Common use of Repairs and Maintenance Clause in Contracts

Repairs and Maintenance. It is the responsibility of the Tenant(s) to notify the Landlord 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 the 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 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 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.

Appears in 5 contracts

Samples: Residential Lease Agreement, Residential Lease Agreement, Residential Lease Agreement

AutoNDA by SimpleDocs

Repairs and Maintenance. It is (a) Except for the responsibility obligations of Landlord pursuant to Section 9(b) of this Lease and except as caused by the Tenant(s) to notify the negligence or willful misconduct of Landlord immediately of any needed or its agents, contractors, servants, invitees or employees or Landlord’s default hereunder, Tenant shall keep, maintain, and repair or unsafe condition existing around or in the Premises including but not limited cause to cracks in the foundation, cracks in plaster, moisture in walls be repaired 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 Landlordmaintained, at the Landlord’s its sole cost and expense, except those caused by negligence the Premises, including, without limitation: HVAC, mechanical and electrical equipment and all systems in or acts of Tenant(s)serving the Premises, Tenant’s agentsthe Utility Infrastructure, or inviteesthe Critical Fixtures and Equipment, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original parking areas, sidewalks, roadways and landscaping, in good repair and condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs and appearance, normal wear and tear itemsexcepted, and shall make all repairs and replacements which may be required to be made in order to keep and maintain the Premises, including without limitation, the adage “you broke it you pay Utility Infrastructure and Critical Fixtures and Equipment, in as good repair and appearance as they were when originally delivered to fix it” applies Tenant, except for ordinary wear and tear and subject to the Tenant(sprovisions of Section 13 and Section 14 hereof, and 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 in accordance with customary standards for first-class data centers. (b) Subject to the provisions of Section 13 and Section 14 hereof, Landlord shall make all necessary roof repairs and structural repairs to the Premises including those repairs and replacements necessary to keep the roof, exterior walls, foundation and structural frame of the Premises in good order and repair and perform such repairs in accordance with customary standards for first-class data centers. Landlord shall initiate all such repairs promptly and to remedy any condition requiring repair by Landlord with due diligence. (c) If Tenant shall be in default under any of the provisions of this Section 9, Landlord may, after thirty (30) days written notice to Tenant and failure of Tenant to cure during said period unless such default is of such a nature that it applies during tenancy cannot with reasonable diligence be cured within said period, then the cure period shall be extended by such period as well may be required with the application of reasonable diligence to cure the default, but without notice in the event of an emergency, do whatever is necessary to cure such default as may be appropriate under the circumstances for the account of and at the end expense of tenancyTenant. If an emergency exists, Landlord shall use reasonable efforts to notify Tenant of the situation by phone or other available communication before taking any such action to cure such default. All reasonable sums so paid by Landlord or Tenant, as applicable, and all reasonable costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) so incurred, together with interest at the Lease Default Rate from the date of payment or incurring of the expense, shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand. (d) If Landlord shall be in default under any of the provisions of this Section 9, Tenant may, after thirty (30) days written notice to Landlord and failure of Landlord to cure during said period unless such default is of such a nature that it cannot with reasonable diligence be cured within said period, then the cure period shall be extended by such period as may be required with the application of reasonable diligence to cure the default, but without notice in the event of an emergency, do whatever is necessary to cure such default as may be appropriate under the circumstances for the account of and at the expense of Landlord. If an emergency exists, Tenant shall use reasonable efforts to notify Landlord of the situation by phone or other available communication before taking any such action to cure such default. All reasonable sums so paid by Tenant and all reasonable costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) so incurred, together with interest at the Lease Default Rate from the date of payment or incurring of the expense, shall constitute amounts payable by Landlord under this Lease and shall be paid by Landlord to Tenant on demand. (e) Without limiting the generality of the foregoing, Tenant shall additionally perform, at its cost and expense, all maintenance, repair, and replacement obligations hereunder relating to any of the Building’s systems, the Building’s elevators, the Utility Infrastructure, or the Critical Fixtures and Equipment. In addition, if a Tenant(s) calls in connection with Tenant’s maintenance, repair, and replacement obligations under this Lease, Tenant shall at its own cost and expense enter into regularly scheduled preventative maintenance service contracts, with vendors, approved by Landlord, in its reasonable discretion, for maintenance for which no servicing all Building systems, Utility Infrastructure, elevators, and Critical Fixtures and Equipment. Tenant shall cause such maintenance is needed contracts to designate Landlord a third (false call)3rd) party beneficiary, Tenant(s) will be charged for with the service call. Any repairs, including labor, materialright to receive all notices delivered under such contracts, and parts used, which are the responsibility ability to exercise Tenant’s rights thereunder upon Tenant’s default under this Section 9 or upon Tenant’s default under an applicable maintenance contract. (f) In the event of an emergency adversely affecting the structure of the Tenant(s)Premises, must be pre-approved in writing by the Landlord. Landlord Tenant shall be the sole judge as make all reasonable efforts to what repairs are necessary. Landlord shall have 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 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 notify the inform Landlord of the condition emergency. If Tenant is unable to make contact with Landlord or allow Landlord does not, within a reasonable amount of time, take actions necessary to end such emergency, Tenant may take the minimum steps reasonably necessary to end the emergency at Landlord’s expense. All reasonable sums paid by Tenant in taking such actions as are permitted by the provisions of Section 9(f) above shall be paid by Landlord access to within thirty (30) days after receipt of Tenant’s demand therefor. After the Premises for purposes emergency has ended, any repair required of the repair. Before exercising any of the remedies Landlord under this Lease shall be made by Landlord in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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 terms of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk repair required of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas Tenant under this Lease shall be damaged made by fire, rain, wind, or other cause beyond Tenant in accordance with the control terms 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawLease.

Appears in 5 contracts

Samples: Lease Agreement (Savvis Communications Corp), Lease Agreement (Savvis Communications Corp), Lease Agreement (Savvis Communications Corp)

Repairs and Maintenance. It is 18.1. Landlord shall repair and maintain the responsibility structural and exterior portions and Common Area of the Tenant(s) Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; base Building plumbing; base Building fire sprinkler systems (if any); base Building HVAC systems up to notify the Landlord immediately of any needed repair first damper or unsafe condition existing around or in isolation valve that serves the Premises (for purposes of clarity, the portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises, and any supplemental HVAC serving the Premises shall not be part of the base Building HVAC and shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); elevators; and base Building electrical systems installed or furnished by Landlord. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises (including but not limited to cracks the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises) and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the foundationexpiration or sooner termination of the Term, cracks sun-ender the Premises to Landlord in plasteras good a condition as when received, moisture ordinary wear and tear excepted and with the Tenant Improvements in walls substantially the same condition as existed on the date the Tenant Improvements were completed; and ceilingshall, buckling sheetrock or sidingat Landlord’s request and Tenant’s sole cost and expense, or remove all telephone and data systems, wiring and equipment from the Premises, and repair 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 Premises 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 the 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 necessarythereby. Landlord shall have no obligation to repair alter, remodel, improve, repair, decorate or paint the Premises or any defective conditionpart thereof, nor shall any defense or remedy be available other than pursuant to the Tenant(s), where terms and provisions of the defective condition complained Work Letter. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of was caused by the Tenant, Xxxxxxneed of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s family, invitee, licenseeexpense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or other shall be authorized to be made, Tenant shall afford to the person acting under the control causing or direction of the Tenant(s)authorized to cause such excavation, or where the Tenant unreasonably fails license to notify the Landlord of the condition or allow the Landlord access to enter the Premises for purposes the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises Building 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, the rent shall cease until such time as the Premises 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 endProject. In the eventevent of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the damage is caused event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there Landlord pursuant to this Article 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawconstitute Operating Expenses.

Appears in 4 contracts

Samples: Lease (Erasca, Inc.), Lease Agreement (Erasca, Inc.), Lease (Erasca, Inc.)

Repairs and Maintenance. It is (a) Should it become necessary during the responsibility Term hereof to repair the structure of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises Building, including but not limited to cracks in the foundationroof, cracks in plasterexterior walls, moisture in walls floor slab, windows, and ceiling, buckling sheetrock or siding, exterior doors 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 portion of the LandlordBuilding systems, the Lessor shall make such repairs at the Landlord’s its sole cost and expense, except those caused within a reasonable time after notice to do so by Lessee, unless such repairs are required as the result of the gross negligence or acts willful misconduct of Tenant(s)Lessee, Tenant’s agentsand in this event, or invitees, which such necessary repairs shall be made by Lessee at its expense. (b) Lessee shall keep 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 repairsPremises, including laborall equipment, materialin good condition and repair and in a good, clean and parts used, which are safe condition at all times during the 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 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 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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 Term of this Lease and tenancy. Tenant(sreturn the same to the Lessor at any termination hereof in as good condition and state of repair as the same are in as of the commencement of the Term hereof, except for loss or damage occasioned by reasonable wear and tear or excepted perils as hereinafter defined. (c) In the event that during the Term hereof any alteration, addition, or other change to the Premises, or any portion thereof, is required to be made by the enactment, amendment or repeal of any statute, ordinance, rule or regulation, or by the rendering of any judicial or administrative decision, then and in that event: (i) if such alteration, addition or change is required solely by reason of the manner or mode or character of Lessee's use of the Premises, Lessee shall have the right to terminate this Lease by giving notice to Lessor, in which case this Lease shall terminate as of the date that is sixty (60) days after the date of such notice is given; if Lessee shall not permit elect to terminate this Lease, Lessee shall make such alteration, addition or change at Lessee's expense and in compliance with the terms of this Lease; (ii) if said alteration, addition or change is required for any act reason, including, but not limited to, a structural defect in or thing deemed hazardous other condition relating to the Premises which was in existence as of the date hereof, then said alteration, addition or change shall be made and paid for by Landlord due Lessor. (d) Lessor, its agents and representatives, may enter upon the Premises at any reasonable time and without unreasonably interfering with Lessee's business, after 24 hour advance notice to potential risk Lessee, emergencies excepted, for the purpose of fire or which will increase inspecting the rate same. (e) Notwithstanding the foregoing provisions, if Lessee has actual knowledge of insurance on said Premises. In case any condition reasonably requiring any repair to the Premises or surrounding areas shall be damaged by firerequiring the performance of any other act, rain, wind, and a delay in the performance thereof may result in material loss 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture Lessee shall have the right, at its option, to make such repairs or perform such act promptly without obtaining Lessor's prior approval if otherwise required hereunder. Lessee shall as soon as practicable thereafter notify Lessor of the facts and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will entitled to be no rent reductionsreimbursed promptly for all its reasonable costs incurred in connection therewith, adjustments, or other compensation due provided it is not Lessee's responsibility under this Lease to repairs or interruptions of service except as provided by lawmake said corrections.

Appears in 3 contracts

Samples: Purchase Agreement (Liberty Corp), Purchase Agreement (Hipp W Hayne), Purchase Agreement (Royal Bank of Canada)

Repairs and Maintenance. It is 19.1 Landlord shall repair and maintain the responsibility structural and exterior portions and Common Areas of the Tenant(s) to notify Building and the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including Project, including, without limitation, roofing and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevators, and electrical systems (including, but not limited to cracks in to, the foundation, cracks in plaster, moisture in walls emergency generator and ceiling, buckling sheetrock any other UPS systems serving the Building) installed or siding, or any leaksfurnished by Landlord. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage Any costs related to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises repair or maintenance activities specified in this Section 19.1 shall be done by or under included as a part of Operating Expenses (subject to the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(sexclusions set forth in Article 10), unless such repairs or maintenance is required in whole or in part because of any act, neglect, fault or omissions of Tenant’s , its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance. 19.2 Except for services of Landlord, if any, required by Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below, Tenant shall be made at the Tenant’s sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of and expense maintain and keep the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal and every part thereof in good condition and repair, damage thereto from ordinary wear and tear itemsexcepted. Tenant shall, upon 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 the responsibility expiration or sooner termination of the Tenant(s)Term, must be pre-approved surrender the Premises to Landlord in writing as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by the Landlord. Landlord shall be the sole judge as to what repairs are necessary’s insurance excepted. Landlord shall have no obligation to repair alter, remodel, improve, repair, decorate or paint the Premises or any defective conditionpart thereof except as provided in Section 19.1 of this Lease. 19.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an obligation of Landlord unless such failure shall persist for an unreasonable time (but not to exceed 30 days) after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 19.4 Repairs under this Article 19 that are obligations of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses, nor except as otherwise provided in this Article 19 and in Article 10. 19.5 This Article 19 relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project and any related facilities. In the event of fire, earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage or destruction, Article 25 shall apply in lieu of this Article 19. 19.6 If any defense excavation shall be made upon land adjacent to or remedy under the Building, or shall be available authorized to be made, Tenant shall afford to the Tenant(s)person causing or authorized to cause such excavation, where the defective condition complained of 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 license to notify the Landlord of the condition or allow the Landlord access to enter the Premises for purposes the purpose of performing such work as said person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same as long as such actions do not interfere with Tenant’s Permitted Use and occupancy 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.

Appears in 3 contracts

Samples: Lease (Tocagen Inc), Lease (Tocagen Inc), Lease (Tocagen Inc)

Repairs and Maintenance. It is Except to the responsibility extent any of the Tenant(s) following is Xxxxxxxx’s obligation pursuant to notify Section 4[A], Tenants shall keep the Landlord immediately interior, non-structural portions of any needed repair or unsafe condition existing around 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 make all necessary repairs and renewals upon Premises and replace broken fixtures with material of the same size and quality as that broken. If, however, the Premises including but shall not limited to cracks thus be kept in good repair and in a clean condition by Tenants, as aforesaid, Landlord may enter the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or sidingsame, 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, servants or inviteesemployees, which repairs shall be made at without such entering causing or constituting a termination of this Agreement or an interference with the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition possession of the Premises by Tenants, and Landlord may replace the same in the same condition of repair and cleanliness as existed at the time date of execution hereof, and Tenants agree to pay Landlord, in addition to the Tenant(s) took possessionrent hereby reserved, the expenses of Landlord in thus replacing the Premises in that condition. Although Tenants shall not cause or permit any waste, misuse or neglect of the water, or of the water, gas or electric fixtures. Tenants will also be in compliance with all laws and regulations during the entire term of this Agreement, except for repairs required of the Landlord repairs normal wear to be made 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 the 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 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 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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 damage occasioned by fire, rain, wind, hurricane 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except causes as provided by lawfor in this Agreement.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

Repairs and Maintenance. It is (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the responsibility Term of this Lease, shall keep and maintain the Premises in good order and condition (reasonable wear and tear excepted), free of accumulation of dirt and rubbish. Landlord shall, upon written notice from Tenant, promptly make all repairs to the Premises (except for any Alterations made by Tenant to the Base Building Specifications) necessary to keep and maintain such good order and condition and shall charge Tenant by invoice for the cost of such repairs at Landlord’s standard rates (such rate to be competitive with the market rate for such services). Such charges shall be considered Additional Rent and shall be payable by Tenant within thirty (30) days of delivery of an invoice. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Tenant(sPremises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to notify the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord immediately shall have no responsibility to make any repairs unless and until Landlord receives written notice of any needed the need for such repair or unsafe condition existing around Landlord has actual knowledge of the need to make such repair. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or in the Premises including but not limited to cracks in the foundationProject and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, cracks in plasteragent, moisture in walls and ceiling, buckling sheetrock or sidingcontractor, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord invitee 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 Tenant shall be made at the sole cost and expense of the Tenant(s). Such repairs shall be made to conform Tenant, except to the original condition extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for 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 Monday through Friday 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 the 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 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 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 notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies each week in accordance with the Landlord-Tenant Act, Tenant(s) must guidelines as may be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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 set forth by Landlord due from time 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawtime.

Appears in 3 contracts

Samples: Full Service Lease (GMH Communities Trust), Full Service Lease (GMH Communities Trust), Full Service Lease (GMH Communities Trust)

Repairs and Maintenance. It is 18.1. Landlord shall repair and maintain the responsibility structural and exterior portions and Common Area of the Tenant(sBuilding and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to notify Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord immediately Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair 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 Premises 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 the 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 necessarythereby. Landlord shall have no obligation to repair alter, remodel, improve, repair, decorate or paint the Premises or any defective conditionpart thereof, nor shall any defense or remedy be available other than pursuant to the Tenant(sterms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), where afford to the defective condition complained of was caused by the Tenantperson causing or authorized to cause such excavation, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails license to notify the Landlord of the condition or allow the Landlord access to enter the Premises for purposes the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises Building 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, the rent shall cease until such time as the Premises 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 endProject. In the eventevent of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the damage is caused event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there Landlord pursuant to this Article 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawconstitute Operating Expenses.

