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for any liability incurred by Landlord by reason of such conditions. Tenant hereby waives the costs incurred for the Landlord right to do so after Tenant vacatesmake repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Deed of Lease (Vialog Corp)

Repairs and Maintenance. The Tenant shall (a) take good care Landlord will maintain the roof of the Apartment Building, the Building structure, mechanical systems (including, without limitation, the HVAC systems) and all equipment electrical wiring, plumbing, sewage or other pipes or conduit serving the Premises in good condition and fixtures repair. Tenant agrees to maintain the Premises in it; (b) promptly make all necessary repairs a clean, safe, and replacements whenever the need results from the Tenant's act of neglect operable condition, and will not permit or the neglect of Tenant’s family members, guests, visitors allow to remain any waste or contractors (if consented damage to by Landlord); (c) keep the Apartment and any other part portion of the building used by Premises. Subject to the waiver of subrogation set forth in Section 9.2 hereinbelow, Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time agrees to make repairs. Tenant shall be responsible for reimbursing the Landlord pay for the cost of any repairs that are not "normal wear repairing or replacing, subject to Landlord’s direction and tear" repairssupervision, any such costs shall be considered additional rent; (e) shall not attach todamage to the Premises and the Building caused by Tenant, hang from Tenant’s employees, Tenant’s transferees, or place anything on the railings of the patio their respective agents, contractors, or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlordinvitees. If Tenant contracts for fails to make such repairs or replacements within fifteen (15) days after the occurrence of such damage, then Landlord may make the same at Tenant’s cost. If any such services without written consent damage occurs outside of the Premises, then Landlord may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damage. The cost of all repair or replacement work performed by Landlord under this Section 6.2 must be paid by Tenant to Landlord, together with a supervisory and administrative fee equal to ten percent (10%) of the cost of the repair or replacement work performed by Landlord, within ten (10) days after Landlord has invoiced Tenant for such cost and will constitute Rent under this Lease. Landlord represents that the Building was built in conformance with all applicable fire, safety and building codes as well as the Illinois Accessibility Act. If at anytime during the Lease Term (or any extension or renewal thereof), any governmental authority requires alterations to the Premises in order to comply with the Americans With Disabilities Act of 1990, as amended (the “ADA”), Landlord shall be wholly responsible solely responsible, at Landlord’s sole cost and expense, for bringing the payment for any such service and shall hold Premises into compliance with the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesADA.

Appears in 1 contract

Samples: Lease Agreement (Enova International, Inc.)

Repairs and Maintenance. 12. The Tenant shall (a) take property named above is accepted by the Lessee in good care condition. Lessee acknowledges that at the start of the Apartment lease agreement, the premises is free of mold and all equipment mold related conditions. In the event mold, water leaks or water damage is discovered, Lessee must notify landlord immediately by submitting a maintenance request online via the tenant portal. Tenant agrees if a problem is found to give landlord a minimum of 30 calendar days to remedy. Any damages to the property being leased must be reported to the Lessor online through the tenant portal within seven days of taking possession of the property. The Lessee further agrees to allow no damages to occur to the property. All problems/repairs must be reported to Leparulo Properties in writing via the Leparulo Properties website and fixtures in it; (b) promptly make all necessary repairs tenant portal. xxx.xxxxxxxxxxxxxxxxxx.xxx Reported damages which are the result of ordinary wear and replacements whenever tear will be repaired by LPI. Damages which are the need results from result of the Tenant's act negligence of neglect the Lessee or the neglect of TenantLessee’s family members, guests, visitors licensee’s or contractors invitees will be repaired by LPI, but will be billed to the Lessee and must be paid by the Lessee immediately. Examples of repairs which are not the result of ordinary wear and tear and which will be the responsibility of the Lessee are: air conditioning repairs caused by not changing air conditioning filters monthly, sewer blockages (if consented to by Landlordother than roots in the sewer line); , broken glass (c) keep the Apartment and regardless of cause), frozen pipes, broken or missing screens and/or any other part damage which is caused by the actions or the inactions of the building used by Lessee. If the Tenant property includes a refrigerator with a water line and/or ice maker, and said items are found to not be functional, the refrigerator will not be replaced as clean and safe long as possible; and (d) promptly notify the Landlord when there are conditions which need repairunit is otherwise functional. Landlord shall have a reasonable amount of time to make repairsLeparulo Properties is NOT responsible for changing water filters in refrigerators. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services will do this at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatestheir expense.

Appears in 1 contract

Samples: Lease Agreement

Repairs and Maintenance. The Landlord will repair and maintain the structural components of the Building, the basic Building core, the basic Building facilities systems which pass through the Premises and the Common Areas. Landlord will not be responsible for maintenance or repair of improvements made by or at the request of Tenant that are not Building Standard (which term, as used herein and herein so called, shall mean the level or type of service or equipment standard in the Building or the type, brand or quality of materials Landlord designates from time to time to be the minimum or exclusive type, brand or quality to be used in the Building), it being hereby agreed that Tenant shall (a) be solely responsible for the cost of maintenance or repair of any non-Building Standard improvements made by or at the request of Tenant. Tenant will, at Tenant's expense, take good care of and maintain the Apartment Premises in good order, condition and all equipment and fixtures repair, except as provided in it; (b) promptly make all necessary repairs and replacements whenever the need results from preceding sentence. Tenant will be liable for any damage to the Tenant's act of neglect Premises or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by Building which arises out of any act, omission, misuse or neglect of Tenant or any of Tenant's subtenant's, employees, agents, contractors or invitees entering upon the Tenant as clean Premises. Tenant, at Tenant's expense, will promptly replace all scratched, damaged or broken doors and safe as possible; glass in and (d) promptly notify about the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall Premises and will be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" all repairs, maintenance and replacement of wall and floor coverings in the Premises and replacement of all non-Building Standard (it being the agreement of Landlord that Landlord shall replace, at Landlord's expense, any such costs shall be considered additional rent; (eBuilding Standard lighting in the Premises) shall not attach to, hang from light bulbs and fluorescent tubes in the Premises. Any repairs in or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Premises or the Building for which Tenant is responsible will, only after Landlord's receipt of written request therefor, be performed by Landlord for the costs incurred for the Landlord to do so after Tenant vacatesat Tenant's expense (including Landlord's supervision fee under Section 4.9 hereof).

Appears in 1 contract

Samples: Office Lease Agreement (Jamba, Inc.)

Repairs and Maintenance. The Tenant shall (a) take Except with respect to Landlord Repairs (as defined below), Tenant, at Tenant’s expense, shall keep and maintain the Premises in good care of the Apartment order and condition including promptly making all equipment repairs necessary to keep and fixtures maintain such in it; (b) promptly make all necessary good order and condition. When used in this Lease, “repairs” shall include repairs and replacements whenever any reasonably necessary replacements. Tenant shall have the need results from the Tenant's act option of neglect replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or the neglect advising Landlord of Tenant’s family membersdesire to have Landlord make such repairs, guests, visitors or contractors (if consented in which case Tenant shall pay to by Landlord for such repairs at Landlord); (c) keep ’s then-standard rate. To the Apartment and extent that Tenant requests that Landlord make any other part repairs that are Tenant’s obligation to make under this Lease, Landlord may elect to make such repairs on Tenant’s behalf, at Tenant’s expense, and Tenant shall pay to Landlord such expense along with the Administrative Fee. If an Event of Default then exists, Landlord may elect to require that Tenant prepay the building amount of such repair. All repairs made by Landlord or Tenant shall utilize materials and equipment that are at least equal in quality, number, and usefulness to those originally used by in constructing the Tenant as Building and the Premises. Tenant, at Tenant’s expense, shall maintain Tenant’s Supplemental HVAC and/or Alterations in a clean and safe manner and in proper operating condition throughout the Term and, with respect to Tenant’s Supplemental HVAC, under a service contract with a firm and upon such terms as possible; may be reasonably satisfactory to Landlord, including inspection and (d) promptly notify maintenance on at least a semiannual basis, and provide Landlord with a copy thereof. Within 5 business days after Landlord’s written request, Tenant shall provide Landlord with evidence that such contract is in place. All repairs to the Landlord when there are conditions which need repairBuilding and/or the Project made necessary by reason of the installation, maintenance, and operation of Tenant’s Supplemental HVAC and Alterations shall be Tenant’s expense. In the event of an emergency, such as a burst waterline or act of God, Landlord shall have a reasonable amount of time the right to make repairs. repairs for which Tenant is responsible hereunder (at Tenant’s cost) without giving Tenant prior notice, but in such case Landlord shall be responsible for reimbursing the provide notice to Tenant as soon as practicable thereafter, and Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not take commercially reasonable steps to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for minimize the costs incurred for the Landlord to do so after Tenant vacatesincurred.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Mirna Therapeutics, Inc.)