Appears in 3 contracts

Samples: Lease (Zentalis Pharmaceuticals, Inc.), Lease (Zentalis Pharmaceuticals, LLC), Lease (Zentalis Pharmaceuticals, LLC)

Repairs and Maintenance. It is (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the responsibility Term of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in this Lease, shall keep and maintain the Premises including but not limited in good order and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaksadvise Landlord of Tenant’s desire to have Landlord make such repairs. If Xxxxxx(s) fails to immediately notify requested by Tenant, Landlord of visible problems, which result in damage shall make such repairs to the unitPremises within a reasonable time of notice to Landlord. When used in this Article 14, then Tenant(s) becomes liable for cost of resultant damagethe term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain premises all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be done by or under included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the direction Term of this Lease, shall make all necessary repairs to the Building outside of the LandlordPremises and the common areas, at including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s expenseobligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, except those caused repairs to the Premises, Building or Project and its appurtenant common areas made necessary by negligence a negligent or acts willful act or omission of Tenant(s)Tenant or any employee, Tenant’s agentsagent, contractor, or invitees, which repairs invitee of Tenant shall be made at the sole cost and expense of the Tenant(s). Such repairs shall be made to conform Tenant, except to the original condition extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for 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 Monday through Friday 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 the 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 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 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 notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies each week in accordance with the Landlord-guidelines set forth in Exhibit “D” attached hereto and the Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent pay its Allocated Share of the Landlord. cost thereof as Additional Rent as provided in Article 6 hereof. (h) If written consent is given, such alterations Landlord shall be at the expense fail to perform any of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of its obligations under this Lease and tenancy. Tenant(ssuch failure continues for a period of more than thirty (30) shall not permit any act or thing deemed hazardous by Landlord due to potential risk days after receipt 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, windwritten notice from Tenant specifying such failure, or other cause if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the control of time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired default within a reasonable time at the expense of the Landlord; such thirty (30) day period and in case the damage is so extensive as diligently pursued such efforts to render the Premises unfit for human habitation, the rent shall cease until complete such time as the Premises 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(scure), Tenant may, in addition to any other remedy available at law or someone in or on equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the Premises by reason obligation of Tenant’s permission or consent, there shall be no reduction of rent Landlord specified in such notice and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint deduct such expense from the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawFixed Rent.

Appears in 3 contracts

Samples: Full Service Lease (Research Pharmaceutical Services, Inc.), Full Service Lease (Research Pharmaceutical Services, Inc.), Full Service Lease (Research Pharmaceutical Services, Inc.)

Repairs and Maintenance. It is 18.1. Tenant, at its sole cost and expense, shall maintain and keep the responsibility of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises Premises, all improvements thereon, and all appurtenances thereto, including but not limited to cracks 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 foundationPermitted Use provided, cracks in plasterhowever, moisture in walls and ceilingTenant shall not be required to maintain any of the foregoing to the extent such maintenance is the responsibility of an owners’ association, buckling sheetrock or siding, City of San Diego or any leaksutility provider. If Xxxxxx(s) fails to immediately notify Landlord of visible problemsTenant shall make all repairs, which result in damage to replacements and improvements, including, without limitation, all structural, roof, HVAC, plumbing and electrical repairs, replacements and improvements required, and shall keep the unit, then Tenant(s) becomes liable for cost of resultant damagesame free and clear from all rubbish and debris. All repairs made by Tenant shall be at least equal in quality to the original work, and shall be made only by a licensed, bonded contractor 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 twelve (12) month period. Tenant shall not take or omit to take any action, the taking or omission of which shall cause waste, damage or injury to the Premises, ordinary wear and tear excepted. 18.2. Tenant shall, and shall cause Tenant’s contractors or agents to, maintain the lines designating the parking spaces in good condition and paint the same as often as may be necessary, so that they are discernable at all times; resurface the parking areas as necessary to maintain premises them in good condition; paint any exterior portions of the Building as necessary to maintain them in good condition; maintain the roof and landscaping in good condition; maintain sight screens, barricades or enclosures around any waste or storage areas; and take all reasonable precautions to insure that the drainage facilities of the roof are not clogged and are in good and operable condition at all times; provided, however, Tenant shall not be required to maintain any of the foregoing that are the responsibility of any Governmental Authority or an owners’ association to maintain. 18.3. There shall be done no abatement of Rent and no liability of Landlord by reason of any injury to or under interference with Tenant’s business arising from the direction making of any repairs, Alterations or improvements in or to any portion of the Premises, or in or to improvements, fixtures, equipment and personal property therein unless such damage is caused by Landlord or its agents’ gross negligence or willful misconduct. 18.4. Landlord shall not be required to maintain or make any repairs or replacements of any nature or description whatsoever to the Premises. Except for repairs arising as a result of damage caused by Landlord or its agents’ gross negligence or willful misconduct, Tenant hereby expressly waives the right to make repairs at the expense of Landlord as provided for in any Applicable Laws in effect at the time of execution of this Lease, or in any other Applicable Laws that may hereafter be enacted, and waives its rights under Applicable Laws relating to a landlord’s duty to maintain its premises in a tenantable condition. Notwithstanding the foregoing, if Tenant shall fail during the Term, after reasonable notice, to maintain or to commence and thereafter to proceed with diligence to make any repair required of it pursuant to the terms of this Lease, Landlord, without being under any obligation to do so and without thereby waiving such default by Tenant, may so maintain or make such repair and may charge Tenant for the costs thereof. Any expense reasonably incurred by Landlord in connection with the making of such repairs may be billed by Landlord to Tenant monthly or, at the Landlord’s expenseoption, except those caused by negligence or acts of Tenant(s)immediately, Tenant’s agents, or invitees, which repairs and shall be made due and payable within twenty (20) days after such billing or, at Landlord’s option, may be deducted from the sole cost Security Deposit. 18.5. During the Term, Landlord and Landlord’s agents shall have the reasonable right to enter upon the Premises or any portion thereof for the purposes of performing any repairs or maintenance Landlord is permitted to make pursuant to this Lease, and of ascertaining the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises or whether Tenant is observing and performing Tenant’s obligations hereunder, all without unreasonable interference from Tenant or Tenant’s Agents. Except for emergency maintenance or repairs, the right of entry contained in this paragraph shall be exercisable at reasonable times, at reasonable hours and on reasonable notice in compliance with Section 32.3 hereof, conducted in a manner that protects Tenant’s intellectual property and does not unreasonably interfere with Tenant’s business. 18.6. Tenant shall, upon the time expiration or sooner termination of the Tenant(s) took possession. Although Term, surrender the Premises to Landlord repairs normal in as good of a condition as when received, ordinary 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 the 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 necessarycasualty excepted. Landlord shall have no obligation to repair any defective conditionalter, nor shall any defense remodel, improve, repair, decorate or remedy be available to the Tenant(s), where the defective condition complained of 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 notify the Landlord of the condition or allow the Landlord access to paint the Premises for purposes or any part thereof. 18.7. This Article 18 relates to repairs and maintenance arising in the ordinary course 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part operation 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, the rent shall cease until such time as the Premises 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 endrelated facilities. In the eventevent of fire, the earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage is caused by the act or destruction, Article 22 shall apply in lieu of the Tenant(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawthis Article 18.

Appears in 3 contracts

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

Repairs and Maintenance. It a. Landlord shall, subject to the terms of Section 13 and Section 18 hereof and subject to reimbursement from Tenant’s CAM Payment (as applicable), perform diligently, promptly and in a good and workmanlike manner all maintenance, repairs and replacements to: (i) the structural components of the Building, including without limitation the roof, roofing system, exterior walls, bearing walls, support beams, foundations, columns, exterior doors and windows, and lateral support to the Building; (ii) the roof, roofing system, curtain walls and windows, if required to assure watertightness; (iii) any base building systems (including, without limitation, plumbing, fire sprinklers, heating, ventilation and air conditioning systems; electrical and mechanical lines up to the point of connection to the Premises; (iv) the elevators serving the Building; and (v) any other common areas of the Property and Building. Subject to Tenant’s obligations under this Lease (including, without limitation, pursuant to Section 8 above), Landlord shall maintain the Property in compliance with all Legal Requirements. Tenant shall promptly report in writing to Landlord any defective condition known to Tenant which Landlord is required to repair. b. Tenant at Tenant’s expense but under the direction of Landlord, shall repair and maintain the Premises and the fixtures and appurtenances therein in a first class condition, and keep the Premises in a clean, safe and orderly condition, except to the extent such maintenance is the responsibility of the Tenant(sLandlord pursuant to Section 10(a) to notify above. c. Notwithstanding the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundationforegoing, 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 LandlordTenant’s sole cost and 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 the 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 no obligation the right to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was make all repairs caused by the negligence or misconduct of Tenant, Xxxxxx’s familyits agents, inviteeindependent contractors, licenseerepresentatives, or other person acting under employers, and Tenant shall promptly reimburse Landlord for the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises reasonable costs and expenses 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawrepairs.

Appears in 3 contracts

Samples: Lease Agreement (Pactiv Evergreen Inc.), Lease Agreement (Reynolds Group Holdings LTD), Lease Agreement (Reynolds Consumer Products Inc.)

Repairs and Maintenance. It is (a) Except with respect to Landlord Repairs (as defined below), Tenant, at Tenant’s expense, shall keep and maintain the responsibility interior, nonstructural portions of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe Premises in good order and 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 promptly making all repairs necessary to keep and maintain premises such in good order and condition (other 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) (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 done by or under the direction obligation of Landlord to maintain, repair and/or replace same). When used in this Lease, “repairs” shall include repairs and any reasonably necessary replacements. For purposes of this Section, “nonstructural portions 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 Premises” shall be made at the sole cost of the Tenant(s). Such repairs shall be made deemed to conform to the original condition exclude, without limitation, all plumbing, electric and HVAC systems, whether located in or outside of the Premises at (except for the time Tenant’s Supplemental HVAC and Premises Hot Water Heaters). Tenant shall have the Tenant(s) took possession. Although the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or advising Landlord repairs normal wear and tear itemsof Tenant’s desire to have Landlord make such repairs, the adage “you broke it you in which case Tenant shall pay to fix it” applies Landlord for such repairs at Landlord’s then-standard rate (such rate to be competitive with the Tenant(s) market rate for such services). To the extent that Tenant requests that Landlord make any other 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 it applies during tenancy as well as Tenant shall pay to Landlord such expense along with the 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 in constructing the end of tenancyBuilding and the Premises. In addition, if Tenant shall maintain, at Tenant’s expense, Tenant’s Supplemental HVAC, and/or Alterations in a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for clean and safe manner and in proper operating condition throughout the service callTerm. Any repairs“Tenant’s Supplemental HVAC” means any supplemental HVAC system serving exclusively the Premises and installed by or on behalf of Tenant after the Commencement Date. “Premises Hot Water Heater” means any hot water heater serving exclusively the Premises, including laborwithout limitation expansion tanks and any associated piping, materialbut excluding the under-sink water heater existing on the date of this Lease. Tenant shall maintain Tenant’s Supplemental HVAC under a service contract with a firm and upon such terms as may be reasonably satisfactory to Landlord, including inspection and maintenance on at least a semiannual basis, and parts usedprovide Landlord with a copy thereof. Within five (5) days after Landlord’s request, which are Tenant shall provide Landlord with evidence that such contract is in place. All repairs to the responsibility Building and/or the Project made necessary by reason of the Tenant(s)installation, must be pre-approved in writing by the Landlord. Landlord maintenance, and operation of Tenant’s Supplemental HVAC, Premises Hot Water Heaters, and Alterations shall be Tenant’s expense. In the sole judge event of an emergency, such as to what repairs are necessary. a burst waterline or act of God, Landlord shall have no obligation the right to repair any defective conditionmake repairs for which Tenant is responsible hereunder (at Tenant’s reasonable cost) without giving Tenant prior notice, nor but in such case Landlord shall any defense provide notice to Tenant as soon as practicable thereafter, and Landlord shall take commercially reasonable steps to minimize the costs incurred. Further, Landlord shall have the right to make repairs for which Tenant is responsible hereunder (at Tenant’s reasonable cost) with prior notice to Tenant if Landlord believes in its sole and absolute discretion that the repairs are necessary to prevent harm or remedy be available damage to the Tenant(s)Building, where and Landlord shall take commercially reasonable steps to minimize the defective condition complained of 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawincurred.

Appears in 2 contracts

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

Repairs and Maintenance. It is the responsibility of the Tenant(s(a) to notify the Landlord 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 LandlordTenant shall, at the LandlordTenant’s sole cost and expense, except those caused by negligence or acts of Tenant(s)maintain the interior, 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 non-structural portions of the Premises at in good, clean and safe condition and repair. Without limiting the time generality of the Tenant(s) took possession. Although foregoing, Tenant shall be solely responsible for maintaining and repairing all fixtures, electrical lighting, ceilings and floor coverings, windows, doors, plate glass, skylights, and interior walls within 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 tenancyPremises. In addition, if a Tenant(s) calls Tenant shall be responsible 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 the responsibility of the Tenant(s), must be pre-approved in writing all repairs made necessary by the Landlord. Landlord shall be the sole judge as to what repairs are necessarynegligence or willful misconduct of Tenant, its employees, agents, contractors or invitees. Landlord shall have no obligation to repair any defective conditionalter, nor shall any defense remodel, improve, repair, decorate or remedy be available paint the Premises except as specifically set forth in this Lease. Notwithstanding anything to the Tenant(s)contrary in this Lease, where under no circumstances shall Tenant make any repairs to the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction structural portions of the Tenant(s)Building, or where the Tenant unreasonably fails to notify the unless such repairs are previously approved in writing by Landlord, in Landlord’s sole discretion. (b) 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations repairing and maintaining the portions of the Premises exterior to the Premises without Building, the written consent structural portions of the Building and the Premises (including, without limitation, the exterior walls and the foundations of the Building), elevators, the roof and sidewalks (including the sidewalks adjacent to the Premises) in good, clean and safe condition and repair. Landlord shall also maintain and repair all landscaping, driveways, parking lots, the underground garage, fences, signs, sidewalks and the Common Areas of the Building, if any, in such condition. Landlord shall be responsible for maintaining and repairing, in good, clean and safe condition and repair, all Building operating systems including, without limitation, the plumbing, heating, electrical, fire life safety, sewer and air conditioning and ventilation systems. The foregoing obligations of Landlord contained in this Section 13(b) are collectively referred to as “Landlord’s Repairs” and shall be included as Operating Expenses except as otherwise provided in Section 7(c). Except as otherwise provided in this Lease, Landlord shall have no liability to Tenant, nor shall Tenant’s obligations under this Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord making any repairs which Landlord is required or permitted by this Lease or by any other tenants’ lease or required by law to make in or to any portion of the Premises; provided, however, that Landlord shall use reasonable efforts to minimize any interference with Tenant’s business at the Premises. If Landlord or Tenant fails to maintain the Premises in good order, condition and repair, Landlord and Tenant, as the case may be, shall give the responsible party thirty (30) days written consent is givennotice to do such acts as are reasonably required to so maintain the Premises. If the responsible party fails to promptly commence such work within such time period and diligently prosecute it to completion, then the other party shall have the right to do such alterations shall be acts and expend such funds at the expense of the Tenant(s) and shall become part of responsible party as are reasonably required to perform such work. Any amount so expended by 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, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent party shall be paid until by the time responsible party promptly after demand with interest at the “Reference Rate” (formerly, “Prime Rate”) then being charged by the San Francisco main office of Bank of America NT & SA plus two percent (2%) per annum, from the date of such destruction and from thenceforth this Lease Agreement shall cease and come work, but not to an end. In exceed the event, the damage is caused by the act of the Tenant(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided maximum amount then allowed by law.

Appears in 2 contracts

Samples: Net Lease Agreement (Confluent, Inc.), Net Lease Agreement (Confluent, Inc.)

Repairs and Maintenance. It is the responsibility of the Tenant(s(a) Landlord shall maintain in good order and repair, subject to notify the Landlord 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 itemsand subject to casualty and condemnation, the adage “you broke it you pay Building (excluding the Demised Premises and other portions of the Building leased to fix it” applies other tenants), the Building parking facilities, the public areas and the landscaped areas. Such maintenance shall be in a manner comparable to other buildings in Wildwood Office Park and shall include, without limitation, the "Maintenance Services", as defined below. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance 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 the responsibility of the Tenant(s), must be pre-approved in writing foregoing necessitated by the Landlordintentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord within fifteen (15) days after demand. Landlord shall not be the sole judge as required to what make any repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available improvements to the Tenant(s), where the defective condition complained of was 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 Tenantscope of their agency or employment. The term Maintenance Services shall include (i) maintaining the exterior walls, Xxxxxx’s familyexterior windows, invitee, licensee, or other person acting under the control or direction exterior doors and roof of the Tenant(s)Building, or where common areas, public corridors, stairs, elevators, storage rooms, restrooms, the Tenant unreasonably fails to notify the Landlord heating, ventilating and air conditioning systems, electrical and plumbing systems of the condition or allow Building, the Landlord access to walks, paving and landscaping surrounding the Premises for purposes Building, (ii) grounds care, including, but not limited to, the sweeping of the repair. Before exercising any walks and parking areas and maintenance of the remedies landscaping in accordance an attractive manner, illumination, snow removal, deicing and lawn care, all consistent with the Landlord-Tenant Actgrounds care of Wildwood Office Park, Tenant(s(iii) must be current general maintenance, including supervision, inspections and management functions as typically carried out in rent. Tenant(sWildwood Office Park, and (iv) shall be responsible extermination and pest control services for all broken glass. Tenant(sthe Building (and common areas herein) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.and

Appears in 2 contracts

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

Repairs and Maintenance. It is the responsibility of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in Tenant shall, at Tenant’s sole expense, keep the Premises including and alterations in good order, condition and repair, including, but not limited to cracks in the foundationto, cracks in plasterall equipment or facilities, moisture in walls such as plumbing, heating, ventilating, air conditioning, electrical lighting, boilers, pressure vessels, fire protection system fixtures, interior and ceilingexterior walls, buckling sheetrock or sidinginterior utility installations, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problemsceilings, which result in damage to the unitfloors, 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 Landlordwindows, at the Landlord’s expensedoors, except those caused by negligence or acts of Tenant(s)glass, Tenant’s agentssignage, or inviteeslandscaping, 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 parking lot 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, materialdriveways, and parts used, which are the 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 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 was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or all other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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, the rent shall cease until such time as the Premises 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(s), or someone facilities located in or on the Premises by reason not the responsibility of Landlord as described in section 6.3. Tenant, in keeping the Premises in good order, condition and repair, shall exercise and perform good maintenance practices including preventative maintenance of the roof and air conditioning systems. Tenant’s obligations shall include maintaining copies of applicable service contracts and providing copies of same to Landlord at Landlord’s request. If Tenant does not make repairs promptly and adequately when required to do so, and such failure or non-performance shall continue for a period of twenty (20) days from the date Landlord notifies Tenant of the need for such repair or repairs, Landlord may, but need not, make such repairs and replacements and Tenant shall pay Landlord, within ten (10) days of written demand, the cost thereof. In no event shall any of Tenant’s permission or consentexpenses under this Section 6.2 constitute an item of Expense under Section 3.5 hereof. Notwithstanding the foregoing, there Tenant’s obligations shall include maintaining service contracts on all HVAC and roof systems, pursuant to which such systems shall be no reduction inspected and properly maintained by outside service providers on a regular and continuous basis during the Term hereof. Upon Landlord’s request, tenant shall furnish Landlord with copies of rent such service contracts and Tenant(s) shall be liable for all costs records of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint maintenance performed by the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawcontractors.

Appears in 2 contracts

Samples: Lease Agreement, Industrial Building Lease Agreement (Entorian Technologies Inc)

Repairs and Maintenance. It is 18.1. Landlord shall repair and maintain the responsibility structural and exterior portions and Common Areas of the Tenant(s) Building and the Project, including, without limitation, roofing and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevators, and electrical systems installed or furnished by Landlord. Any costs related to notify the Landlord immediately repair or maintenance activities specified in this Section 18.1 shall be included as a part of Operating Expenses, unless such repairs or maintenance is required in whole or in part because of any needed repair act, neglect, fault or unsafe condition existing around or in the Premises including but not limited to cracks in the foundationomissions of Tenant, 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 its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall be made at the Tenant’s sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of and expense maintain and keep the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal and every part thereof in good condition and repair, damage thereto from ordinary wear and tear itemsexcepted. Tenant shall, upon 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 the responsibility expiration or sooner termination of the Tenant(s)Term, must be pre-approved surrender the Premises to Landlord in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessarygood of a condition as when received, ordinary wear and tear excepted. Landlord shall have no obligation to repair any defective conditionalter, nor shall any defense remodel, improve, repair, decorate or remedy be available to the Tenant(s), where the defective condition complained of 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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 paint the Premises or surrounding areas any part thereof, other than pursuant to Section 4.2 hereof. 18.3. Landlord shall not be damaged by fire, rain, wind, liable for any failure to make any repairs or other cause beyond the control to perform any maintenance that is an obligation of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. Repairs under this Article 18 that are obligations of Landlord or are subject to allocation among Tenant and other tenants as Operating Expenses, except as otherwise provided in this Article 18. 18.5. This Article 18 relates to repairs and maintenance arising in the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense ordinary course of operation of the Landlord; Building and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction Project and from thenceforth this Lease Agreement shall cease and come to an endany related facilities. In the eventevent of fire, the earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage is caused by the act or destruction, Article 22 shall apply in lieu of the Tenant(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawthis Article 18.

Appears in 2 contracts

Samples: Lease (Receptos, Inc.), Lease (Receptos, Inc.)

Repairs and Maintenance. It is the responsibility of the Tenant(s) to notify the Section 10.1 Landlord 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 Landlordshall, at the Landlord’s expense, except those caused make all structural repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or acts misconduct of Tenant(sTenant, its employees, contractors, agents, subtenants, employees, customers and invitees. Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense. Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s agentsexpense, or inviteessuch repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5). Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the sole cost HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the Tenant(s)HVAC Units and bill Tenant for the charges due under such contract. Such repairs Any such charges shall be made paid by Section 10.5 Subject to conform Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the original condition Building resulting from any act or omission of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear itemsTenant, 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 Xxxxxx’s subtenants, or any of tenancy. In additionTenant’s or subtenants’ employees, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call)agents, Tenant(s) will be charged for the service call. Any repairsemployees, including labor, material, and parts used, which are the 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. invitees or contractors. Section 10.6 Landlord shall have no obligation liability to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s familythe Rent shall not be abated, invitee, licensee, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other person acting under the control work to all or direction of the Tenant(s), or where the Tenant unreasonably fails to notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part portion of the Premises and and/or the OwnerReal Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of Xxxxxx’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 business in 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture Tenant’s Work and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductionsTenant’s Property, adjustments, but Landlord is not required to employ overtime labor or other compensation due to repairs or interruptions of service except as provided by lawincur additional expenses.

Appears in 2 contracts

Samples: Retail Lease, Retail Lease

Repairs and Maintenance. 8.1 By taking possession of the Premises, Tenant shall be deemed to have conclusively agreed to accept the Premises "AS-IS" and as being in the condition in which Landlord is required to deliver the same and otherwise in good order, condition and repair (except for latent defects). Subject to the provisions of Section 22 below, Tenant shall, at all times during the term hereof and at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair. It is understood and agreed that Landlord has no obligation to alter, remodel, improve, repair, decorate or paint the responsibility of the Tenant(s) to notify the Landlord immediately of Premises or any needed repair or unsafe condition existing around part thereof, except as specified in Section 22 below or in the Premises including but not limited Work Agreement, and that no representations relating to cracks the condition of the Premises, the Building or the Project have been made by Landlord (or any employee or agent thereof) to Tenant, except as may be specifically set forth in this Lease. 8.2 Subject to the foundationprovisions of Section 8.1 above and Section 22 below, cracks Landlord shall maintain the common area, the foundation and structural portions of the Building, and the mechanical and electrical systems providing the services and utilities to be furnished by Landlord pursuant to Section 13.1 below, in plastergood order and condition, moisture provided however, if such maintenance and repairs are caused in walls and ceilingwhole or in part by the act, buckling sheetrock or sidingneglect, fault, or omission of any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problemsduty by Tenant, which result in damage to the unitits agents, 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 Landlordservants, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agentsemployees, or invitees, which repairs Tenant shall be made at pay to Landlord the sole reasonable 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 and repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall not be the sole judge as liable for any failure to what make any such repairs are necessary. Landlord or to perform any maintenance unless such failure shall have 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 was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction persist for an unreasonable time after written notice of the Tenant(s), or where the Tenant unreasonably fails to notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time need of such destruction and from thenceforth this Lease Agreement shall cease and come repairs or maintenance is given to an endLandlord by Tenant. In the event, the damage is caused by the act of the Tenant(s), or someone Except as provided in or on the Premises by reason of Tenant’s permission or consentSection 22 hereof, there shall be no reduction abatement of rent and Tenant(s) shall be liable for all costs no liability of repair. Should Landlord notify Tenant(s) by reason of intent any injury to cleanor interference with Tenant's business arising from the making of any repairs, replace carpets alterations or paint improvements in or to any portion of the Building or the Premises, moving furniture or in or to fixtures, appurtenances and wall hangings shall be equipment therein. Tenant waives the duty and right to make repairs at Landlord's expense of the Tenant(s). Tenant(s) understands there will be no rent reductionsunder any law, adjustments, statute or other compensation due to repairs ordinance now or interruptions of service except as provided by lawhereafter in effect.

Appears in 2 contracts

Samples: Lease (Digital Island Inc), Lease (Digital Island Inc)

Repairs and Maintenance. It is (a) Tenant shall keep the responsibility of Premises, including the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or Leasehold Improvements (as defined 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(sSection 9(a)), Tenant’s agentsProperty (as defined in Section 9(b)), or inviteesthe lighting, which repairs shall be made at the sole cost walls ceilings, and floors of the Tenant(s). Such repairs shall be made to conform Premises, the property identified as Tenant’s repair obligation on Exhibit E, and any other equipment which use is dedicated to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal Premises, neat, clean and in good order and condition, reasonable wear and tear items, the adage “you broke it you pay excepted. Tenant shall give Landlord prompt notice of any damage 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 the 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 no obligation to repair any or defective condition, nor shall of which it becomes aware or reasonably should become aware, in any defense part or remedy be available to appurtenance of the Tenant(s)Premises, where the defective condition complained of was caused by the Leasehold Improvements, Tenant, Xxxxxx’s family, invitee, licenseeProperty, or the Building including mechanical, electrical, plumbing, heating, ventilating, air conditioning and other person acting under equipment, facilities and systems located within or serving the control or direction of Building (hereinafter the Tenant(s“Building Systems”), or where the . Tenant unreasonably fails to notify 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 all broken glass. Tenant(s) shall not paintrepairs, re-wallpaperreplacements and alterations in and to the Premises, or otherwise redecorate or make alterations 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 without and for all repairs, replacements and alterations in and to the written consent Building and the Building Systems, the need for which arises out of : (i) Tenant’s use or occupancy of the Landlord. If written consent is givenPremises, 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 and Tenant shall pay Landlord within 10 days of demand the cost therefor plus a 10% Surcharge. Landlord may, before commencing any such work or at the expense of the Tenant(sany time thereafter, require Tenant to furnish to Landlord such security in form (including a bond issued by a surety satisfactory to Landlord) and amount as Landlord shall become part deem reasonably necessary. (b) Tenant shall not place a load upon any floor of the Premises which exceeds the load per square foot which such floor was designed to carry. (c) Tenant shall not install business machines or mechanical equipment which cause unreasonable levels of noise or vibration that may be transmitted to the structure of the Building or that otherwise violate any provision of this Lease. (d) Landlord (except as provided in Section 7(a)) shall, at Landlord’s expense, repair, replace and maintain the external and structural parts of the Building and the Owner’s property upon termination of Building Systems and the Common Areas, and shall perform such repairs, replacements and maintenance with reasonable dispatch, in a good and workmanlike manner. In addition, but notwithstanding anything in this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by to the contrary, 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 fireresponsible (subject to either Tenant's reimbursement obligations or Landlord's right to include the cost in Operating Expenses), rainfor the maintenance, windrepair, or other cause beyond the control replacement and alteration of the property identified as Landlord's repair obligation on Exhibit E attached hereto. (e) Except as provided herein, Landlord or the shall have no liability to Tenant nor shall Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; ’s covenants and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth obligations under this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), be reduced or someone abated in or on the Premises any manner whatsoever by reason of Tenantany inconvenience, annoyance, interruption or injury to business arising from Landlord’s permission making any repairs or consent, there shall be no reduction changes which Landlord is required or permitted by this Lease or by any other tenant’s lease or required by law to make in or to any portion 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 Premises, moving furniture and wall hangings the Project, the Building or the Building Systems. Landlord shall be nevertheless use its best efforts to minimize any interference with Tenant’s business in the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawPremises.

Appears in 2 contracts

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

Repairs and Maintenance. It is the responsibility Landlord’s sole obligations shall be repair, replacement and maintenance of the Tenant(s) to notify the Landlord 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 plasterstructural elements, moisture in walls exterior walls, and ceilingexterior windows of the Property. At Tenant’s expense, 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 Tenant shall perform all other maintenance and repairs necessary to maintain premises 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 (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 equipment and fixtures at the Property, including the heating, ventilation, and air conditioning systems and changing filters for such systems. Tenant shall also repair and be done responsible for the damage caused by stoppage, breakage, leakage, overflow, discharge or under the direction freezing of plumbing pipes, soil lines or fixtures. If any part of the Landlordimprovements is damaged by Tenant, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s employees, agents, or inviteesinvitees or any breaking and entering of said improvements, which 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 previous condition. If Tenant refuses or neglects to commence the sole cost necessary repairs within thirty (30) days after the written demand by Landlord (other than in the case of the Tenant(semergency). Such , 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 fixtures by reason thereof, and if Landlord makes such repairs, Tenant shall be made pay 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 itemsLandlord, on demand, as Additional Rent, the adage “you broke it you cost thereof. Tenant’s failure to pay shall constitute a default under this Lease. Tenant’s failure 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 the 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 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 was caused by the Tenant, Xxxxxx’s family, invitee, licenseegive, or other person acting under the control unreasonable delay in giving, notice of needed repairs or direction of the Tenant(s), or where the defects shall make Tenant unreasonably fails to notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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, the rent shall cease until such time as the Premises 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(s), or 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 any loss or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, damage resulting from delay or other compensation due to repairs or interruptions of service except as provided by lawneeded repairs.

Appears in 2 contracts

Samples: Triple Net Lease Agreement (Viemed Healthcare, Inc.), Triple Net Lease Agreement (Viemed Healthcare, Inc.)

Repairs and Maintenance. It is 19.1. Landlord shall repair and maintain the responsibility structural and exterior portions and Common Areas of the Tenant(sBuilding and the Project, including, without limitation, roofing and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevators, the systems described in Subsections 17.7(a)-(c) from outside the Premises to notify the Landlord immediately border of the Premises, and electrical systems installed or furnished by Landlord. Any costs related to the repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses (subject to Article 10), except to the extent such repairs or maintenance is required because of any needed repair act, neglect, fault or unsafe condition existing around omissions of Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance. 19.2. Except for services of Landlord, if any, required by Section 19.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises including but not limited and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to cracks Landlord in as good of a condition as when received, ordinary wear and tear excepted and subject to the foundationprovisions of this Lease regarding condemnation; and shall, cracks in plasterat Landlord’s request, moisture in walls remove all telephone and ceilingdata systems, buckling sheetrock or sidingwiring and equipment from the Premises, or and repair any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unitPremises caused thereby; provided, then Tenant(s) becomes liable for cost however, Tenant may instead terminate, cut and label both ends of resultant damage. All repairs necessary any such wiring, in which case Tenant shall not be required 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 remove 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 the 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 necessarywiring. Landlord shall have no obligation to repair any defective conditionalter, nor shall any defense remodel, improve, repair, decorate or remedy be available to the Tenant(s), where the defective condition complained of 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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 paint the Premises or surrounding areas any part thereof, other than pursuant to the terms and provisions of this Lease, including the Work Letter. 19.3. Landlord shall not be damaged by fire, rain, wind, liable for any failure to make any repairs or other cause beyond the control to perform any maintenance that is an obligation of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 19.4. Repairs under this Article 19 that are obligations of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses, except as otherwise provided in this Article 19 or Article 10. 19.5. This Article 19 relates to repairs and maintenance arising in the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense ordinary course of operation of the Landlord; Building and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction Project and from thenceforth this Lease Agreement shall cease and come to an endany related facilities. In the eventevent of fire, the earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage is caused by the act or destruction, Article 25 shall apply in lieu of the Tenant(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawthis Article 19.