Repairs and Maintenance. The Tenant shall (a) take good care By taking possession of the Apartment Premises, the Sublessee shall be deemed to have accepted the Premises as being in good sanitary order, condition and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever repair. The Sublessee shall at the need results from the TenantSublessee's act of neglect or the neglect of Tenant’s family memberscost, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment Premises and every part of it in good condition and repair except for damages beyond the control of the Sublessee and ordinary wear and tear. The Sublessee shall upon the expiration or sooner termination of this Lease surrender the Premises to the Sublessor in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Sublessee excepted. Unless specifically provided in an addendum to this Lease, the Sublessor shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any other part of it and the parties hereto affirm that the Sublessor has made no representations to the Sub lessee respecting the condition of the Premises and the building except as specifically set forth in this Agreement. Despite the above provisions, the Sublessor shall repair and maintain or cause to be repaired and maintained the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical Systems furnished by the Sublessor, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Sublessee, its agents, employees or invitees, in which case the Sublessee shall pay to the Sublessor the reasonable cost of such maintenance and repairs. The Sublessee shall give the Sublessor written notice of any required repairs or maintenance. The Sublessor shall hot be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for the Sublessee's special needs are the responsibility of the Sub les see. Except as specifically stated in this Agreement, there shall be no abatement of rent and no liability of the Sublessor by reason of any injury to or interference with the Sublessee's business arising from making of any repairs, alterations or improvements to any portion of the building used by or the Tenant as clean Premises or to fixtures) appurtenances and safe as possible; and (d) promptly notify equipment. The Sublessee waives the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time right to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment Sublessor's expense under any law, statute or apartment complex unless approved ordinance now or hereafter in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacateseffect.

Appears in 1 contract

Samples: Commercial Sublease (Ibs Interactive Inc)

Repairs and Maintenance. The 15.01 Tenant shall (a) take good care of the Apartment and all equipment and fixtures in it; (b) Demised Premises. Tenant, at its expense, but subject to the provisions of Section 11.03, shall promptly make all necessary repairs repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and replacements whenever about the need results from Demised Premises and the Building, as shall be required by reason of (i) the performance or existence of Tenant's act Work or Tenant's Changes, (ii) the installation, use or operation of Tenant's Property in the Demised Premises, (iii) the moving of Tenant's Property in or out of the Building, or (iv) the misuse or neglect of Tenant or any of its employees, agents or contractors; but Tenant shall not be responsible for any of such repairs as are required by reason of Landlord's neglect or other fault in the manner of performing any of Tenant's Work or Tenant's Changes which may be undertaken by Landlord for Tenant's account or are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or contractors. Except if required by the neglect or other fault of Landlord or its employees, agents or contractors, Tenant’s family members, guestsat its expense, visitors but subject to the provisions of Section 11.03, shall replace all materially damaged or contractors (if consented to by Landlord); (c) keep broken doors or other glass in or about the Apartment Demised Premises and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing all repairs, maintenance and replacement of wall and floor coverings in the Landlord Demised Premises and, for the cost repair and maintenance of any repairs that are not "normal wear and tear" all lighting fixtures therein. All repairs, any such costs except for emergency repairs, made by Tenant as provided herein shall be considered additional rent; (e) shall not attach to, hang from performed by contractors or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless subcontractors approved in writing by Landlord prior to commencement of such repairs, which approval shall not be unreasonably withheld, conditioned or delayed. In the event that Landlord fails to respond to Tenant within ten (10) business days with respect to a representative request for approval of the Landlord. If Tenant contracts for any such services without written consent of the Landlorda contractor or subcontractor, Tenant shall be wholly responsible for send to Landlord a notice (hereinafter referred to as the payment for any such service and "ADDITIONAL NOTICE") which shall hold the state that unless Landlord harmless against any claim made by a contractor who performs any such service at responds to the request for approval of such contractor or subcontractor within five (5) days after receipt of the Tenant. Tenant shall also be responsible for returning the apartment back to its original conditionAdditional Notice, Landlord's approval of such contractor or else subcontractor shall be liable deemed granted and, in the event Landlord fails to the respond to such Additional Notice within five (5) days of receipt thereof, Landlord for the costs incurred for the Landlord will be deemed to do so after Tenant vacateshave approved such contractor or subcontractor.

Appears in 1 contract

Samples: Bolt Inc

Repairs and Maintenance. The Tenant shall (a) take agrees that, at its expense, it will keep and maintain the Premises, including any altered, rebuilt, additional or substituted buildings, structures or other improvements thereto, in good care of the Apartment repair and all equipment and fixtures in it; (b) appearance. Tenant will promptly make all necessary structural and nonstructural, foreseen and unforeseen, ordinary and extraordinary changes, repairs and replacements whenever of any kind which may be required to be made to keep and maintain the need results from Premises in such good condition, repair and appearance. During the Tenant's act term of neglect or the neglect of Tenant’s family membersthis Lease, guests, visitors or contractors (if consented Tenant shall keep in full force and effect a management agreement substantially identical to by Landlord); (c) that attached as Exhibit "C". Tenant will keep the Apartment Premises orderly and free and clear of rubbish. Tenant covenants to perform or observe all terms, covenants or conditions of maintenance agreements to which it may at any time be a party or to which the Premises are subject, including any and all protective covenants. Tenant shall, at its expense, use its best efforts to enforce compliance by any other part of person or party subject to any maintenance agreement benefiting the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairPremises. Landlord shall have a reasonable amount of time not be required to maintain, repair or rebuild or to make repairsany alterations, replacements or renewals of any nature to the Premises, or any part thereof, whether ordinary or extraordinary, structural or nonstructural, foreseen or not foreseen or to maintain the Premises or any part thereof in any way. Tenant hereby expressly waives the right to make repairs at the expense of Landlord which may be provided for in any law in effect at the time of the commencement of the Term or which may thereafter be enacted. Tenant shall be responsible for reimbursing not injure the Landlord for the cost of any repairs that are not "normal wear Premises and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on permit waste to the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the LandlordPremises. If Tenant contracts does not commence any repairs required hereunder within ten (10) days after Landlord's written demand, or adequately complete such repairs within a reasonable time thereafter, Landlord may, in addition to any other remedy hereunder, make the repairs without liability for any loss that may occur to Tenant's business, and if Landlord makes such services without written consent of the Landlordrepairs, Tenant shall be wholly responsible for pay as Additional Rent the cost thereof together with interest from the date of payment for any such service and shall hold the by Landlord harmless against any claim made until paid by Tenant at a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable rate equal to the Landlord for lesser of: 1) eighteen percent (18%) per annum; or 2) the costs incurred for the Landlord to do so after Tenant vacateshighest rate permitted by law.

Appears in 1 contract

Samples: Management Agreement (Lakes Gaming Inc)

Repairs and Maintenance. Resident agrees to pay the Owner for the loss, damage, government fines, reasonable cost of repairs, maintenance or any injury, defacement and damage to the premises, fixtures, and appliances therein, caused by the Resident, his family, guests or invitees, ordinary wear excepted. The Tenant shall Owner is not liable for, and the Resident must pay for repairs, replacement costs, and damage to the following if occurring during the lease term or renewal period: (a1) take good care of the Apartment and all equipment and fixtures in itdamage to doors, windows, or screens; (b2) promptly make all necessary damage from windows or doors left open and (3) damage from wastewater stoppages caused by improper object in lines exclusively serving your residence. We may require advance payment for repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used for which you are liable. Delay in demanding sums you owe is not a waiver by the Tenant as clean Owner of its right to demand and safe as possible; and (d) promptly notify collect such sums. Owner shall not be responsible for goods, services, or repairs, which are made by or ordered by Resident without the Landlord when there are conditions which need repairOwner’s written approval. Landlord Owner shall have a reasonable amount of time in which to make repairsrepairs and perform maintenance due to ordinary wear and tear which Owner deems necessary. Tenant Owner shall have the right to temporarily turn off equipment and interrupt utilities to avoid damage to property or to perform repairs or maintenance which require such interruption, whether or not such repairs or maintenance were requested by Resident. Prompt payment of rent shall not xxxxx during time of repair. Resident shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall maintenance of: (1) HAVC filter(s) – to be considered additional rentreplaced monthly; (e2) shall not attach tolight bulbs; (3) batteries; (4) cleaning and vacuuming out under the refrigerator; (5) testing the smoke detectors; (6) spraying for bugs; (7) periodically using a drain cleaner to keep lines open; (8) clearing and cleaning of exterior walk-ways, hang from or place anything on the railings of the patio or deckdriveway and patio; and ( f (9) Tenant agrees not to install any partition wallsdamages caused by Resident. No outside contractor is authorized Should Owner be required to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlordthese routine maintenance items, Tenant shall charges will be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable incurred to the Landlord for Resident and chargeable with the costs incurred for the Landlord to do so after Tenant vacatesnext month’s lease payment.

Appears in 1 contract

Samples: Lease Agreement

Repairs and Maintenance. The Tenant shall (a) take good care Lessee agrees to accept the demised premises in the physical order and condition existing on the date of commencement of the Apartment term of this Lease and all equipment Lessee shall, except as specified in Sections 39 and fixtures in it; (b) promptly 40 below, throughout the term hereof, at Lessee's sole expense, make all necessary repairs or appropriate repairs, replacements and replacements whenever renewals, interior and exterior, structural and non-structural, foreseen and unforeseen, ordinary and extraordinary, required to keep and maintain the need results from demised premises and all systems, equipment and apparatus appurtenant thereto, or used in connection therewith, including the Tenant's act of neglect or loading docks, dock area and related equipment, in good order and condition, with the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part express exception of the building used roof, exterior support walls, load bearing walls and buried pipes which shall be the sole responsibility of Lessor, and Lessee shall return the demised premises to Lessor in such good order and condition at the expiration of this Lease, ordinary wear and tear not caused by the Tenant as clean negligence of Lessee, or those employed or acting for Lessee, alone excepted. Any repairs, replacements and safe as possible; renewals and/or labor or materials performed and/or furnished in, on or about the demised premises shall be performed or furnished in strict compliance with all applicable laws, regulations, ordinances and (d) promptly notify requirements of all duly constituted municipal authorities or other governmental bodies having jurisdiction, and the Landlord when there are conditions which need repairrequirements of any Board of Fire Underwriters having jurisdiction. Landlord shall have a reasonable amount of time to make repairs. Tenant Lessee at its sole cost and expense, shall be responsible for reimbursing the Landlord for its snow removal, unless Lessee shall choose to use Lessor's snow removal contractor, in which case Lessee shall pay forty-three percent (43%) of the cost of any repairs that are not "normal wear and tear" repairs, any such costs all snow removal for the Property. 38 HVAC MAINTENANCE Lessee shall be considered additional rent; responsible to keep the heating, ventilation and air-conditioning system presently in the demised premises in good operating order, and Lessee agrees to take out and maintain in full force and effect, throughout the term of this Lease and any extension or renewal thereof, a standard maintenance contract for said HVAC system, providing a minimum of two (e2) shall inspections per year, at its own cost and expense. Any and all repairs and/or maintenance requirements for said HVAC system not attach to, hang from or place anything on the railings included as part of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant standard maintenance contract shall be wholly the responsibility of Lessor. If, however, Lessee installs any additional HVAC equipment in the demised premises, Lessee shall be solely responsible for the payment for any maintenance, repair and replacement of such service additional equipment, which shall be Lessee's property and shall hold the Landlord harmless against any claim made may be removed by a contractor who performs any such service Lessee at the request termination of the Tenant. Tenant shall also be responsible for returning the apartment back to its original conditionthis Lease, or else shall be liable provided that Lessee repairs all damage incident to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesinstallation and removal of same.

Appears in 1 contract

Samples: 6 Lease Agreement (Holts Cigar Holdings Inc)

Repairs and Maintenance. The Tenant Subtenant shall (a) take maintain the Premises in a clean, safe, operable, and good care condition, and shall not permit or allow to remain any waste or damage to any portion of the Apartment and all equipment and fixtures in it; (b) promptly Premises. At Subtenant’s expense, Subtenant shall make all necessary repairs and replacements, as and when needed to preserve the Premises in good working order and condition, including without limitation the Base Building Systems located within the Premises. Subtenant shall keep and maintain Subtenant’s Property in good working order and condition. Subtenant shall not be required to make any structural repairs or structural replacements whenever to the need results from Premises; provided however that if any such structural repairs or replacements to the Tenant's act Premises, or if any repairs or replacements to the Common Areas shall be necessitated or caused by the acts, omissions or negligence of neglect Subtenant or any of Subtenant’s Representatives, or by the neglect use or occupancy or manner of Tenant’s family members, guests, visitors use or contractors (if consented to by Landlord); (c) keep the Apartment and any other part occupancy of the building used Premises by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord Subtenant or Subtenant’s Representatives, then Sublandlord shall have make such repairs or replacements within a reasonable amount of time to make repairs. Tenant after notice from Subtenant, and Subtenant shall be responsible for reimbursing the Landlord reimburse Sublandlord for the cost of any repairs that are not "normal wear same as Additional Rent. Subtenant shall repair or replace, subject to Sublandlord’s direction and tear" repairssupervision, any damage to the Building caused by a Subtenant’s Representative. If Subtenant fails to make such costs repairs or replacements within fifteen (15) days after the occurrence of such damage, then Sublandlord may make the same at Subtenant’s cost. If any such damage occurs outside of the Premises, then Sublandlord may elect to repair such damage at Subtenant’s expense, rather than having Subtenant repair such damage. The cost of all maintenance, repair, or replacement work performed by Sublandlord under this section shall be considered additional rent; paid by Subtenant to Sublandlord within twenty (e20) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so days after Tenant vacatesSublandlord has invoiced Subtenant therefor.

Appears in 1 contract

Samples: Sublease (Synacor, Inc.)