Appears in 2 contracts

Samples: Lease (Ardelyx, Inc.), Lease (Ardelyx, Inc.)

Repairs and Maintenance. It is 18.1 Landlord shall repair, replace and maintain the responsibility structural and exterior portions of the Tenant(s) Building and Project, including foundations, exterior walls, load bearing walls, windows, plate glass, and roofing, and the mechanical, electrical, plumbing, fire sprinkler, and elevator systems of the Project, subject to notify reimbursement by Tenant as its Pro Rata Share of Operating Expenses to the Landlord immediately extent provided by Section 7.1. However, if such maintenance or repairs are required because of any needed repair act, neglect, fault of or unsafe omissions of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord the entire cost of such maintenance and repairs attributable to Tenant’s act, neglect, fault or omission, unless such maintenance and repairs are covered by insurance carried by Landlord. 18.2 Except as otherwise set forth in Section 18.1, Tenant shall, throughout the term of this Lease, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition existing around and repair. Tenant shall upon the expiration or earlier termination of the term hereof surrender the Premises to Landlord in the Premises including but not limited same condition as when received, ordinary wear and tear and damage from casualty and causes beyond the reasonable control of Tenant excepted. 18.3 Tenant hereby waives Civil Code Sections 1941 and 1942 relating 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 a landlord’s duty to maintain premises shall be done by the Premises in a tenantable condition, and the under said sections or under the direction of the Landlordany law, statute or ordinance now or hereafter in effect to make repairs at the Landlord’s expense, except those caused . 18.4 There shall be no abatement of Rent and no liability of Landlord by negligence reason of any injury to or acts of Tenant(s), interference with Tenant’s agentsbusiness arising from the making of any repairs, alterations or improvements in or to any portion of the Premises, or inviteesin or to improvements, fixtures, equipment and personal property therein, unless such injury or interference is unreasonable or is the result of Landlord’s grossly negligent or willful act or omission. If repairs or replacements become necessary which repairs shall be made at by the sole cost terms 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 this Lease are the responsibility of Tenant and Tenant fails to make the Tenant(s)repairs or replacements, must be pre-approved in writing by the Landlord. after notice from Landlord shall be the sole judge as and opportunity for Tenant to what make such repairs are necessary. or replacements, Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available may do so pursuant to the Tenant(s), where the defective condition complained provisions of 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 notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising Section 24.3. 18.5 Notwithstanding any of the remedies foregoing, in accordance with the Landlord-Tenant Actevent of a fire, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) earthquake, flood, war or other similar cause of damage or destruction, this Article shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises applicable and the Owner’s property upon termination provisions of this Lease Article 22, entitled “Damage or Destruction,” shall apply 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawcontrol.

Appears in 2 contracts

Samples: Lease (Genelux Corp), Lease (Genelux Corp)

Repairs and Maintenance. It is 18.1. Landlord shall repair and maintain the responsibility structural and exterior portions and Common Areas of the Tenant(s) to notify Building and the Landlord 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 repairsProject, including labor, material, roofing and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing covering materials; foundations; exterior walls; and electrical systems installed or furnished by the Landlord. Landlord shall be also maintain a flood mitigation system to facilitate drainage in the parking facilities located in the Common Area. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole judge cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shall hire, at Tenant’s sole cost and expense, (a) a licensed heating, ventilating and air conditioning contractor to regularly and periodically (not less frequently than every three (3) months) inspect and perform required maintenance on the heating, ventilating and air conditioning equipment and systems serving the Premises, and (b) a licensed fire sprinkler contractor to regularly and periodically (not less frequently than every three (3) months) inspect and perform required maintenance on the fire sprinkler equipment and systems serving the Premises. Alternatively, Landlord may, at its election, contract in its own name for such regular and periodic inspections of and maintenance on such heating, ventilating and air conditioning equipment and systems and charge to Tenant, as Additional Rent, the cost thereof. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to what repairs are necessaryLandlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements in substantially the same condition as existed on the Term Commencement Date (subject to ordinary wear and tear); and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to repair alter, remodel, improve, repair, decorate or paint the Premises or any defective conditionpart thereof, nor shall any defense or remedy be available other than pursuant to the Tenant(s)terms and provisions of the Work Letter. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Tenant notifies Landlord that the flood mitigation system at the Project needs improvements or repairs, where Landlord shall use commercially reasonable efforts to prevent flooding at the defective condition complained Project within a reasonable period of was caused by time after receiving such notification. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Tenant, Xxxxxx’s family, invitee, licenseeBuilding, or other shall be authorized to be made, Tenant shall afford to the person acting under the control causing or direction of the Tenant(s)authorized to cause such excavation, or where the Tenant unreasonably fails license to notify the Landlord of the condition or allow the Landlord access to enter the Premises for purposes the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises Building 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, the rent shall cease until such time as the Premises 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 endProject. In the eventevent of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the damage is caused by the act event of the Tenant(seminent domain, Article 25 shall apply in lieu of this Article. 18.6. Except as otherwise set forth in Section 9.1(c), or someone in or on the Premises costs incurred by reason of Tenant’s permission or consent, there Landlord pursuant to this Article 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawconstitute Operating Expenses.

Appears in 2 contracts

Samples: Lease (Ambit Biosciences Corp), Lease (Ambit Biosciences Corp)

Repairs and Maintenance. It is the responsibility Landlord's sole obligations shall be repair, replacement and maintenance of the Tenant(s) to notify the Landlord 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 plasterstructural elements, moisture in walls exterior walls, and ceilingexterior windows of the Property. At Tenant's expense, 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 Tenant shall perform all other maintenance and repairs necessary to maintain premises 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 (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 equipment and fixtures at the Property, including the heating, ventilation, and air conditioning systems and changing filters for such systems. Tenant shall also repair and be done responsible for the damage caused by stoppage, breakage, leakage, overflow, discharge or under the direction freezing of plumbing pipes, soil lines or fixtures. If any part of the Landlordimprovements is damaged by Tenant, at the Landlord’s expenseor Tenant's employees, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or inviteesinvitees or any breaking and entering of said improvements, which 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 previous condition. If Tenant refuses or neglects to commence the sole cost necessary repairs within thirty (30) days after the written demand by Landlord (other than in the case of the Tenant(semergency). Such , 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 fixtures by reason thereof, and if Landlord makes such repairs, Tenant shall be made pay 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 itemsLandlord, on demand, as Additional Rent, the adage “you broke it you cost thereof. Tenant's failure to pay shall constitute a default under this Lease. Tenant's failure 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 the 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 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 was caused by the Tenant, Xxxxxx’s family, invitee, licenseegive, or other person acting under the control unreasonable delay in giving, notice of needed repairs or direction of the Tenant(s), or where the defects shall make Tenant unreasonably fails to notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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, the rent shall cease until such time as the Premises 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(s), or 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 any loss or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, damage resulting from delay or other compensation due to repairs or interruptions of service except as provided by lawneeded repairs.

Appears in 2 contracts

Samples: Triple Net Lease Agreement (Viemed Healthcare, Inc.), Triple Net Lease Agreement (Viemed Healthcare, Inc.)

Repairs and Maintenance. It is (a) Except as specifically otherwise provided in Paragraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the responsibility Term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all repairs necessary to keep and maintain such good order and condition, whether such repairs are interior or exterior, ordinary or extraordinary, foreseen or unforeseen. Tenant shall not use or permit the use of any portion of the Tenant(s) to notify Property for outdoor storage. When used in this Article 8, the Landlord 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 term repairs shall include replacements 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 damagerenewals when necessary. All repairs necessary made by Tenant shall 062113 utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. Tenant shall maintain premises all systems in the Premises. Tenant shall pay all costs of maintenance of all systems in the Premises. Notwithstanding the other provisions of this Lease, Tenant shall not be done by required to make any capital repairs or under capital replacements during the direction final two (2) years of the Lease. (b) Landlord, throughout the Term of this Lease shall, at its sole cost and expense (without pass-through to Tenant) make all necessary repairs to the Landlordroof, floor slab, footings and foundations and the structural steel columns and girders forming a part of the Premises, provided, however, that Landlord shall have no responsibility to make any repair unless and until Landlord receives written notice of the need for such repair. Tenant shall not be required to pay for the cost of all repairs to be performed by Landlord pursuant to this Paragraph (b) as an Operating Expense in accordance with Article 10 or otherwise unless such repair is made necessary because of Tenant’s expense, except those caused by negligence wrongful or negligent acts or omissions or acts and omissions not intended in the design and engineering of Tenant(sthe Building. (c) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the walls, exterior portions of the Premises and the Building, utility lines, plumbing lines, waste lines, fire protection systems, water lines and all equipment and other utility facilities in the Building (exclusive of any of the foregoing which is within the Premises and located above the floor slab), and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and all other exterior improvements and common areas on the Property which serve all of the tenants of the Building (herein collectively the common areas); provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair. Tenant shall pay its proportionate share of the cost of all repairs to be performed by the Landlord pursuant to this Paragraph (c) as an Operating Expense in accordance with Article 10. (d) Landlord shall keep and maintain all common areas of the Property and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its proportionate share of the cost of all work to be performed by Landlord pursuant to this Paragraph (d) as an Operating Expense in accordance with Article 10. (e) Notwithstanding anything herein to the contrary, repairs to the Premises and the Property made necessary by Tenant’s agentsspecific use, manner of use or occupancy of the Property or by Tenant’s installations in or upon the Property, or inviteesby any act or omission of Tenant or any employee, which repairs agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant. Tenant shall not bear the expense of any repairs to the Premises or the Property arising out of or caused by any other tenant’s use, manner of use or occupancy of the Tenant(s). Such repairs Property or by any other tenant’s installations in or upon the Property, or by any act or omission of any other tenant or any other tenant’s employees, agents, contractors or invitees. (f) Tenant, at Tenant’s cost, shall be made to conform furnish janitorial services to the original condition Premises during the Term 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 the responsibility of the Tenant(s), must be pre-approved in writing by the Landlordthis Lease. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available furnish janitorial service to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction common areas of the Tenant(s)Property, or where the if any. Tenant unreasonably fails to notify the Landlord shall pay its proportionate share of the condition or allow the cost of such janitorial services to be furnished by Landlord access pursuant to the Premises for purposes of the repair. Before exercising any of the remedies this Paragraph (f) as an Operating Expense in accordance with the Article 10. (g) The time for Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) ’s performance of any of its obligations under this Lease shall be responsible extended for all broken glass. Tenant(s) shall not paintadditional periods of time equal to the time lost by Landlord or Landlord’s agents, re-wallpapercontractors, subcontractors or suppliers due to strikes or other labor troubles, governmental restrictions and limitations, scarcity, unavailability or delays in obtaining fuel, labor or materials, war or other national emergency, accidents, floods, defective materials, fire damage or other casualties, adverse weather conditions, or otherwise redecorate any cause similar or make alterations dissimilar to the Premises without the written consent of the Landlord. If 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 foregoing beyond the reasonable control of the Landlord or the TenantLandlord’s agents, then the Premises contractors, subcontractors 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, the rent shall cease until such time as the Premises will be put in repairsuppliers. 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.062113

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Faro Technologies Inc)

Repairs and Maintenance. It is (a) The Tenant shall, at its expense (save and except as provided in Section 6.1(e) below as to certain capital repairs and replacements required during the responsibility last twenty-four (24) months of the Tenant(s) Term), diligently and in a good and workmanlike manner perform such maintenance, repairs and replacements as are required to notify keep the Demised Premises (including the structural components thereof), including the Building Systems and all Services located in, on or about the Demised Premises (including parking areas, driveways, roadways, service areas, and facilities, including those outside the Demised Premises such as sidewalks, boulevards, off-site utility and service connections and in respect of areas and Services shared by users of the Demised Premises and users of other properties, if any, in each case to the extent the Landlord immediately is required to perform or contribute to the same as a result of any its ownership of the Demised Premises) in accordance with the Building Standard. Without limiting the generality of the foregoing, and without notice or demand from the Landlord, the Tenant shall: (i) maintain and keep, or cause to be maintained and kept, in a good state of repair the Demised Premises, all systems therein and the Leasehold Improvements, and promptly make all needed repair repairs and replacements, including without limitation, the structure, foundations, roof or unsafe condition existing around roof membrane; (ii) keep the Demised Premises in a well painted, clean and tidy condition, and not permit wastepaper, garbage, ashes, waste or objectionable material to accumulate thereon or in or about the Premises including but not limited to cracks Demised Premises, other than in areas designated by the Landlord; (iii) repair all damage in the foundationDemised Premises resulting from any misuse, cracks in plasterexcessive use or installation, moisture in walls and ceiling, buckling sheetrock or sidingalteration, or any leaksremoval of Leasehold Improvements, fixtures, furnishings or equipment; (iv) maintain and keep the sidewalks, parking areas, driveways and landscaping in a good state of repair, and in a clean and tidy condition. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage With respect to the unitsidewalks, then Tenant(sparking areas and driveways such state shall include without limitation, keeping same free from accumulation of dirt, rubbish, snow and ice. With respect to parking areas and driveways, such state shall also include repaving and restriping from time to time. With respect to landscaping, such state shall include without limitation landscaping in such condition as a careful owner would do including the replacement of lawn and landscaping where the Tenant has failed to care for such lawn and landscaping as a careful owner would do; and (v) becomes liable for cost at the expiration or sooner determination of resultant damage. All repairs necessary the Term, peaceably surrender and yield up unto the Landlord the Demised Premises in good and substantial repair and condition. (b) The obligations of the Tenant in paragraph (a) above are subject to maintain premises shall be done the following exceptions: (i) injury caused by or under the direction resulting from any Gross Negligence or willful misconduct of the Landlord, at its servants, employees, contractors or those for whom the Landlord is in law responsible (other than Tenant Parties); and (ii) the provisions of Article 10 hereof. (c) The Landlord may, subject to compliance with the Tenant’s reasonable security and health and safety requirements and, subject to all Gaming Authority Requirements, enter the Demised Premises accompanied by a representative of the Tenant during business hours upon reasonable prior Notice to view the state of repair and condition thereof and the Tenant shall promptly perform according to the Landlord’s expenseNotice any maintenance, except those caused by negligence repairs 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 the 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 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 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 notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies replacements in accordance with the Landlord-Tenant’s obligations hereunder. The Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, the reasonable costs of such inspection and any required re-wallpaperinspections to confirm the Tenant’s compliance. (d) If the Tenant fails to maintain, repair or otherwise redecorate or make alterations to the Premises without the written consent replace as provided herein within thirty (30) days of receipt of the Landlord’s Notice in respect of such maintenance, repair or replacement, the Landlord has the right, but not the obligation, to do so, and all reasonable out-of-pocket costs and expenses incurred by the Landlord plus an administrative fee of fifteen (15%) percent of such reasonable costs and expenses shall be payable by the Tenant forthwith after Notice as Additional Rent. (e) The obligations of the Tenant with respect to the capital repair and/or replacement in respect of the Demised Premises during the last twenty-four (24) months of the Term shall be limited to those set out in Article 9, Article 10 and this Section 6.1(e). To the extent that capital replacements or repairs, the cost of which are reasonably expected to exceed [One Million Dollars ($1,000,000)][NTD: $1,000,000 in the case of Starlight, $1,500,000 in the case of Cascades, and $2,500,000 in the case of Grand Villa], should need to be made to the Demised Premises during the last twenty-four (24) months of the Term in order to maintain the Demised Premises in accordance with the Building Standards, Tenant may elect, by Notice to Landlord (a “Capital Repair Notice”), not to make such capital repair or replacement, and, subject to Article 9 and Article 10 hereof and the other provisions of this Section 6.1(e), the same shall not constitute a default hereunder. For the sake of clarity, to the extent that capital replacements or repairs, the cost of which are reasonably expected not to exceed [One Million Dollars ($1,000,000)][NTD: $1,000,000 in the case of Starlight, $1,500,000 in the case of Cascades, and $2,500,000 in the case of Grand Villa], should need to be made to the Demised Premises during the last twenty-four (24) months of the Term in order to maintain the Demised Premises in accordance with the Building Standards, Tenant shall make such capital replacements or repairs at its sole cost. Upon receipt of such a Capital Repair Notice, Landlord may elect (but shall be under no obligation) to make such capital replacement or repair at its expense, in which event Tenant shall cooperate with Landlord to permit Landlord to do so, or Landlord may elect (but shall not be obligated to do so) to have Tenant perform such capital repairs or replacements at Landlord’s expense. If written consent is givenLandlord makes such capital repairs or replacements, such alterations or pays to have Tenant do so as aforesaid, then, the reasonable cost to finance same shall be at amortized over the expense useful life of the Tenant(s) improvements and the Tenant shall pay, as Additional Rent, the portion of such amortized amount attributable to the remaining Term of the Lease, in monthly installments. Notwithstanding the foregoing to the contrary, in all events Tenant shall be responsible for (and shall become part pay for): (i) repairs or replacements caused by perils which the Tenant is required to insure against pursuant to the provisions of Section 9.1 hereof or otherwise insures against; (ii) repairs or replacements attributable to defects in the original design or construction of the Premises and the OwnerTenant’s property upon termination of this Lease and tenancy. Tenant(swork described in Section 7.1 hereof; (iii) shall not permit any act repairs or thing deemed hazardous replacements caused by Landlord due to potential risk of fire work performed by 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 behalf of the Landlord Tenant; (iv) repairs 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, the rent shall cease until such time as the Premises 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 replacements caused by the act acts, omissions or negligence of the Tenant(s), Tenant or someone in Tenant Parties or on the Premises by reason of Tenant’s permission its 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 Premises, moving furniture and wall hangings shall be the duty and expense their misuse of the Tenant(s). Tenant(sDemised Premises or parts thereof; (v) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions replacements caused by the failure of service except as provided the Tenant to complete any maintenance or repairs which the Tenant is required to perform under the terms of this Lease; and (vi) repairs or replacements which are covered by lawany warranty assigned to the Tenant or that would be covered by a warranty were it not for the acts or omissions of the Tenant.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale (GTWY Holdings LTD), Agreement of Purchase and Sale (Gateway Casinos & Entertainment LTD)