Repairs and Maintenance. The Except for the obligations of Landlord set forth in Section 6.03, Tenant, at its sole cost and expense, shall keep, manage and maintain all portions of the Premises in a first class manner. Tenant’s obligations under this Article apply to all interior and exterior areas of the Premises, all structural and non-structural elements, and include, but are not limited to, heating, air conditioning and ventilating systems, plumbing and electrical systems, communications systems and elevators. Tenant’s obligations to maintain the Premises under this Article shall include the obligation to repair, restore and replace elements of the Premises from time to time in order to keep the Premises in a first class condition. Tenant shall maintain a schedule outlining expected future repairs, replacements and capital improvements for the Premises and the timeframe in which such matters are expected to be accomplished (athe “Repair, Replacement and Capital Improvement Schedule”) take good care in accordance with Section 7.03. As a helpful reference, an Anticipated Future Average Useful Life Schedule is attached hereto as Exhibit CE 6 – Anticipated Future Average Useful Life Schedule attached to the Affiliation Agreement, as the same may be amended from time to time, and which is incorporated by reference herein. Tenant’s obligations under this Article shall apply to all maintenance matters, ordinary and extraordinary, and foreseen and unforeseen. Any repairs performed by Tenant shall be at least equal in quality and class required for the original Work. Tenant shall manage and maintain the Premises as would a prudent owner and shall not commit, or allow any of its employees, tenants, visitors, invitees or other occupants of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever Premises to commit, any waste or any nuisance on the need results from the Tenant's act of neglect Premises, or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and permit any other part of the building Premises to be used by for any dangerous, obnoxious or offensive trade or business, and shall not permit any damaged structures to remain on the Tenant Premises for any unreasonable period of time. Except as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. set forth in Section 6.03, Landlord shall have a reasonable amount of time no obligations with respect to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from management or place anything on the railings maintenance of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesPremises.

Appears in 1 contract

Samples: Lease Agreement

Repairs and Maintenance. The Tenant shall (a) take good care of the Apartment Lessee, at its sole cost and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family membersexpense, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing al repairs to, cleaning, and maintenance of the Landlord interior of the leased premises which shall include the walls, ceiling, floor, doors, windows and other usable space occupied by the Lessee. Lessee shall be responsible for normal maintenance for the heating, air-conditioning and plumbing systems serving the leased space. Lessee agrees to pay up to the sum of $2,000.00 per year for each year during the term of the Lease or any renewal term for any repairs required to the leased premises, including, not limited to, repairs necessary for the proper functioning of the plumbing, heating and electrical systems serving the leased premises. In the event, during the initial term of this Lease or during any renewal term, there occurs a major breakdown of the air-conditioning unit or the heating unit serving the leased premises, and, as a result, the cost to repair said unit exceeds the replacement cost of a new unit, the Lessor may, at Lessor's option, elected to purchase and install a new unit for the leased premises. In the event the Lessor elects to purchases and install a new unit, the Lessee agrees to reimburse the Lessor for a portion of the cost of said replacement based on the useful life of the unit, as determined by its manufacturer, and the number of years remaining under the term of the lease and any repairs renewal term. (For illustration purposes only, assume at the time of the unit's breakdown, the cost of a replacement unit is $1,000.00, that there are not two years remaining under the term, and that the useful life of the unit is 10 years - Lessee shall then be required to pay the sum of $200.00 toward the cost of the replacement unit.) The Lessee accepts said premises "normal as is" in its present physical condition, subject to the improvements to be made to the premises by the Lessor and the Lessee, and agrees to surrender up the said premises upon the termination of this Lease in the same condition as upon the date of delivery of the premises, reasonable wear and tear" repairs, any such costs tear accepted. Lessor shall be considered additional rent; (e) shall not attach to, hang from or place anything on keep the railings common areas and the exterior of the patio or deck; building, and ( f ) Tenant any parking areas in good repair such that the building is maintained in a substantially similar condition as other professional office space in the area. Lessee agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable pay to the Landlord for Lessor it's portion as a percentage of space occupied of the costs incurred for by the Landlord Lessor to do so after Tenant vacatesmaintain the common areas in the building and the exterior of the premises, not to exceed $ N/A , per year.

Appears in 1 contract

Samples: Lease Agreement (Eltrax Systems Inc)

Repairs and Maintenance. The Tenant During the Lease Term, Tenant, at its sole cost and expense, shall (a) take good care keep and maintain the Premises and all of the Apartment improvements now or hereafter located on the Premises and all equipment additions thereto, in good, first class, attractive and fixtures in it; (b) promptly safe condition and repair and shall make all necessary repairs repairs, replacements and replacements whenever renewals, whether structural or non-structural, foreseen or unforeseen, ordinary or extraordinary, in order to maintain such state of repair and condition; it being the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part intention of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. parties that Landlord shall have a no liability for any of the foregoing, that Landlord shall obtain possession of the improvements at the end of the Lease Term, and that the improvements will be in good repair and condition at said time, reasonable amount wear and tear excepted and insured casualty loss excepted. During the Lease Term, Tenant shall also be responsible, at Tenant’s sole cost and expense, for the maintenance, repair and replacement of time to make repairsthe Premises, including, without limitation, all buildings, HVAC, windows and plate glass, wiring, plumbing, roadways, driveways, parking areas, landscaping, sidewalks, fencing, lighting, retention areas, drainage and utility facilities and other improvements located on, in, or under the Premises. Tenant Tenant, at Tenant’s expense, shall be responsible for reimbursing all improvements, additions, alterations, maintenance, and repairs necessary or appropriate such that the Premises and all improvements thereon are in compliance with the ADA. In the event Tenant neglects said responsibilities as listed above, Landlord may, at its sole discretion, make the necessary repairs and maintenance to the Premises and charge the costs associated therewith to Tenant, which sums shall be payable as Additional Rent. Without limiting the generality of the foregoing, Tenant shall, at its expense, contract with a professional HVAC contractor reasonably acceptable to Landlord for the cost maintenance and repair of any repairs that are not "normal wear and tear" repairsall HVAC components, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything including for purposes of ensuring proper seasonal preventive maintenance on the railings of the patio or deck; heating, ventilating and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlordair conditioning systems, Tenant shall be wholly responsible for the payment for any such service and shall hold the provide a report to Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenantshowing compliance with this requirement. Tenant shall also be responsible for returning the apartment back provide to its original conditionLandlord a copy of such agreement (and replacement agreements from time to time as entered) when entered, and written notice of termination or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesdefault under such agreement.