Repairs and Maintenance. It is (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the responsibility interior and exterior of the Tenant(s) to notify Leased Premises during the Landlord immediately term of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundationLease, 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 further agrees that Lessor 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 the 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 no obligation to repair make any defective condition, nor shall repairs or perform any defense or remedy be available maintenance to the Tenant(s), where the defective condition complained of 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 notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repairLeased Premises. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) Lessee covenants and agrees that it shall be responsible for all broken repairs, alterations, replacements, or maintenance of, including but without limitation, 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, interior building appliances and similar equipment, heating and air conditioning equipment, and further agrees to be replace any of said equipment when necessary. Tenant(sLessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If after written notice and a 90 day cure period (except in the event of emergencies), Lessee refuses or neglects to commence or complete repairs promptly and adequately, Lessor may cause such repairs to be made, but shall not paintbe required to do so, re-wallpaperand Lessee shall pay the cost thereof to Lessor upon demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, or otherwise redecorate or Lessee shall have the right to make alterations repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed $50,000 provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of $50,000 or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of the Landlord. If written consent is givenLessor, such consent not to be unreasonably withheld. All alterations and additions to the Leased Premises shall be at the expense of the Tenant(s) made in accordance with all applicable laws and shall become part remain for the benefit of Lessor. Lessee further agrees, in the event of making such alterations as herein provided, to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises and arising out of or resulting from the Owner’s property upon termination undertaking or making of this Lease and tenancy. Tenant(s) shall not permit any act said repairs, improvements, Lessee /s/ JR Lessor /s/ RPJ Children's World Purchase Agreement 5/20/99 alterations 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, windadditions, or other cause beyond the control of the Landlord Lessee's failure to make said repairs, improvements, alterations 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawadditions.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Aei Income & Growth Fund Xxii LTD Partnership), Purchase and Sale Agreement (Aei Real Estate Fund Xv LTD Partnership)

Repairs and Maintenance. It is a) Tenant shall, throughout the responsibility Term and at Tenant's sole cost and expense, keep and maintain the Premises in a neat and orderly condition; and, upon expiration of the Tenant(s) Term, Tenant shall leave the Premises in good order and condition, ordinary wear and tear, damage by fire or other casualty alone excepted, and for that purpose and except as stated, Tenant will make all necessary non-structural repairs and replacements. Tenant shall not permit any waste, damage or injury to notify the Premises. Tenant shall not use or permit the use of any portion of the Common Facilities for other than their intended use as specified by the Landlord immediately from time to time. b) Landlord shall, promptly throughout the Term, make all necessary repairs to the structural elements of the Premises, the building, and other improvements located on the Property; provided, however, that Landlord shall have no responsibility to make any needed repair or unsafe condition existing around or repairs unless and until Landlord receives written notice of the need for such repair. Landlord shall keep and maintain all Common Facilities of the Property and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt and rubbish and shall keep and maintain all landscaped areas within the Property in a neat and orderly condition. Notwithstanding anything to the contrary contained herein, Landlord shall be responsible for maintaining and repairing the life, fire, and safety systems and the points of connection thereto to the Premises, and the costs of same shall be included in Annual Operating Costs. c) Notwithstanding the foregoing, repairs and replacement to the Premises including but not limited to cracks and the Property arising out of or caused by Tenant's specific use, specific manner of use or occupancy of the Premises, by Tenant's installation of alterations, additions, improvements, trade fixtures or equipment in or upon the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock Premises or siding, by any act or omission of Tenant or any leaks. If Xxxxxx(semployee, agent, contractor or invitee (while on the Premises) 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 Tenant shall be made at the Tenant's 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 the 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 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 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense and Tenant shall pay Landlord the reasonable cost of the Tenant(s). Tenant(s) understands there will be no rent reductionsany such repair or replacement, adjustmentsas Additional Rent, or other compensation due to repairs or interruptions of service except as provided by lawwithin 15 days after demand.

Appears in 2 contracts

Samples: Office Space Lease (Broadview Networks Holdings Inc), Office Space Lease (Broadview Networks Holdings Inc)

Repairs and Maintenance. It is 14.01. Landlord shall at its expense, maintain the responsibility of the Tenant(s) to notify the Landlord immediately of any needed Building in good repair or unsafe condition existing around or in the Premises and condition, including but not limited to cracks in the maintenance and repair of the roof, foundation, cracks air conditioning, heating, plumbing and electrical systems and structural components. Tenant will not in plasterany manner deface or injure the Building, moisture in walls and ceiling, buckling sheetrock will pay the cost of repairing any damage or siding, injury done to the Building or any leakspart thereof by Tenant or Tenant’s agents, employees or invitees. 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 Tenant shall be done by or under the direction take good care of the LandlordPremises and keep the Premises free from waste and nuisance of any kind. Tenant shall keep the Premises, at the Landlord’s expenseincluding all fixtures installed by Tenant and any plate glass and special store fronts, in good condition, reasonable wear and tear and damage caused by casualty excepted, and make all necessary non-structural repairs except those caused by negligence fire, casualty or acts of Tenant(s), TenantGod covered by Landlord’s agents, or invitees, which fire insurance policy covering the Building. The performance by Tenant of its obligations to maintain and make 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 conducted only by contractors 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 the responsibility of the Tenant(s), must be pre-subcontractors approved in writing by the Landlord. Landlord (which approval shall not be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective conditionunreasonably withheld, nor shall any defense conditioned, or remedy be available to the Tenant(sdelayed), where 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 defective condition complained occurrence of was caused by the damage or injury, Landlord may at its option make such repair, and Tenant, Xxxxxx’s familyshall within thirty (30) days of request therefor, invitee, licensee, pay Landlord for the cost thereof. At the end or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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) Lease, 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 deliver up the Premises or surrounding areas shall be damaged by firewith all improvements located thereon (except as otherwise herein provided) in good repair and condition, 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; wear and in case the tear and damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises 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(s)casualty excepted, or someone in or on the Premises by reason of Tenant’s permission or consent, there and shall be no reduction of rent and Tenant(s) shall be liable for deliver to Landlord all costs of repair. Should Landlord notify Tenant(s) of intent keys to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.

Appears in 2 contracts

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

Repairs and Maintenance. It is (a) Except as specifically otherwise provided in subparagraphs (b) through (e) of this Article, Tenant, at its sole cost and expense and throughout the responsibility Term of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in this Lease, shall keep and maintain the Premises including but not limited in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all non-structural repairs necessary to cracks in keep and maintain such good order and condition. Tenant shall have the foundationoption of replacing lights, cracks in plasterballasts, moisture in walls tubes, ceiling tiles, outlets and ceiling, buckling sheetrock similar equipment itself or siding, or any leaksit shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If Xxxxxx(s) fails to immediately notify requested by Tenant, Landlord of visible problems, which result in damage shall make such repairs to the unitPremises within a reasonable time of notice to Landlord and shall charge Tenant for such services at Landlord’s standard rate (such rate to be competitive with the market rate for such services). When used in this Article 11, then Tenant(s) becomes liable for cost of resultant damagethe term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant or Landlord shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain premises all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 4 with respect to capital expenditures, shall be done by or under included as a portion of Recognized Expenses as provided in Article 4 hereof. (d) Landlord, throughout the direction Term of this Lease, shall make all necessary repairs to the Building outside of the LandlordPremises and the common areas, at including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Share of the cost of all repairs, as limited under Article 4 with respect to capital repairs, to be performed by Landlord pursuant to this Article 11(d) as Additional Rent as provided in Article 4 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Project in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Landlord shall maintain the entryway leading to the Premises in a well-lit and good condition and in a manner consistent with the common areas of other class A office buildings in the area. (f) Tenant shall pay its Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 4 hereof. Landlord’s expenseobligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (g) Notwithstanding anything herein to the contrary, except those caused repairs to the Premises, Building or Project and its appurtenant common areas made necessary by negligence a negligent or acts willful act or omission of Tenant(s)Tenant or any employee, Tenant’s agentsagent, contractor, or invitees, which repairs invitee of Tenant shall be made at the sole cost and expense of the Tenant(s). Such repairs shall be made to conform Tenant, except to the original condition extent of insurance proceeds received by Landlord. (h) Landlord shall provide Tenant with janitorial services for 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 Monday through Friday 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 the 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 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 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 notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies each week in accordance with the Landlord-guidelines set forth in Exhibit “D” attached hereto and the Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent pay its Share of the Landlord. If 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 cost thereof as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except Additional Rent as provided by lawin Article 4 hereof.

Appears in 2 contracts

Samples: Lease (Actua Corp), Lease (Icg Group, Inc.)

Repairs and Maintenance. It is the responsibility 15.01 Tenant shall take good care of the Tenant(sDemised Premises. Tenant, at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Building, as shall be required by reason of (i) to notify the Landlord immediately performance or existence of any needed repair Tenant’s Work or unsafe condition existing around Tenant’s Changes, (ii) the installation, use or operation of Tenant’s Property in the Premises including 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 limited to cracks be responsible for any of such repairs as are required by reason of Landlord’s neglect or other fault in the foundationmanner 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, cracks in plasteragents or contractors. Except if required by the neglect or other fault of Landlord or its employees, moisture in walls and ceilingagents or contractors, 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 LandlordTenant, at the Landlord’s its expense, except those caused by negligence shall replace all scratched, damaged 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 the 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 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 was caused by the Tenant, Xxxxxx’s family, invitee, licensee, broken doors or other person acting under glass in or about the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Demised 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) and shall be responsible for all broken glass. Tenant(s) repairs, maintenance and replacement of wall and floor coverings in the Demised Premises and, for the repair and maintenance of all lighting fixtures therein. 15.02 Landlord, at its expense, shall not paintkeep and maintain the Building and its fixtures, re-wallpaperappurtenances, or otherwise redecorate or make alterations to systems and facilities serving the Premises without the written consent of the Landlord. If written consent is givenDemised Premises, such alterations shall be at the expense of the Tenant(s) in good working order, condition and repair and shall become part of make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the Premises and the Owner’s property upon termination Demised Premises, except for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease and tenancy. Tenant(s) lease. 15.03 Except as expressly otherwise provided in this lease, Landlord shall not permit any act or thing deemed hazardous by Landlord due have no liability 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, the rent shall cease until such time as the Premises 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(s), or someone in or on the Premises Tenant by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord’s making any repairs or changes which Landlord is required or permitted by this lease, or required by law, to make in or to any portion of the Building or the Demised Premises, or in or to the fixtures, equipment or appurtenances of the Building or the Demised Premises, provided that Landlord shall use due diligence with respect thereto and shall perform such work, except in case of emergency, at times reasonably convenient to Tenant and otherwise in such manner as will not materially interfere with 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 Premises, moving furniture and wall hangings shall be the duty and expense use of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawDemised Premises.

Appears in 2 contracts

Samples: Lease Agreement (Angion Biomedica Corp.), Lease (Angion Biomedica Corp.)

Repairs and Maintenance. It is 17.1. Landlord shall repair and maintain the responsibility structural and exterior portions and Common Area of the Tenant(sBuilding and the Property, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; common fire sprinkler systems (but excluding sprinkler heads which must be maintained by Tenant); base building HVAC systems (but excluding air handlers exclusively serving the Premises which must be maintained by Tenant); common elevators; and common electrical systems installed or furnished by Landlord. 17.2. Except for services of Landlord, if any, required by Section 17.1 hereof, Tenant will maintain the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) to notify and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Landlord immediately Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of any needed repair or unsafe condition existing around or the Building other than the Premises) and all sprinkler heads located in the Premises, will make all repairs and replacements thereto (excluding structural repairs and replacements, unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary, so as to keep the Premises including in their current condition and state of repair, reasonable wear and tear excepted, and will neither commit nor suffer any active or permissive waste or injury thereof, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord for Tenant as part of this Lease. Landlord will maintain any Building standard air handler or Building standard condenser that exclusively serves the Premises (but any specialty equipment, such as Liebert type units and HEPA filtration units, shall remain Tenant’s responsibility) and sprinkler heads located in the Premises, but Tenant shall be solely responsible for the cost thereof as Additional Rent. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the cleaning of window coverings, mini-blinds and shades, the shampooing and re-stretching of carpet, and the regular painting and decorating of the Premises so as to cracks maintain the Premises in the foundation, cracks in plaster, moisture in walls a first-class condition and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord state of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damagerepair. All repairs necessary bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Tenant at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to maintain premises time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of the Landlord, at by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Landlord’s expense, except those Premises or Building caused by negligence the misuse or acts of Tenant(s)neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or inviteesinvitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, which repairs shall be made at the sole cost or by Tenant moving in or out of the Tenant(s)Premises. 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 the 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 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 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 notify 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 all broken glassjanitorial service and trash removal from the Premises. Tenant(sTenant covenants and agrees, at its sole cost and expense: (a) shall not paintto comply with all present and future laws, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become ’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the Premises right to refuse to collect or accept from Tenant any waste that is not separate and the Ownersorted as required by Applicable Laws or Landlord’s property upon termination of this Lease sustainability practices, 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 firerequire Tenant to arrange for such collection at Tenant’s sole cost and expense, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within utilizing a reasonable time at the expense of the contractor satisfactory to Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation(e) that Tenant shall pay all costs, the rent shall cease until such time as the Premises will expenses, fines, penalties or damages that may 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(s), imposed on Landlord or someone in or on the Premises Tenant by reason of Tenant’s permission or consent, there failure to comply with the provisions of this Section. 17.3. Landlord shall be no reduction of rent and Tenant(s) shall not be liable for all costs any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of repairthe need of such repairs or maintenance. Should Landlord notify Tenant(s) of intent Tenant waives its rights under Applicable Laws now or hereafter in effect to clean, replace carpets or paint the Premises, moving furniture and wall hangings make repairs at Landlord’s expense. 17.4. If any excavation shall be made upon land adjacent to or under the duty Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and expense protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 17.5. Landlord shall clean the exterior of the Tenant(s)exterior windows of the Building no more than two (2) times per year. Tenant(s) understands there will Tenant, at Tenant’s sole cost and expense, shall be no rent reductions, adjustments, or other compensation due responsible for the regular cleaning of the interior of the exterior windows and any interior windows consistent with Tenant’s obligations under Section 17.2. 17.6. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Property. In the event of a casualty described in Article 23, Article 23 shall apply in lieu of this Article. In the event of eminent domain, Article 24 shall apply in lieu of this Article. 17.7. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or interruptions omissions exceeds the limits of service except as provided any insurance maintained or required to be maintained by lawTenant pursuant to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor and any increase in premium resulting from such claim within thirty (30) days after receipt of an invoice therefor.