Appears in 1 contract

Samples: Suit Lease and Option

Repairs and Maintenance. The Tenant Lessee shall (a) take good care of maintain the Apartment Leased Premises in good, first class condition and all equipment and fixtures in it; (b) promptly shall make all any necessary repairs and replacements whenever or replacements. To reach this state of repair, the need results from Lessee will perform the Tenant's act of neglect or various maintenance tasks according to good practice. It will provide the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep Lessor with periodical maintenance reports in accordance with the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairschedule set out in Exhibit 3. Landlord shall have a reasonable amount of time to make repairs. Tenant The Lessee shall be responsible for reimbursing all repairs and replacements, even those other than leasehold repairs (including repairs arising out of a force majeure event or normal wear), with the Landlord exception of major repairs as defined in Articles 605 and 606 of the Belgian Civil Code, which are the responsibility of the Lessor, unless they can be attributed to the Lessee. The Lessor shall, however, carry out the major repairs occasioned by stability problems of the building, or required to prevent stability problems of the building, as well as major repairs to the roof and the HVAC installation. The Lessor may order the Lessee, by registered letter, to make any repairs or replacements that s/he deems necessary. In such cases (and unless the Lessee challenges the reasonableness of the required work), the Lessee agrees to proceed to effect (have effected) the tasks in a timely manner, and to complete them, to a degree reasonable for the cost Lessee, within two months following the sending of the written notice. Should the Lessee fail to make the repairs or replacements as requested, the Lessor is entitled to proceed with the works him/herself at the Lessee’s expense and risk. Throughout the entire term of this lease agreement, the Lessee shall not be entitled to any compensation or abatement of rent while construction, repairs or improvements are being carried out, even if they take longer than 40 days to complete. Subject to the Lessee’s being notified at least 24 hours in advance of the planned visit, except in emergencies, the Lessor, his/her authorized representatives and any building contractors(s) hired by the Lessor shall have the right to enter the Leased Premises for inspection purposes and/or to carry out any repairs deemed appropriate by the Lessor, even if these repairs relate to a neighboring tenant. This English translation has been provided as a convenience and should be used for reference purposes only. In the event of a dispute, the French and Dutch versions remain the authoritative texts. The Lessor may have all installations checked each year by an expert of his/her choice. The Lessee shall allow the expert to enter the Leased Premises and to access the installations. The Lessee shall also satisfy any request for information by the expert, such as invoices, maintenance contracts, log books, etc. The Lessee shall be given a copy of the expert’s report, for informational purposes only, with no admission of liability on the Lessor’s part. The Lessee agrees to strictly adhere to the recommendations contained in the expert’s report. The Lessee shall inform the Lessor promptly and by registered letter of any repairs that which are not "normal wear and tear" the Lessor’s responsibility. In the absence of such notification, the Lessee shall be held liable for any deterioration or consequential damage resulting therefrom. Once the Lessor has been duly notified of his/her responsibility to complete certain repairs, any such costs shall be considered additional rent; (e) s/he agrees to take all necessary measures to carry them out promptly, and to act with the customary due diligence. The Lessor shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts be held liable for any such loss or damage that the Lessee may sustain or incur by reason of an interruption in the use of building services without written consent of for reasons beyond the LandlordLessor’s control, Tenant shall be wholly responsible for provided that the payment for any such service and shall hold the Landlord harmless against any claim made by Lessor has taken all reasonable steps to keep these services in good working order or to restore them after a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, failure or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesinterruption.

Appears in 1 contract

Samples: Warehouse Lease Agreement (Skechers Usa Inc)

Repairs and Maintenance. The Tenant shall 15.01 Tenant, at its sole cost and expense, (a) take shall maintain in good care working order and condition, and shall repair promptly, the floors, ceilings, interior walls, and doors of the Apartment and all equipment and fixtures in it; Premises, (b) shall maintain in good working order and condition all other portions of the Premises, and the fixtures, equipment and appurtenances therein, including all Building systems and equipment therein that have been installed or modified in any way by or on behalf of Tenant or any other Tenant Party, and (c) promptly shall make all nonstructural repairs to all of the foregoing as and when needed to preserve the Premises (and all such fixtures, equipment and appurtenances) in good working order and condition, except for reasonable wear and tear and damage by casualty or condemnation. Furthermore, and notwithstanding anything in this Sublease to the contrary, Tenant, at its sole cost and expense, shall maintain in good working order and condition, repair promptly, all devices, systems, equipment and installations, whether located inside or outside the Premises and regardless of the nature of such repairs, that exclusively service the Premises (including the Supplemental HVAC Units, the Roof Installations, the Tenant’s Generator Equipment and the Tenant’s Signs), as 111 may be required by applicable Legal Requirements and as may be otherwise required solely to maintain such devices, systems, equipment and installations in good working order and condition. (Except as otherwise provided in the succeeding sentence, the preceding sentence shall not apply to the Building’s risers, exterior windows, electrical closets, standpipes, sprinkler system outside the Premises or the Building HVAC Systems.) Notwithstanding anything in this Sublease to the contrary, but subject to the provisions of Section 11.03 hereof, Tenant, at its sole cost and expense, shall promptly make all necessary repairs Alterations and replacements whenever repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the need results from Premises and the Tenant's act Building, as shall be required by reason of neglect (i) the performance or the neglect existence of Tenant’s family membersWork or Tenant’s Alterations, guests(ii) the installation, visitors use or contractors operation of Tenant’s Property in the Premises or the installation, use or operation of the Roof Installations, (if consented to by Landlord); iii) the moving of Tenant’s Property in or out of the Building, (civ) keep the Apartment and negligence or willful act of, or omission by, Tenant or any other part Tenant Party, (v) the use of any portion of the building used Premises for a use that is not permitted under this Sublease, or (vi) a default under any of the terms, covenants or conditions in this Sublease on Tenant’s part to observe, perform or comply with. In addition, and notwithstanding anything in this Sublease to the contrary, Tenant, at its sole cost and expense, shall promptly make all repairs of any nature, to all devices, systems, equipment and installations, whether located inside or outside the Premises that are installed by or on behalf of Tenant or any other Tenant Party. Notwithstanding the foregoing, to the extent that Tenant as clean is obligated to perform any Structural Alterations or structural repairs to any portion of the Premises or other portion of the Building or is obligated to perform any Alterations or repairs outside of the Premises, Landlord, at its election, upon notice to Tenant, may perform such Alterations or repairs on Tenant’s behalf in the event of an emergency or if Tenant fails to commence or diligently pursue such work to completion within any applicable notice and safe as possible; cure period set forth in this Sublease, in which event, Tenant shall reimburse Landlord for the reasonable and actual out-of-pocket costs paid or incurred by Landlord to perform such Alterations or repairs within thirty (d30) promptly notify days after Landlord’s request therefor, which request shall be accompanied by a reasonably detailed description of the Landlord when there are conditions which need repairrepairs in question and reasonable evidence supporting the costs thereof. Landlord shall have a reasonable amount of time to make repairs. Tenant Tenant, at its sole cost and expense, shall be responsible for reimbursing all repairs, maintenance and replacement of interior doors, walls and wall and floor coverings, signs, window treatments and window shades in the Landlord Premises and, for the cost repair and maintenance of any repairs that are not "normal wear and tear" repairs, any such costs all lighting fixtures therein. Nothing contained in this Section 15.01 shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) require Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at repairs to the Apartment or apartment complex unless approved in writing by a representative Premises which, pursuant to the express provisions of the Section 15.02, are Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back ’s obligation to its original conditionperform, or else shall be liable to repair the property of any person (other than Tenant or any other Tenant Party) to the Landlord for extent the costs incurred for need to repair such property results from the Landlord to do so after Tenant vacatesnegligence or willful act or omission of Landlord.

Appears in 1 contract

Samples: Attornment Agreement (Jetblue Airways Corp)