Appears in 2 contracts

Samples: Lease (Graybug Vision, Inc.), Lease (Graybug Vision, Inc.)

Repairs and Maintenance. It is the responsibility of the Tenant(s(a) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in Tenant shall, at its own sole cost and expense, keep the Premises including but not limited to cracks in the foundationgood order and condition, 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 itemsand damage covered by insurance excepted, at all times on and after commencement of the adage “you broke it you pay Term to fix it” applies to and including the Tenant(s) date of the termination of the Term, by lapse of time or otherwise. Tenant shall promptly and it applies during tenancy as well as at adequately repair the end of tenancyPremises and all its component parts, and replace or repair all landscaping and all damaged or broken fixtures, other than trade fixtures, and appurtenances. In addition, if Tenant shall timely and properly maintain all of the Premises including, but not necessarily limited to, mechanical systems, electrical systems, plumbing and sewage systems, foundations and floor slabs, glazing systems, structural steel, masonry walls and wall enclosures, and water tightness of all curtain walls by a Tenant(squalified stationary engineer or otherwise, in accordance with the greater standard of (i) calls the customary maintenance by prudent operators in the industry; (ii) that which is necessary so as not to void, diminish, or impair any warranty for maintenance for such component from time to time in effect; and (iii) that which no is necessary to preserve and protect the useful life of such maintenance is needed component, ordinary wear and tear excepted. In addition, Tenant shall maintain and repair, or cause others to maintain and repair or replace, as the case may be, the roof, and repair any material defect in materials or workmanship relating to the foundation, columns, and structural steel which comprise a part of the Premises. Landlord, not more frequently than annually during the Term (false callexcept in the event of an emergency or extraordinary condition), Tenant(smay cause independent private inspectors, qualified in the specific discipline, to make inspections of any building and building systems on the Premises or segments thereof to determine Tenant's compliance under this Section. If the Tenant does not timely or properly perform repairs as above provided, Landlord may, but is not required to, after twenty (20) will be charged for the service call. Any days' notice to Tenant, make such repairs, including labor, materialreplacements or maintenance in a reasonably diligent fashion, and parts usedTenant shall pay Landlord forthwith upon being billed for same by Landlord the cost thereof plus all overhead, which are the responsibility of the Tenant(s)general conditions, must be pre-approved in writing by the fees and other costs or expenses arising from Landlord's involvement with such repairs, replacements and maintenance. Landlord may, but shall not be required to, enter the sole judge Premises personally or through independent contractors at all reasonable times upon reasonable notice (except in the case of an emergency) to inspect the Premises, and to make such repairs, alterations, improvements and additions to the Premises or to any equipment or fixtures located on the Premises as Landlord deems reasonably necessary and which Tenant failed to what repairs are necessary. do as required in this Lease. (b) It is intended by Tenant and Landlord that Landlord shall have no obligation obligation, in any manner whatsoever, to repair or maintain the Premises (or the equipment therein), whether structural or nonstructural, all of which obligations are intended, as between Landlord and Tenant, to be those of Tenant. Tenant expressly waives the benefit of any defective conditionstatute now or in the future in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the Premises in good order, nor shall any defense or remedy be available condition and repair. (c) Prior to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction commencement of the Tenant(s), or where the Tenant unreasonably fails to notify the Lease 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part received an engineering study of the Premises performed by Ecklxxx Xxxsultants Inc. Exhibit E attached hereto shows a list of those matters which must be corrected. Tenant agrees to correct the matters listed on Exhibit E, at Tenant's sole cost and expense, to be completed no later than 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 dates set forth 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.Exhibit E.

Appears in 2 contracts

Samples: Lease Agreement (Caterair International Inc /Ii/), Lease Agreement (Caterair International Inc /Ii/)

Repairs and Maintenance. It is 16.1 Subject to Landlord’s obligations set forth in Section 16.2 below, Tenant shall keep and service, repair and maintain the responsibility Premises in good condition, including the interior and exterior of the Tenant(s) to notify the Landlord immediately Leased Premises, all electrical, heating, air-conditioning equipment, plumbing, sprinkler system, wiring, piping, fixtures, doors, glass, floor covering, parking lot, fixtures, doors, glass, windows, lighting, snowplowing of driveways, signs, landscaping, equipment and appurtenances and any needed repair other repairs 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 replacements necessary to maintain premises and operate the Premises. Tenant 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 supply janitorial services to the original condition of the Premises at the time the Tenant(s) took possessionLeased Premises. 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 the 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 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 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 notify 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 all broken glassthe maintenance of the parking lot including, but not limited to, patching, general cleaning or sweeping, and sealing and striping the parking lot and driveways. Tenant(sNotwithstanding the provisions of paragraph 5 above, in the event that Tenant replaces any major capital improvement in the Building and the useful life of the improvement is greater than the then remaining term of the Lease, including any extensions, Tenant shall have the additional option, exercisable by written notice to Landlord not more than thirty (30) days after the completion of the improvement in question, to extend the term of this Lease for a period equal to the useful life of the improvement. For this purpose, the useful life of an improvement shall not paintbe determined by an independent engineer or architect with experience in similar work who is selected by the mutual agreement of Landlord and Tenant and if they are unable to agree, re-wallpaperby arbitration in accordance with Section 33 below. A “major capital improvement” shall mean an item (or a series of similar items) requiring an expenditure of greater than $50,000.00, which is properly accounted for as a capital item, and shall include such things as the replacement of furnaces, air conditioning units, elevators, the roof, windows, or otherwise redecorate or make alterations to the Premises parking lots. 16.2 Landlord shall, at its sole expense without the written consent reimbursement, maintain, repair and replace all of the Landlord. If written consent is given, such alterations shall be at the expense roof and structural components of the Tenant(sbuilding (including the foundation, those portions of the exterior walls necessary for the structural integrity of the building, interior load bearing walls, joist, beams and other elements generally affecting the structural integrity of the building, but excluding doors, door frames, windows and window frames and the interior and exterior surfaces of walls) and shall become part of the Premises (collectively, the “Structure”), in good condition and, to that end, shall make, at its expense, all replacements and repairs, to keep the Owner’s property upon termination Structure 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; in good and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction safe repair 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawcondition.

Appears in 2 contracts

Samples: Equity Purchase Agreement (Infrastructure & Energy Alternatives, Inc.), Equity Purchase Agreement (Infrastructure & Energy Alternatives, Inc.)

Repairs and Maintenance. It is (a) Tenant shall be deemed to have accepted the responsibility Premises as being in good, sanitary order, condition and repair by executing an “acceptance of the Tenant(s) premises” letter, which shall be executed prior to notify possession, as attached hereto as Exhibit D. Tenant shall, at Tenant’s sole cost and expense, keep the Landlord immediately Premises and every part thereof in good condition and repair (except as hereinafter provided with respect to Landlord’s obligations), including without limitation, the maintenance, replacement and repair of any needed repair doors, window casements, glazing, heating and air conditioning systems, plumbing, pipes, electrical wiring and conduits, lighting fixtures and security and fire alarm systems to current local governing body building codes and TUSD standards. Tenant shall, upon the expiration or unsafe condition existing around or in sooner termination of this Lease, surrender the Premises including but not limited to cracks Landlord in good condition, broom clean, ordinary wear and tear and damage from causes beyond the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaksreasonable control of Tenant excepted. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in Any damage to the unit, then Tenant(s) becomes liable for cost premises or adjacent premises caused by Tenant’s use of resultant damage. All repairs necessary to maintain premises the 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 repaired at the sole cost and expense of Tenant. Tenant will provide for maintenance as specified in Exhibit B. (b) Notwithstanding any other provisions hereof, Landlord shall, at its expense, maintain and repair the structural portions of the Tenant(s). Such repairs Property, including the exterior walls and the structural portions of the roof, and shall be made to conform maintain plumbing mains and utility services 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 building as well provided in Exhibit B. Except 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 the responsibility of the Tenant(s), must be pre-approved provided in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have 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 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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, the rent shall cease until such time as the Premises 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(s), or someone in or on the Premises by reason of Tenant’s permission or consentSection 22 hereof, there shall be no reduction abatement of rent and Tenant(sno 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 Property or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) shall be liable for all Notwithstanding the stated provisions above in paragraphs a and b, should Tenant replace certain items, which are capital improvements in nature, as part of their maintenance of the facility, the costs of repair. Should Landlord notify Tenant(s) these replacements shall inure to the benefit of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawLandlord.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Repairs and Maintenance. It is (a) Subject to reimbursement pursuant to this Lease, and except for damage caused by any negligent or intentional act or omission of Tenant or Tenant’s employees or agents, in which event Tenant shall repair the responsibility damage, Landlord shall keep in good order and condition the Common Areas and repair and maintain the foundation, roof and exterior walls of the Tenant(s) Building. Landlord shall not be obligated to notify paint the exterior of the Building or Project, nor shall Landlord immediately be required to maintain the steel sashes, windows, glass, doors, or interior surface of exterior walls. Landlord shall not have the obligation to make repairs under this Section until a reasonable time after receipt of written notice from Tenant of the need for such repairs. Landlord shall not be responsible for repairs required by an accident, fire, or other peril or for damage caused to any part of the Project by any act or omission of Tenant or Tenant’s employees or agents, except as otherwise required by this Lease. Landlord may engage contractors of Landlord’s choice to perform the obligations required by this Section, and the necessity of any needed expenditure to perform those obligations shall be at the sole discretion of Landlord. Tenant expressly waives the benefits of any statute now or later in effect that would otherwise give Tenant the right to make repairs at Landlord’s expense and deduct that cost from rent owing to Landlord. (b) Subject to the provisions of the preceding subsection, Tenant shall clean and maintain in good order, condition, and repair or unsafe condition existing around or and replace when necessary the following: (i) all plumbing and sewage facilities in the Premises Leased Premises, including but not limited to cracks in the foundationall plumbing fixtures, cracks in plasterpipes, 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 the 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 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 was caused by the Tenant, Xxxxxx’s family, invitee, licenseefittings, or other person acting under the control or direction parts of the Tenant(s)plumbing system in the Leased Premises; (ii) all fixtures, or where interior walls, floors, carpets, draperies, window coverings, and ceilings in the Leased Premises; (iii) all windows, doors, entrances, and plate glass in the Leased Premises; and (iv) all electrical facilities and all equipment in the Leased Premises, including all light fixtures, lamps, bulbs and tubes. (c) With respect to utility facilities serving the Leased Premises Tenant unreasonably fails to notify 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 the maintenance and repair of any facilities that serve only the Leased Premises including all broken glassfacilities that are within the walls or floor or on the roof of the Leased Premises, and any part of the facility that is not within the Leased Premises, but only up to the point where the facilities join a main or other junction from which the utility services are distributed to other parts of the Project as well as to the Leased Premises. (d) Tenant shall: (i) maintain, repair, and replace when necessary all heating, air conditioning, and ventilation equipment that services only the Leased Premises, and shall keep the them in good condition through regular inspection and servicing; (ii) all plumbing and sewage facilities in the Leased Premises, including but not limited to all plumbing fixtures, pipes, fittings, or other parts of the plumbing system in the Leased Premises; and (iii) maintain continuously throughout the term of the Lease a service contract for the maintenance of all heating, air conditioning, and ventilation equipment with a licensed repair and maintenance contractor approved by Landlord; the contract should provide for periodic inspections and servicing of the heating, air conditioning, and ventilation equipment at least once every ninety (90) days during the term of the Lease. Tenant(sHowever, Landlord may elect at any time during the term of this Lease to assume responsibility for and or all of the preceding items (i) through (iii), in which event all expenses incurred by Landlord in connection with the preceding items shall be charged to the Tenant. (e) All repairs and replacements required of Tenant shall be promptly made with new materials of like kind and quality. If the work affects the structural parts of the Building or if the estimated cost of any item of repair or replacement is in excess of $750. Tenant shall first obtain Landlord’s written approval of the scope of the work, the plans for the work, the materials to be used, and the contractor hired to perform the work. Tenant shall not, and shall not paintpermit others, re-wallpaperto enter the roofs of the Leased Premises, without Landlord’s prior written consent. (f) If Tenant fails to perform Tenant’s obligations under this Section or under any other section of this Lease, after ten (10) days’ prior written notice to Tenant, except in an emergency when no notice shall be required, Landlord may enter the Leased Premises, perform the obligations on Tenant’s behalf, and recover the cost of performance, together with interest at the maximum rate then allowed by law, as additional rent payable by Tenant with the next installment of Monthly Base Rent. Tenant shall maintain adequate insurance to compensate Tenant for any loss of, or otherwise redecorate or make alterations damage to, Tenant’s property. In the event that Tenant does not maintain such insurance, Tenant will be deemed to have self-insured Tenant’s property. (g) In the Premises without event Tenant fails to perform Tenant’s obligations under this Section, Landlord shall give Tenant notice to do such acts as are reasonably required to so maintain the written consent of the LandlordLeased Premises. If written consent within fifteen (15) days after such notice is givengiven by Landlord, Tenant fails to do the work and diligently prosecute it to completion, then Landlord shall have the right (but not the obligation) to do such alterations shall be acts and expend such funds 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 tenancyTenant as are reasonably required to perform such work. Tenant(s) shall not permit any act or thing deemed hazardous Any amount so expended 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, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until by Tenant promptly after demand with interest at the time maximum rate permitted by law from the date of such destruction work. There shall be no abatement of rent and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act no liability of the Tenant(s), or someone in or on the Premises Landlord by reason of any injury or interference with Tenant’s permission business arising from the making of any repairs, alterations, 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 improvements in or to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense any portions of the Tenant(s)Project or the Leased Premises or in or to fixtures, appurtenances, and equipment, therein. Tenant(s) understands there will be no rent reductionsLandlord reserves the right to enter the Leased Premises to repair the Project, adjustmentsto repair the roof or roof structures or to install electrical, water, drain, sewer, telephone, ventilation, and other conduits for the benefit of the Project or of other compensation due tenants of the Project. Repair of the roof or of roof structures may require exposing certain areas of the Project to repairs or interruptions of service except as provided by lawthe elements.

Appears in 2 contracts

Samples: Industrial Lease, Industrial Lease (Sunpower Corp)

Repairs and Maintenance. It is (a) Tenant shall keep the responsibility Premises, including the Leasehold Improvements and Tenant's Property (both as hereinafter defined) neat, clean and in good order and condition. Tenant shall give Landlord prompt notice of any damage to or defective condition in any part or appurtenance of the Tenant(s) to notify Premises, the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundationLeasehold Improvements, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or sidingTenant's Property, or any leaks. If Xxxxxx(s) fails the Building (including mechanical, electrical, plumbing, heating, ventilating, air conditioning and other equipment facilities and systems located within or serving the Building, collectively sometimes hereinafter referred to immediately notify Landlord of visible problems, which result in damage to as 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"Building Systems"). 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 the 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 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 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 notify 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 (i) all broken glass. Tenant(srepairs, 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 and Tenant shall pay Landlord within ten (10) days of demand the cost therefor as determined by Landlord, plus 7% for Landlord's overhead and profit. Landlord may, before commencing any such work or at any time thereafter, require Tenant to furnish to Landlord such security in form (including a bond issued by a surety satisfactory to Landlord) and amount as Landlord shall deem necessary. (b) Tenant shall not paint, re-wallpaper, place a load upon any portion of the floor of the Premises which exceeds the load per square foot which such floor was designed to carry. (c) Tenant shall not install business machines or otherwise redecorate mechanical equipment which cause noise or make alterations vibration that may be transmitted to the Premises without the written consent structure of the Building. (d) Landlord (except as provided in subsection 9(a)) shall; at Landlord. If written consent is given's expense, such alterations shall be at repair, replace and maintain the expense external and structural parts of the Tenant(s) and shall become Building which do not constitute a part of the Premises and are not leased to others, and shall perform such repairs, replacements and maintenance in a good and workmanlike manner and using commercially reasonable efforts to minimize disruption to Tenant's business operations and access to the Owner’s property upon termination of this Lease and tenancy. Tenant(sPremises. (e) shall not permit any act or thing deemed hazardous by Landlord due Except 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, the rent shall cease until such time as the Premises 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 extent caused by the act gross negligence of the Tenant(s)Landlord and except as otherwise provided herein, Landlord shall have no liability to Tenant nor shall Tenant's covenants and obligations under this Lease be reduced or someone abated in or on the Premises any manner whatsoever by reason of Tenant’s permission any inconvenience, annoyance, interruption or consent, there shall be no reduction injury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Lease or by any other tenant's lease or required by law to make in or to any portion 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 Premises, moving furniture and wall hangings the Building or the Building Systems. Landlord shall be use its best efforts to minimize any interference with Tenant's business in the duty and expense Premises on account of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to Landlord's making of such repairs or interruptions of service except as provided by lawchanges.

Appears in 2 contracts

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

Repairs and Maintenance. It is 18.1. Landlord shall repair and maintain the responsibility structural and exterior portions and Common Areas of the Tenant(s) to notify Building and the Project, including roofing and covering materials; foundations; exterior walls; Building systems, including plumbing, mechanical, fire sprinkler systems (if any); heating, ventilating, air conditioning systems; elevators; and electrical systems installed or furnished by Landlord immediately in a first class manner and in good condition and repair. 18.2. Except for services of any needed repair or unsafe condition existing around or in Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense clean, maintain and keep the Premises including but not limited in good condition and repair, ordinary wear and tear, casualty and condemnation excepted. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to cracks Landlord in good condition and repair in accordance with Article 17 and Article 26, ordinary wear and tear and damage thereto from casualty and condemnation excepted; and shall, at Landlord’s request, remove all telephone and data systems, wiring and equipment from the foundationPremises, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or repair 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 Premises 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 the 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 necessarythereby. Landlord shall have no obligation to repair alter, remodel, improve, repair, decorate or paint the Premises or any defective conditionpart thereof, nor shall any defense or remedy be available other than pursuant to the Tenant(s), where terms and provisions of the defective condition complained Work Letter. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an obligation of was caused by Landlord except as set forth in Section 31.12. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Tenant, Xxxxxx’s family, invitee, licenseeBuilding, or other shall be authorized to be made, Tenant shall afford to the person acting under the control causing or direction of the Tenant(s)authorized to cause such excavation, or where the Tenant unreasonably fails license to notify the Landlord of the condition or allow the Landlord access to enter the Premises for purposes the purpose of performing such work as said person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. During the performance of any excavation, Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s ongoing business operations. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises Building 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, the rent shall cease until such time as the Premises 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 endProject. In the eventevent of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the damage is caused event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses, unless such costs are incurred due in whole or in part to any act, neglect, fault or omission of Tenant or its employees, agents, contractors or invitees, in which case Tenant shall pay to Landlord the act cost of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent such repairs 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawmaintenance.

Appears in 2 contracts

Samples: Sublease Agreement (Natera, Inc.), Sublease Agreement (Natera, Inc.)

Repairs and Maintenance. It is 11.01 If the responsibility Building, the elevators, boilers, engines, pipes and other apparatus, or members or elements of the Tenant(sBuilding (or any of them) used for the purpose of climate control of the Building or operating the elevators, or if the water pipes, drainage pipes, electric lighting or other equipment of the Building or the roof or outside walls of the Building or parking facilities of Landlord become damaged or are destroyed through the negligence, carelessness or misuse of the Tenant, its servants, agents, employees or anyone permitted by Tenant to notify be in the Building, or through Tenant, then the cost of the necessary repairs, replacements or alterations shall be borne by the Tenant who shall forthwith pay the same on demand to the Landlord immediately as Additional Rent. 11.02 Tenant shall keep the Leased Premises in as good order, condition and repair as when they were entered upon, loss by fire or other casualty (unless caused by the negligence of any needed Tenant, its agents, employees or invitees or the gross negligence or willful and wrongful acts of Landlord), unavoidable accident or ordinary wear and tear excepted. If Tenant fails to keep the Leased Premises in such good order, condition and repair or unsafe condition existing around as required hereunder to the satisfaction of Landlord, Landlord may restore the Leased Premises after three (3) business days prior written notice to Tenant (except in the event of an emergency or in the event there is a threat to the continuance of any insurance coverage in which case no prior written notice shall be required) to such good order and condition and make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant's property or business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord, as Additional Rent, upon demand, the cost of restoring the Leased Premises including to such good order and condition and of the making of such repairs. 11.03 Tenant shall deliver, at the expiration of the Term hereof or sooner upon termination of the Term, the Leased Premises in good repair as aforesaid and in a state of broom cleanliness. In the event Tenant fails to vacate the Leased Premises on a timely basis as required, Tenant shall be responsible to Landlord for all costs incurred by Landlord as a result of such failure, including, but not limited to, any amounts required to cracks in be paid to third parties who were to have occupied 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 Leased Premises. 11.04 Tenant shall leave 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 Leased 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 each Business Day in a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged reasonably tidy condition for the service call. Any repairs, including labor, material, and parts used, which are purpose of allowing the 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 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 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent performance of the Landlord. If written consent is given, such alterations 's cleaning services hereinabove described. 11.05 Landlord shall be at (subject to Articles 31 and 32 and Landlord's rights under Article 54 and except for ordinary wear and tear) maintain the expense exterior walls and roof and load bearing elements of the Tenant(s) Building and shall become part perform routine maintenance in the Common Areas (hereinafter defined). Except for load bearing elements of the Premises and Building located within the Owner’s property upon termination of this Lease and tenancy. Tenant(s) Leased Premises, Landlord shall not permit be required to maintain or repair 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 portions 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, the rent shall cease until such time as the Premises 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(s), or 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 Leased Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.

Appears in 1 contract

Samples: Office Lease (Rancher Energy Corp.)

Repairs and Maintenance. It (a) Except as expressly provided in Section 4(c), this Section 6 or Exhibit B, Landlord shall be under no liability, nor have any obligation to do any work or make any repairs in or to the Premises, and any work which may be necessary to outfit the Premises for Tenant’s occupancy or for the operation of Tenant’s business therein is the sole responsibility of the Tenant(s) to notify the Landlord 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 Tenant 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 performed by or under the direction of the Landlord, Tenant at the Landlord’s its own cost and 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 Tenant acknowledges that it is in possession of the Premises and has fully inspected the Premises prior to execution of this Lease, and that Landlord has made no warranties or representations with respect to the condition or state of repairs of the Premises except as specifically provided in this Lease. In furtherance of its obligations under Section 4(c), Landlord shall make all structural repairs to the roof, walls and foundations of the Building as needed and shall maintain and repair all Building systems (excluding Tenant’s Specialty Equipment) all common areas, grounds and land in reasonably good condition. Notwithstanding the foregoing, other than routine periodic maintenance, (i) Landlord’s responsibility for repairing any of the foregoing items shall arise only after a reasonable time has elapsed after Tenant has notified Landlord in writing of the necessity for any such repairs; and (ii) Tenant (and not Landlord) shall be responsible for the repairs of any such items if the necessity therefor was caused in whole or primarily in part by the negligent act or omission or misuse of Tenant, its agents, officers, employees, contractors, licensees, sublessees or invitees (except to the extent the cost of such work is provided through insurance maintained by Landlord under this Lease). (b) Tenant, at Tenant’s sole expense, shall, except for services furnished by Landlord pursuant to Section 4 and this Section 6, maintain the Premises in good order, condition, and repair, including all of Tenant’s Specialty Equipment and the interior surfaces of the ceilings, walls and floors, all doors, all interior windows, and all plumbing, pipes and fixtures, electrical wiring, switches and fixtures, building standard furnishings and special items and equipment installed by or at the time expense of Tenant. Tenant’s maintenance obligations are limited to those items within its Premises and Tenant has no obligation to maintain wiring, plumbing, pipes or fixtures or other items outside the Tenant(sPremises (except for Tenant’s Specialty Equipment), unless the damage thereto was caused primarily by the negligent act of Tenant, its agents, officers, employees, contractors or invitees. Tenant shall also be responsible for the cost to maintain at all times in good order, condition and repair, all heating, ventilating, air conditioning and other separate climate control equipment that is installed for any computer or similar equipment, designed specifically for Tenant (e.g. for a computer or telephone room), whether the same was installed initially, or at a later date, by Landlord or by Tenant. The costs incurred by Landlord to maintain such climate control equipment shall be billed to Tenant as additional rent, and shall be payable by Tenant within thirty (30) took possessiondays following receipt of the billing statement. (c) Tenant shall be responsible for all repairs in and to the Building the need for which arises out of (i) the moving of Tenant’s property into or out of the Building; or (ii) any negligence of Tenants, its agents, contractors, employees or invitees (except to the extent that the cost thereof is covered by insurance maintained by Landlord under this Lease). (d) If Tenant fails to maintain the Premises in good order, condition and repair, Landlord may give Tenant notice to do such acts as are reasonably required to so maintain the Premises. Although If Tenant fails to commence such work promptly and diligently prosecute it to completion, Landlord shall have the Landlord repairs normal wear and tear itemsright, following not less than ten (10) days’ prior written notice to Tenant (except if such failure results in an emergency condition, the adage “you broke it you pay notice period may be reduced commensurate with such emergency), to fix it” applies to the Tenant(s) do such acts and it applies during tenancy as well as expend such funds at the end expense of tenancy. In addition, if a Tenant(s) calls for maintenance for which no Tenant as are reasonably required to perform such maintenance is needed (false call), Tenant(s) will be charged for the service callwork. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing amount so expended by the Landlord. Landlord shall be paid by Tenant within fifteen (15) days after demand, with interest from the sole judge as date of such work, at a rate equal to what repairs are necessarythe prime commercial rate of interest published by the Wall Street Journal closest to the date such work was commenced. Landlord shall have no obligation liability to repair Tenant for any defective conditiondamage, inconvenience or interference with the use of the Premises by Tenant as a result of performing any such work. (e) Tenant shall not place a load upon any floor of the Premises which exceeds the load per square foot which such floor was designed to carry two hundred pounds per square foot. Landlord reserves the right to consult with its structural engineer if necessary, in Landlord’s opinion, to resolve any questions concerning this matter, in which event the determination of the engineer shall be conclusive and the cost of any such determination shall be paid for by Tenant upon demand. Tenant shall not install business machines or mechanical equipment which cause noise or vibration to such a degree as to be reasonably objectionable to Landlord or other Park tenants. (f) Except as otherwise expressly provided in this Lease, Landlord shall have no liability to Tenant nor shall Tenant’s obligations under this Lease be reduced or abated in any defense manner whatsoever by reason of any inconvenience, annoyance, interruption or remedy be available injury to business arising from Landlord’s making any repairs or changes which Landlord is required or permitted by this Lease or by any other tenant’s lease or required by law to make in or to any portion of the Tenant(s)Building or the Premises, where absent the negligent or willful acts or omissions of Landlord or Landlord’s agents, employees, contractors, invitees or licensees. Landlord shall, nevertheless, use reasonable efforts to minimize any interference with Tenant’s business in the Premises and with the use by Tenant, its agents, officers, contractors, employees and invitees of the common areas associated therewith. (g) As soon as is reasonably practicable after Tenant obtains actual knowledge thereof, Tenant shall give Landlord prompt notice of any damage to or defective condition complained in any part or appurtenance of was the Building’s mechanical, electrical, plumbing, HVAC or other systems serving, located in, or passing through the Premises. (h) Upon the expiration or earlier termination of this Lease, Tenant shall return the Premises to Landlord broom clean and in the same condition as on the date hereof, except for all alterations that have been performed by or on behalf of Tenant (which are governed by Section 12); normal wear and tear; and condemnation or casualty loss (provided such casualty loss is not caused by the negligent act or omission of Tenant, Xxxxxxits agents, officers, contractors, employees or invitees (except to the extent covered by insurance to be maintained under this Lease)). Any damage to the Premises, including any structural damage, resulting from Tenant’s familyuse or from the removal of Tenant’s fixtures, inviteefurnishings and equipment shall be repaired promptly by Tenant at Tenant’s expense, licenseeexcept to the extent covered by Landlord’s insurance. Landlord shall xxxx Tenant, or other person acting under as promptly as is practicable, for the control or direction costs of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access any cleanup and/or repairs to the Premises for purposes necessitated by Tenant’s use and occupancy thereof (normal wear and tear and losses caused by Landlord’s negligence or that of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Actits employees, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paintinvitees, re-wallpaper, agents or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(scontractors excepted) and such costs shall become part of the Premises constitute additional rental due and the Owner’s property upon payable hereunder notwithstanding any expiration or 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawLease.

Appears in 1 contract

Samples: Office Lease (Neustar Inc)

Repairs and Maintenance. It is (a) Landlord shall maintain, repair and replace only the responsibility roof, downspouts, gutters, foundation, utility lines located outside the Premises, dock boards, truck doors, dock bumpers, parking lots and sidewalks on the Land, and the structural soundness of the Tenant(sexterior walls of the Building in good repair, reasonable wear and tear excepted. Tenant shall repair, replace and pay for, any damage to the foregoing caused by the negligence of Tenant or Tenant’s employees, agents or invitees, or caused by Tenant’s default hereunder. The term “walls” as used herein shall not include interior windows, glass or plate glass, doors, special interior store fronts or office entries. Tenant shall immediately give Landlord written notice of defect or need for repairs, after which Landlord shall have reasonable opportunity to repair same or cure such defect. Landlord’s liability with respect to any defects, repairs or maintenance for which Landlord is responsible under any of the provisions of this Lease shall be limited to the cost of such repairs or maintenance or the curing of such defect. (b) to notify Tenant shall at its own cost and expense maintain, repair and replace all parts of the Premises (except those for which Landlord immediately is expressly responsible under the terms of any needed repair or unsafe this Lease) in good condition existing around or in accordance with the standards for laboratory buildings in the Premises including Research Triangle Park, North Carolina area of similar research usage, utility, size, age, construction, finishes, and upfit as reasonably determined by Landlord, promptly making all necessary repairs and replacements, including, but not limited to cracks in the foundationto, cracks in plasterall Building systems, moisture in walls including, but not limited to, heating, ventilation, air conditioning, mechanical, plumbing and ceilingelectrical, buckling sheetrock or sidingand vacuum, or air pressure, DI water, gas manifolds, gas storage, gas pipes, hazardous waste disposal, elevators, windows, glass and plate glass, doors, any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problemsspecial office entry, which result in damage to the unitinterior walls, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises finish work, and floors and floor coverings, and Tenant shall be done by or under the direction of the Landlordconduct all general maintenance, at the Landlord’s expenseincluding, except those caused by negligence or acts of Tenant(s)bolt repair and light fixtures, 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 itemsexcepted. Tenant shall not be obligated to repair any damage covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(a) below, unless due to the acts or omissions of Tenant, its agents, employees, or independent contractors. (c) If either party hereto shall fail to fulfill its obligations under this paragraph, the adage “you broke it you pay other party hereto may enter upon the area of the Building or the Premises as required to fix it” applies conduct the obligations of the defaulting party, and shall be entitled to reimbursement from the Tenant(sdefaulting party for its actual costs and expenses in conducting such obligations. The defaulting party shall reimburse the other party hereto for its actual costs and expense promptly upon demand made by the other party hereto. The provisions of this subparagraph shall not be interpreted to obligate either party hereto to conduct obligations of the other party hereto. (d) Tenant shall conduct periodic maintenance of all hot water, heating and it applies during tenancy as well as at air conditioning systems and units in the end of tenancyPremises, remove and replace filters therein. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged Tenant shall bear responsibility to ensure the provision of daily janitorial service and removal of trash and debris from the Premises. Tenant shall enter into contracts providing for the service call. Any repairsperiodic maintenance, including labor, materialrepair, and parts usedreplacement of all Building systems, which are for periodic pest and insect extermination, and for daily janitorial service and removal of trash and debris from the Premises and deposit of trash in exterior containers located by Landlord on the Land; provided, however, Tenant shall bear sole responsibility for the removal of hazardous, or toxic substances, or medical wastes from the Premises and to the appropriate site as required under applicable laws, statutes, and ordinances. A copy of all of the Tenant(s), must be pre-approved in writing aforesaid contracts entered into by the Landlord. Landlord Tenant shall be provided to Landlord on or prior to the Commencement Date. (e) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole judge as cost and expense, promptly repair any damage or injury to what repairs are necessary. Landlord any demising wall caused by Tenant or its employees, agents or invitees. (f) Tenant and its employees, customers and licensees shall have no obligation the non- exclusive right to repair any defective conditionuse the parking areas on the Land as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Tenant shall not park on streets, rights of ways, driveways, or roadways adjacent to the Building or the Land, nor shall any defense or remedy be available to the Tenant(s)allow its employees, where the defective condition complained of was caused by the Tenantagents, Xxxxxx’s family, invitee, licenseeinvitees, or licensees to do so. No vehicles other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify 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) than passenger vehicles shall be responsible for all broken glass. Tenant(s) shall not paintparking on the Land, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the prior written consent of the Landlord. If written consent is givenAny vehicles, such alterations shall be including, tractors, trailers, or tractor trailers parked at the expense Building in violation of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination any provision 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, windLease, or other cause beyond abandoned on the control of the Landlord or the TenantLand, then the Premises or surrounding areas shall be repaired within a reasonable time as reasonably determined by Landlord, are subject to removal by Landlord, at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty cost and expense of Tenant, and Tenant shall indemnify, defend, and hold harmless Landlord of and from all loss, cost and expense incurred by Landlord in the Tenant(s)enforcement of the provisions of this Section. Tenant(s) understands there will Tenant shall be no rent reductionsconsiderate of the parking needs of other tenants of the Building, adjustmentsand shall not violate the rights of other tenants of the Building. So long as Tenant shall continue to lease at least 61,380 rentable square feet, Tenant shall have the non-exclusive use of 172 parking spaces at the Building (this total includes handicapped parking spaces; provided, however, in the event any improvements, or other compensation due equipment located by Tenant on the Land consume any portion of the parking area located on the Land, the parking spaces affected shall be counted against the parking ratio available for use by Tenant at the Premises. Landlord shall act reasonably to repairs or interruptions of service except as provided enforce Tenant’s parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by lawLandlord.