Repairs and Maintenance. The Tenant shall (a) take good care Unless otherwise expressly provided, Lessor shall not be required to make any improvements, replacements or repairs of any kind or character to the Premises during the term of this Lease. Notwithstanding the foregoing, Lessor acknowledges and agrees that it shall be solely responsible for the repair and maintenance of all structural elements of the Apartment building, including, but not limited to the floor slab, exterior and all other load bearing walls and roof thereof as well as the underground components of all utility systems serving the Premises. In addition, Lessor acknowledges and agrees that it shall maintain such components of the building for which it is responsible hereunder and all Common Areas in accordance with the standards then applicable to other similarly situated first-class office buildings in the Durham, North Carolina area. Lessor shall not be liable to Lessee, except as expressly provided in this Lease, for any damage or inconvenience, and Lessee shall not be entitled to any abatement or deduction of rent by reason of any repairs, alterations or additions made by Lessee under this Lease, provided same are conducted in such a manner so as to minimize any interference with Lessee’s business operations. Lessee will be required to maintain and repair all damage to each and every part of the Premises, which are not the responsibility of Lessor hereunder including without limitation, the water apparatus, HVAC, electric lights or any other fixtures, appliances or appurtenances of the Premises such as walls, doors, corridors, windows and other structures and equipment within and fixtures in it; (b) promptly make all necessary repairs and replacements whenever serving the need results from Premises, unless the Tenant's act of neglect same are necessitated by Lessor’s negligence or the neglect negligence of Tenant’s family members, guests, visitors its agents or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions in which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant event Lessor shall be responsible for reimbursing the Landlord repair thereof). Lessee shall enter into and keep in force throughout the term of the Lease a maintenance/service contract with respect to the HVAC system and, at Lessor’s request, shall submit proof of such contract. Notwithstanding the foregoing, or any other provision contained herein to the contrary, Lessor acknowledges and agrees that Lessee’s responsibility with respect to the HVAC system serving the Premises shall be limited to the maintenance of the required service contract and for repairs required thereto costing less than $750.00 per occurrence. Lessor acknowledges and agrees that it shall be solely responsible for any repairs or replacements required to the HVAC system costing in excess of $750.00 per occurrence. Lessee agrees to keep the Premises trash-free and to pay the cost of trash and debris removal as related to Lessee’s operation. Lessee agrees to use a trash removal service designated by Lessor (provided same is competitively priced) and Lessee shall be billed directly for such service. Lessee shall remove all liens of record that may result from Lessee’s performance of any repairs or maintenance required under this Paragraph 9 and shall make all such repairs and perform all such maintenance in a good and workmanlike manner. Lessee agrees that are not "normal wear all such repair and tear" repairs, any such costs maintenance work shall be considered additional rent; (e) shall in compliance with federal, state and local law, including, but not attach limited to, hang from or place anything on the railings Americans with Disabilities Act (the “ADA”). Notwithstanding any other provision contained herein to the contrary, Lessor represents and warrants to Lessee that as of the patio or deck; Commencement Date and ( f for a period of sixty (60) Tenant agrees days thereafter, all utility systems serving the Premises, including, but not limited to install any partition wallsthe HVAC system shall be in good working order. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative In addition, Lessor represents and warrants that as of the LandlordCommencement Date the building and Premises shall comply in all material respects with all laws, rules and regulations governing the same including, but not limited to the ADA. If Tenant contracts for any such services without written consent Furthermore, in addition to Lessor’s obligations elsewhere in this Lease, Lessor shall at Lessor’s sole cost and expense, and with reasonable diligence perform all the following repairs or improvements: (a) repairs which are required as a result of latent or hidden defects present in the Premises as of the LandlordCommencement Date, Tenant shall be wholly responsible for the payment for (b) any such service and shall hold the Landlord harmless against repairs or improvements which are necessary to comply with any claim law, ordinance, order or restriction now or hereafter imposed by any federal, state or local government or governmental body, exclusive of any repair or improvement made by necessary solely as a contractor who performs any such service at the request result of Lessee’s use of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesPremises.

Appears in 1 contract

Samples: Commercial Lease Agreement (Adherex Technologies Inc)

Repairs and Maintenance. The Tenant shall (a) take Tenant shall maintain the Leased Premises in good care condition, normal wear and tear excepted, in a manner comparable to other theater facilities of comparable size and age in the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect same or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairscomparable markets. Tenant shall be responsible liable for reimbursing all repairs, replacements and maintenance, ordinary and extraordinary, and shall keep the Landlord for the cost of any repairs that are not "Leased Premises in good order and repair (normal wear and tear" tear excepted), clean, sanitary and safe. Such repairs, any such costs replacements and maintenance shall include but not be considered additional rentlimited to its heating and cooling equipment; (e) shall not attach toother equipment; fixtures; improvements; floor covering; the exterior and interior portions of all doors, hang from or place anything on the railings of the patio or deckdoor locks, security gates, and windows; plumbing and sewage facilities; walls; ceilings; and ( f ) all plate glass. Tenant further agrees not to install any partition walls. No outside contractor is authorized paint the Leased Premises when necessary in order to perform any services maintain at the Apartment or apartment complex unless approved in writing by all times a representative of the Landlordclean and sightly appearance. If Tenant contracts for refuses or neglects to make repairs and/or maintain the Leased Premises, or any such services without written consent of the part thereof, in a manner reasonably satisfactory to Landlord, Landlord shall have the right, upon giving Tenant reasonable written notice, with opportunity to cure, of its election to do so, to make repairs or perform such maintenance on behalf of and for the account of Tenant. In such event, Landlord's reasonable out of pocket expenses shall be wholly responsible paid for by Tenant as additional rent promptly upon receipt of a xxxx therefor. Nothing herein shall imply any duty on Landlord to do any work under this Lease or which, under any provisions of this Lease, Tenant may be required to perform; and, the payment for any such service and performing thereof by Landlord shall hold not constitute a waiver of Tenant's default in failing to perform the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenantsame. Tenant shall also be responsible for returning the apartment back indemnify Landlord against, and hold it harmless from, any claims, demands, actions against Landlord or losses or damages incurred by Landlord, arising out of or in any way connected with Tenant's failure to perform its original conditionobligations or observe any covenants under this ARTICLE 11, except arising from Landlord's negligence or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacateswillful misconduct.

Appears in 1 contract

Samples: Master Lease (Carmike Cinemas Inc)

Repairs and Maintenance. The 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building (including water tightness thereof) and Project, including, without limitations, roofing and covering materials, foundations, exterior walls, the plumbing, fire sprinkler system (if any), heating, ventilating, air conditioning, elevator, and electrical systems thereof (and the full cost thereof shall be included as a part of Operating Expenses as provided in Article 7), unless such maintenance or repairs are required in whole or in part because of any act, neglect, fault of or omissions of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant shall (a) take good care pay to Landlord the cost of the Apartment such maintenance and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant Notwithstanding anything to the contrary 21 25 set forth elsewhere in this Lease, Landlord, at its sole cost and expense and not as an Operating Expense, shall be responsible for reimbursing maintaining the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings structural integrity of the patio or deck; roof, the exterior walls and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative floor slabs of the LandlordBuilding. If In the event that Tenant contracts desires to independently arrange for any such certain services without written consent of the Landlordotherwise furnished by Landlord (other than landscaping), Tenant shall give notice to Landlord of such desire and, subject to Landlord's approval, which approval shall not be wholly responsible for unreasonably withheld, Tenant may make such arrangements in which event Tenant shall pay the payment for entire cost therefor directly to the provider thereof and no costs associated with any such service and shall hold be included in Operating Expenses. In the event Landlord harmless against any claim made by a contractor who performs approves of any such service at arrangement, Landlord reserves the right to monitor the work or services provided by any such provider. Upon request of by Landlord in the Tenant. event that Landlord is dissatisfied with a provider or with the work or services provided, Tenant shall also be responsible for returning the apartment back terminate any such arrangements provided that Tenant shall have no less than forty five (45) days following receipt of Landlord's request to its original conditioneffect such termination. In addition, or else upon request by Landlord Tenant shall be liable promptly furnish to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatescopies of all documents, contracts, work orders and other instruments executed in connection with any such arrangement.

Appears in 1 contract

Samples: Gene Logic Inc

Repairs and Maintenance. The 17.01. Upon substantial completion of Landlord's Work, Tenant and Landlord shall (a) have a "walk through" of the Demised Premises to confirm that Landlord's Work has been substantially completed in accordance with Exhibit C. Tenant shall, throughout the Term, take good care of the Apartment Demised Premises, the fixtures and all equipment appurtenances therein, and fixtures shall not do, suffer, or permit any waste with respect thereto. Except as provided for in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family membersParagraph 17.02, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" all repairs, any such costs shall be considered additional rent; interior and exterior, structural and nonstructural, ordinary and extraordinary, in and to the Demised Premises, the Building and the Land (e) shall not attach to, hang from or place anything on including the railings of the patio or deck; facilities and ( f ) Tenant agrees not to install any partition wallssystems thereof). No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the LandlordIn addition, Tenant shall be wholly responsible for the payment for any such service keep and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request maintain all interior portions of the TenantDemised Premises including, without limitation, all building equipment, windows, doors, loading bay doors and shelters, plumbing and electrical systems, heating, ventilating and air conditioning ("HVAC") systems in a clean and orderly condition. The phrase "keep and maintain" as used herein includes repairs, replacement and/or restoration as appropriate. Tenant shall paint the exterior of the Building during the first year of each Extended Period (as hereinafter defined). Tenant shall also remove all debris from the roof and gutters two (2) times per year during the months of November and March. Provided Tenant complies with such obligation, all repairs to the roof shall be Landlord's responsibility. Should any roof failure not be corrected by Landlord within ten (10) business days of receipt of written notice from Tenant, notifying Landlord of such failure, Tenant shall have the right to undertake such repairs, at Landlord's expense, provided such repair work is undertaking in compliance with any applicable guaranties. Tenant shall not permit or suffer the over-loading of the floors of the Premises beyond Two Hundred Fifty (250) pounds per square foot. Tenant shall promptly replace all scratched, damaged or broken doors and glass in and about the Demised Premises and shall be responsible for returning all repairs, maintenance and replacement of wall and floor coverings in the apartment back Demised Premises and for the repair and maintenance of all sanitary and electrical fixtures and equipment therein. Tenant shall promptly make all repairs in or to its original conditionthe Demised Premises for which Tenant is responsible, and any repairs required to be made by Tenant to the mechanical, electrical, sanitary, heating, ventilating, air-conditioning or else other systems of the Building shall be liable performed by contractor(s) designated by Landlord or by Tenant's own duly qualified technicians. All work shall be completed in a good and workmanlike manner in compliance with all Legal Requirements. Any other repairs in or to the Building and the facilities and systems thereof for which Tenant is responsible shall be performed by Landlord for the costs incurred for the at Tenant's expense; but Landlord may, at its option, before commencing any such work or at any time thereafter, require Tenant to furnish to Landlord such security, in form (including, without limitation, a bond issued by a corporate surety licensed to do so after Tenant vacatesbusiness in New Jersey) and amount, as Landlord shall deem necessary to assure the payment for such work by Tenant.

Appears in 1 contract

Samples: Styrochem International LTD

Repairs and Maintenance. The Tenant Lessor shall maintain the kitchen equipment, foundation, exterior walls (awith the exception of glass; windows; doors; door closure devices; window and door frames; molding; locks and hardware) take good care and exterior painting or other treatment of exterior walls, and the roof of the Apartment and all equipment and fixtures leased Premises in it; (b) promptly good repair except that the Lessor shall not be required to make all necessary any repairs and replacements whenever the need results resulting from the Tenant's act negligence or acts of neglect or negligence on the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part behalf of the building used by the Tenant as clean Lessee, its staff, employees, sublessees, licensees and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairconcessionaires. Landlord shall have a reasonable amount of time to make repairs. Tenant The Lessee shall be responsible for reimbursing maintenance of the Landlord common areas and common area equipment and furnishings. Any such repairs and/or maintenance in which the Lessor would be responsible, the Lessee agrees to provide Lessor with written notice of the needed repairs and/or maintenance, and Lessor shall ensure that any repairs and/or maintenance shall be made and completed within a reasonable time frame. Lessee shall notify the Lessor of any emergency repairs to be made. Lessee shall keep the interior of the leased Premises in good, clean and workable condition and shall, at its sole expense, make all needed repairs and replacements, including replacement of cracked or broken glass, windows, doors, door closure devices, door and window frames, molding, locks and hardware, except for repairs and replacements required to be made by the Lessor under this section. In the event that any repairs required to be made by the Lessee hereunder are not made within 60 days after written notice delivered to the Lessee by the Lessor, the Lessor shall reserve the right and option to make or have said repairs made without liability to the Lessor for any loss or damage which may result by reason of such repairs, and that Lessee shall pay to the Lessor, upon demand as additional rent hereunder, the cost of any such repairs that are not "plus. At the termination of this Lease, Xxxxxx shall deliver the leased premises in good order and condition, normal wear and tear" repairstear excepted. Normal wear and tear means the deterioration which results from normal use and not as an act of carelessness, any such costs shall be considered additional rent; (e) shall not attach toneglect, hang from accident or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesabuse.

Appears in 1 contract

Samples: Lease Agreement

Repairs and Maintenance. The Tenant shall (ai) take keep the Premises and Personalty in as good care order and repair as same were delivered in at the Commencement Date, reasonable wear and tear and repairs which are not Tenant's responsibility hereunder excepted, including performing all necessary daily clean-up and maintenance of the Apartment and all equipment and fixtures in itthereof; (bii) promptly make all necessary repairs and replacements whenever to the need results from Premises as needed that are the result of the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part use of the building used by the Tenant as clean and safe as possiblePremises; and (diii) not commit waste of any nature. Tenant, at its sole cost and expense, shall maintain snow removal responsibility for the areas immediately adjacent to the entrances to the Premises and the Parking Lot. Subject to its obligations under Section 3.03, under no circumstances shall Landlord be responsible for the timely opening of the school operated by Tenant on the Premises. If repairs or replacements of a capital nature (as defined under generally accepted accounting principles, consistently applied) are required, Landlord shall undertake same at its sole cost and expense promptly notify upon Tenant's request. For avoidance of doubt, capital expenditures shall include maintenance, repair and/or replacement of the roof and boiler, structural repairs and replacements to the Premises and repairs and replacements to the major mechanical systems servicing the Premises including, without limitation, HVAC, Plumbing, Electric and Sprinkler systems. Further, Landlord when there are conditions which need repairshall be responsible, at its sole cost and expense, for landscaping and maintenance to all exterior common areas on the Land. Except in the event of an emergency, Tenant may not make any repairs without notice to Landlord and the approval of the Diocese of Metuchen College of Consultors. Landlord shall have a exercise reasonable amount care in the conduct of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear its repair and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable replacement obligations with respect to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesPremises in accordance with this Section 3.03.

Appears in 1 contract

Samples: Lease

Repairs and Maintenance. The Tenant shall (a) take good care Landlord agrees that it shall at all times, at its sole cost and expense, keep the roof of the Apartment Building and the structural walls (excluding windows, window glass, plate glass and all equipment doors), the structural floors, the structural beams/columns of the Building, and fixtures the foundation of the Building in it; (b) good repair and condition, reasonable wear and tear and any damage caused by Tenant or Tenant's employees, officers, servants, agents, contractors, subcontractors, assignees, sublessees, licensees or invitees or persons employed by any of them excepted. If any exterior glass is destroyed or displaced as a result of a defect in the structure of the Building or as a result of needed maintenance or repairs to the structure of the Building, then Landlord shall, at its expense, repair or replace any such exterior glass as needed. In addition, Landlord agrees that it shall at all times, keep the Common Areas in good repair and condition, reasonable wear and tear excepted, and will promptly make all repairs thereto which may be necessary repairs during the Term of this Lease. Tenant agrees that the costs associated with the immediately preceding sentence shall be included in CAM Charges and replacements whenever paid by Tenant to Landlord as set forth in Section 4 above and subject to the need results from limitations set forth in Section 4 above. In addition, subject to the Tenant's act provisions of neglect or Exhibit "B" attached hereto, prior to the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part date on which Landlord delivers possession of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Premises to Tenant, Landlord shall have a reasonable amount test and evaluate the HVAC systems of time the Building and cause such HVAC system to make repairsbe in good working order prior to such date. Except as specifically set forth herein, Tenant shall be responsible for reimbursing all other maintenance, repair and replacements required to the Premises and in connection with the Premises. Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Tenant for any damage or inconvenience, and Tenant shall not be entitled to any abatement or reduction of rent, by reason of any repairs, alterations or additions made by Landlord for the costs incurred for the Landlord to do so after Tenant vacatesunder this Lease.

Appears in 1 contract

Samples: Lease Agreement (Serologicals Corp)

Repairs and Maintenance. The Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair, damage thereto from causes beyond the control of Tenant (and not caused by any act or omission of Tenant's agents, officers, employees, contractors, servants, invitees, licensees or guests) and ordinary wear and tear excepted. If Tenant does not make such repairs, Landlord may make such repairs and replacements, and Tenant shall pay Landlord the costs thereof upon receipt of a statement therefor. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, ordinary wear and tear and damage from causes beyond the control of Tenant (aand not caused by any act or omission of Tenant's agents, officers, employees, contractors, servants, licensees, invitees or guests) take good care excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Apartment Premises or the Building except as specifically herein set forth. Notwithstanding the provisions hereinabove, Landlord shall repair and all equipment maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating, and fixtures electrical systems installed or furnished by Landlord, unless such maintenance or repairs are caused in it; (b) promptly make all necessary repairs and replacements whenever part or in whole by the need results from act, neglect, fault or omission of any duty by the Tenant's act of neglect , its agents, officers, employees, contractors, servants, licensees, invitees or the neglect of Tenant’s family members, guests, visitors in which case Tenant shall pay to Landlord the reasonable cost of such maintenance or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairrepairs. Landlord shall have a reasonable amount of time not be liable for any failure to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from repairs or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at maintenance for which Landlord is responsible as provided above unless such failure shall persist for an unreasonable time after the Apartment or apartment complex unless approved in writing by a representative written notice of the need of such repairs or maintenance is given to Landlord by Tenant and is due solely to causes within Landlord's reasonable control. If Tenant contracts Actual notice shall not be a substitute for written notice hereunder. In any such services without written consent event there shall be no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the LandlordBuilding or the Premises or in or to fixtures, Tenant shall be wholly responsible for the payment for any such service appurtenances and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenantequipment therein. Tenant shall also waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect. Landlord may enter the Premises at all reasonable times to make any repairs Landlord deems necessary or desirable or as Landlord may be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord required to do so after Tenant vacatesby any governmental authority. 14.

Appears in 1 contract

Samples: Sse Telecom Inc

Repairs and Maintenance. The 15.01 Tenant shall maintain the Demised Premises (aincluding Tenant’s equipment, personal property and trade fixtures located in the Demised Premises) take in their condition at the time they were delivered to Tenant, reasonable wear and tear excluded. Tenant shall, at Tenant’s sole cost and expense, make all interior repairs to the Demised Premises as and when needed to preserve the Demised Premises in good care of the Apartment condition and all equipment and fixtures in it; (b) working order, damage from casualty excepted. Tenant, at its expense, shall promptly make all necessary repairs repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and replacements whenever about the need results from Demised Premises and the Tenant's act Building, as shall be required by reason of neglect (i) the performance or the neglect existence of Tenant’s family membersWork or Tenant’s Changes, guests(ii) the installation, visitors use or contractors operation of Tenant’s Property in the Demised Premises, (if consented to by Landlord); (ciii) keep the Apartment and any other part moving of Tenant’s Property in or out of the building used Building, or (iv) the negligence or willful act of Tenant or any of its employees, agents or contractors; but Tenant shall not be responsible for any of such repairs as are required by reason of Landlord’s negligence or other fault in the manner of performing any of Tenant’s Work or Tenant’s Changes which may be undertaken by Landlord for Tenant’s account or are otherwise required by reason of negligence or other fault of Landlord or its employees, agents or contractors. Except if required by the Tenant as clean negligence or other fault of Landlord or its employees, agents or contractors, Tenant, at its expense, shall replace all scratched, damaged or other glass in or about the Demised Premises and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing all repairs, maintenance and replacement of interior doors and wall and floor coverings in the Landlord Demised Premises and, for the cost repair and maintenance of any repairs that are not "normal wear and tear" all lighting fixtures therein. All repairs, any such costs except for emergency repairs, made by Tenant as provided herein shall be considered additional rent; (e) shall not attach to, hang from performed by contractors or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless subcontractors approved in writing by a representative Landlord prior to commencement of the Landlord. If Tenant contracts for any such services without written consent of the Landlordrepairs, Tenant which approval shall not be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, unreasonably withheld or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesdelayed.

Appears in 1 contract

Samples: Lease (Boomerang Systems, Inc.)

Repairs and Maintenance. The Tenant shall (a) take TENANT will, at TENANT's sole cost and expense, keep the Demised Premises in good care repair and tenantable condition during the term of this Lease. The repair and maintenance of the Apartment whole of the Demised Premises, including without limitation, the nonstructural interior portions of the Demised Premises; including storefronts, windows, doors, floor covering, plumbing, ventilation, heating and air conditioning systems, shall be the sole responsibility of the TENANT at the TENANT's expense. The TENANT will, at the termination of this Lease, by lapse of time or otherwise, surrender the Premises in the same condition as when received, reasonable wear and tear excepted, and shall surrender all keys for the Premises to LANDLORD. TENANT shall remove all its trade fixtures leased equipment and fixtures in it; (b) promptly make all necessary repairs any alterations or improvements which LANDLORD requests to be removed before surrendering the Premises as aforesaid and replacements whenever shall repair any damage to the need results from Premises caused thereby. Notwithstanding the Tenantforegoing, however, TENANT shall not be required to remove improvements of a permanent nature such as walls, partitions, carpeting and painting, TENANT's act of neglect obligation to observe or perform this covenant shall survive the neglect of Tenant’s family members, guests, visitors expiration or contractors (if consented to by Landlord); (c) keep the Apartment and any other part termination of the building used term of the Lease. The TENANT shall at its own cost and expense, enter into an annual contract for regularly scheduled preventive maintenance and repair, with a licensed maintenance contractor approved by the LANDLORD, for servicing and repair of all heating and air conditioning systems and equipment serving the Premises. Not later than thirty (30) days following the commencement of this Lease and annually thereafter, TENANT shall furnish to LANDLORD a copy of the air conditioning maintenance contract described above and proof that the annual premium for the maintenance has been paid. Notwithstanding the above, TENANT may alternatively maintain the heating and air conditioning systems servicing the Premises through employees of Tenant as clean who are licensed to maintain such systems. The service contract must include all services suggested by the equipment manufacturer. The maintenance contractor shall keep a detailed record of all services performed on the Premises and safe as possible; prepare a yearly service report to be furnished to the TENANT and (d) promptly notify the Landlord when there are conditions which need repairLANDLORD at the end of each calendar year. Landlord The LANDLORD may, but shall have not be required to, upon notice to the TENANT, elect to enter into such maintenance/service contract on behalf of the TENANT or perform the work itself, and in either case, charge TENANT therefore, together with a reasonable amount charge of time overhead. The LANDLORD agrees to make repairs. Tenant shall be responsible for reimbursing repair and maintain in good order and condition the Landlord for roof, roof drains, exterior walls, parking lots, landscaping, exterior lighting and the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings structural integrity of the patio or deck; interior and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative exterior of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesPremises.

Appears in 1 contract

Samples: Lease Agreement (Jabil Circuit Inc)

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