Appears in 1 contract

Samples: Lease Agreement (Trimeris Inc)

Repairs and Maintenance. It is Landlord covenants and agrees, at its expense without reimbursement or contribution by Tenant, to keep, maintain, repair and replace, if necessary, the responsibility of foundations, the Tenant(sexterior, structural systems including, without limitation, the roof, roof covering (including interior ceiling if damaged by leakage) to notify the Landlord 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 and load-bearing walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result floor slabs and exterior masonry walls 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 good 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, materialrepair, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be replace the sole judge same as to what repairs are and when necessary. Landlord shall have no obligation to repair any defective conditionExcept for Landlord's obligations, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of 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 notify 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 all broken glass. Tenant(s) shall not paintinterior maintenance and repairs in the Demised Premises which are required throughout the Term, re-wallpaperincluding, without limitation, all mechanical, plumbing and electrical repairs and maintenance which are required to fixtures or otherwise redecorate or make alterations to systems located wholly within the Premises without the written consent of the Landlord. If 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 Demised Premises. In the event the Demised Premises become or are out of repair and not in good condition due to the failure of Landlord to comply with the terms of this Article 5, and if such repairs are not completed within ten (10) days after Landlord has received written notice from Tenant of such state of disrepair or if such repairs cannot reasonably be completed within such ten (10) day period and Landlord shall fail to commence such repairs within ten (10) days after notice and proceed diligently thereafter, then Tenant may prosecute such repairs itself and apply the cost of such repairs against the next maturing monthly installment or installments of rent due hereunder. Notwithstanding the foregoing, in the case of an emergency, Tenant shall have the Premises or surrounding areas right to immediately prosecute any and all necessary repairs and shall be damaged by fire, rain, wind, or other cause beyond the control deliver contemporaneous notification to Landlord of the Landlord or the Tenantemergency and related repairs, provided further that if contemporaneous notice is not practicable, as determined by Tenant in its sole judgment, then the Premises or surrounding areas Tenant shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive provide such notice as to render the Premises unfit for human habitation, the rent shall cease until such time soon thereafter as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawreasonably practicable.

Appears in 1 contract

Samples: Lease Agreement (Penn National Gaming Inc)

Repairs and Maintenance. It is During the responsibility entire term of this Lease the Lessee shall and agrees to, at its own cost and expense, make any and all proper or necessary repairs, alterations and replacements to the demised premises and keep and maintain all of the Tenant(s) to notify the Landlord immediately of any needed demised premises and every part thereof clean and in good order, condition and 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 as they shall be done by or under the direction upon commencement of the Landlordterm hereof, 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 reasonable 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, materialexcepted, and parts usedin compliance with all applicable laws and regulations and orders of public authority, which are whether now in effect or hereafter adopted or issued; and the responsibility of Lessor shall not be liable for or be called upon to make or do any repairs alterations, replacements, painting or maintenance in or upon 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 no obligation to repair demised premises or any defective condition, nor shall part or portion thereof under any defense or remedy be available to the Tenant(s), where the defective condition complained of 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 notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies whatsoever except in accordance with the Landlordterms and provisions of Paragraph 20 hereof. Provided, however, that Lessor shall be required to repair any defects in or to the leased premises which appear, notification of which is given in writing by Lessee to Lessor, during the first year of the term of said Lease, and which are due to improper or faulty construction or installation. The obligation of the Lessee with respect to repairs, alterations, replacements and maintenance as set forth in this paragraph is intended and understood to and shall cover and include but not be limited to the following: all plumbing, heating, cooling, ventilating, lighting, fire-Tenant Actprotection and utility installations, Tenant(sfixtures and apparatus; all roofs, walls and foundations; all painting, windows and glass; all stairways, doors, shades and shutters; all locks and hardware; all fences or enclosures; all ground surfacing, walks, aprons and curbs; and all planting and ornamentation. In the event the Lessee shall at any time during the term hereof fail, neglect or refuse to make or do any and all repairs, replacements or maintenance required to be made or done by it under the terms and provisions of this paragraph the Lessor, upon ten (10) must days written notice and the failure of the Lessee to make or do required repairs, alterations, replacements or maintenance within such time, may make or do such repairs, alterations, replacements or maintenance for the account of the Lessee, but shall be current under no obligation so to do, and any costs and expenses incurred or paid by the Lessor therefor shall be charged against the Lessee and shall be added to and deemed a part of and paid with the next installment of rental payable by the Lessee to the Lessor hereunder. The Lessee hereby waives the provisions of Section 1942 of the Civil Code of the State of California and any and all other statutes or laws, whether now in rentforce or hereafter adopted, permitting a tenant to make repairs at the expense or for the account of the owner or to terminate a lease by reason of the condition of the premises. Tenant(s) Lessee shall not be responsible for repair or replacement of any structural defects in the demised premises, that may appear, that are due to improper or faulty construction or installation. Lessee shall be responsible for all broken glass. Tenant(s) shall not paintthe repair or replacement of Lessee improvements, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) if 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawwhen needed.

Appears in 1 contract

Samples: Lease Agreement (Staar Surgical Company)

Repairs and Maintenance. It is Landlord shall maintain, or cause to be ----------------------- maintained in first class working condition, the responsibility common areas of the Tenant(s) to notify Building and the Landlord immediately land upon which it is situated, including without limitation the lobbies, elevators, stairs, and corridors, the roof, foundations, structural elements, building systems (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 needed repair of such repairs rendered necessary by the negligence or unsafe condition existing around misconduct of Tenant, its agents, customers, employees, independent contractors, guests 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 invitees (to the unitextent not released by Landlord pursuant to Section 18.2), then Tenant(s) becomes liable for cost the repair of resultant damage. All repairs necessary to maintain premises which shall be done paid for by or under Tenant within thirty (30) days of Landlord's written demand with backup invoices. Landlord shall not alter 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 existing windows of the Premises at (whether by addition of film or otherwise). Subject to Landlord's right of access pursuant to Article 17, Tenant shall be exclusively responsible for the time interior of the Tenant(s) took possession. Although Premises (other than structural elements of the Landlord repairs normal wear Building and tear items, portions of the adage “you broke it you pay to fix it” applies to Building systems within 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 callPremises), Tenant(s) will which shall be charged for the service call. Any repairs, including labor, materialmaintained by Tenant in good order and repair, and parts used, which are the 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 under no obligation to inspect the Premises or, except as otherwise expressly provided in this Lease, repair the Premises. Tenant shall promptly report in writing to Landlord any defective conditioncondition known to it which Landlord is required to repair, nor and failure to so report such defects shall make Tenant responsible to Landlord for any defense or remedy be available to the Tenant(s), where the defective condition complained of 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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 liability incurred 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, the rent shall cease until such time as the Premises 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(s), or someone in or on the Premises by reason of Tenant’s permission such conditions. Tenant hereby waives the right to make repairs at Landlord's expense under any law, statute 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 ordinance now or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawhereafter in effect.

Appears in 1 contract

Samples: Deed of Lease (Vialog Corp)

Repairs and Maintenance. It is (i) Tenant shall, subject to Landlord's obligations as hereunder provided, at all times during the responsibility Term of the Tenant(s) to notify the Landlord immediately of this Lease or any needed extension thereof, and at Tenant's sole cost and expense, keep, maintain and repair or unsafe condition existing around or in the Premises including but not limited to cracks and every portion thereof and every improvement therein, in the foundation, cracks in plaster, moisture in walls good 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 sanitary order and condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal (usual wear and tear itemsexcepted), including without limitation all necessary maintenance and repairs to all portions of the adage “you broke Premises, and all exterior entrances, all glass, window casements, show window mouldings, all partitions, doors, doorjams, door closers, or hardware, fixtures, equipment, electrical lighting and systems, plumbing and plumbing fixtures, ducts, pipes, wiring, conduits and all required air conditioning and healing systems repairs, exclusive of normal maintenance services. Tenant agrees that it you pay will not, nor will it authorize any person to fix it” applies go onto the roof of the Building without the prior written consent of Landlord. (ii) Landlord shall, subject to receiving Tenant's Percentage of Operating Expenses, maintain in good and sanitary condition and repair the Tenant(s) roof of the Building in which the premises are located and it applies during tenancy as well as at the end of tenancy. In additionnormal maintenance services for the HVAC for the Premises, 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, materialany, and parts used, which are paint the responsibility exterior of the Tenant(s), must be pre-approved Building within which the Premises are located as and when such painting becomes reasonably necessary in writing by the Landlord's sole discretion. Landlord shall not be required to make any repairs to the sole judge as to what repairs are necessary. roof unless and until Tenant has notified Landlord in writing of the need for such repair and Landlord shall have no obligation a reasonable period of time hereafter to repair commence and complete said repair. (iii) The cost of any defective condition, nor shall any defense or remedy be available to maintenance and repairs on the Tenant(s), where the defective condition complained part of 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 notify the Landlord of the condition or allow the Landlord access to the Premises provided 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) this Paragraph 16 shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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 considered Operating Expenses as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawherein defined.

Appears in 1 contract

Samples: Lease Agreement (Kofax Image Products Inc)

Repairs and Maintenance. It is A. Except as otherwise set forth in this Lease, Landlord, during the responsibility Term of this Lease, shall repair and maintain in good condition, and if necessary, replace all structural portions of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including Premises, including, but not limited to, the exterior walls, roof and foundations, pipes and conduits, and utility installations, and all repairs and replacements necessary to cracks put and maintain the exterior of the Premises and parking area (including, but not limited to, filling holes and resealing as necessary, but subject to normal wear and tear), including all improvements now or hereafter constructed thereon by Landlord, and all appurtenances thereto (including sewer and sewer connections, water and gas pipes) in substantially the foundationsame condition, cracks order and repair as existed on the 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 Tenant, its employees, agents, contractors, licensees or invitees, Tenant shall immediately reimburse Landlord upon Landlord’s delivery of an invoice for the reasonable and actual cost thereof, and no portion of such invoiced amounts shall be included in plasterFixed Rent. In addition, moisture but except as otherwise provided in walls this Lease, Landlord shall repair and ceilingmaintain the interior of the Premises, buckling sheetrock including, without limitation, windows, repairs and maintenance of those portions of the Premises that are of a structural nature or sidingwhich 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 leaksutility 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 immediately reimburse Landlord upon Landlord’s delivery of an invoice for the cost thereof; and no portion of such invoiced amounts shall be included in Fixed Rent. If Xxxxxx(s) fails Notwithstanding the foregoing, Landlord shall not, except as provided in Section 7 of this Lease, be required to immediately notify Landlord of visible problemsrepair, which result in damage alter or make any improvements 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 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 Project-Wide Protocols nor shall Landlord be required to repair, alter or make any improvements to the Premises or the Project which a third party supplier of services to the Premises is obligated to make under any separate written agreement with Tenant. B. Landlord, at the Landlord’s expense, except those caused during the Term shall maintain in good condition and make all repairs and replacements of the Project Infrastructure which serves other areas of the Project in addition to the Premises and will maintain jointly used Infrastructure in good condition and repair. As used herein, the term “Infrastructure” means electrical, mechanical, vertical transportation, sprinkler, fire and life safety, structural, security, heating, ventilation and air conditioning systems serving the Buildings and Project, including pipes, wiring, cabling, ducts and conduits forming an integral part of such systems. Tenant shall be responsible, at its sole cost and expense, to repair and maintain any supplemental air conditioning units, hot water heaters, plumbing and Infrastructure that exclusively serves only Tenant’s Facilities and the Premises and all of its tools, equipment and other property located in the Premises, including, but not limited to, its Facilities, equipment, tools and lifts. When Tenant believes that any of the HEPA filters in the Premises or servicing Tenant’s operations in the Premises (even if located outside the Premises) need to be replaced, Tenant shall so notify Landlord in writing and shall provide Landlord with all necessary information and specifications that Landlord or the third party or parties that actually perform the replacement will need to perform the work (the “Other Information”). Landlord shall prepare a specification for the replacement of the filter specified in the notice based on the HVAC Specifications and the Other Information which Tenant shall approve. Upon such approval, Landlord shall obtain a written bid from a third party contractor approved by negligence Landlord to do work at the Project for the cost that such third party will charge for the proposed work. Landlord shall submit such bid to Tenant and if Tenant finds such bid acceptable, Tenant will prepare and issue its purchase order for the work to be done. If Tenant issues its purchase order, Landlord shall act as the construction manager for such work and shall submit the invoice issued by the contractor upon completion of the work described in such purchase order to Tenant who shall pay such sum as Additional Rent to Landlord. In no event shall Landlord be liable for the cost to perform the work to replace the HEPA filters or acts for any defective work performed by the third party contractor. C. During the Term of Tenant(sthis Lease, Landlord, at its expense, shall provide proper, periodic and normal maintenance, repair and inspection for such heating and air conditioning equipment as exists upon the Premises in order to provide for the HVAC Specifications, the intent of which is to maintain the HVAC system in good condition and repair. If the HVAC equipment requires repairs or replacement of parts, or both, of a major or substantial nature (i.e., in excess of proper, periodic and normal maintenance and inspection), Tenant’s agentsthese repairs or replacements, or inviteesboth, which repairs shall be made by Landlord at its expense, unless Tenant’s misuse or abuse of same or any change in the sole cost HVAC Specifications necessitates the repair or replacement, or both. Examples of the Tenant(s). Such repairs shall be made to conform to the original condition “parts of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear a major or substantial nature” are compressors, boilers 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 additionfan units. D. Notwithstanding anything contained in this Section 12, if Landlord and Tenant have entered into 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 the responsibility separate written agreement with respect to Landlord’s use 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 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 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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, the rent shall cease until such time as the Premises 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(s), or someone in or on the Premises by reason some of Tenant’s permission or consentequipment located in the Premises as specified in that separate agreement, there the terms and conditions of that separate agreement shall be no reduction of rent control with respect to Landlord’s and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent Tenant’s rights and obligations with respect to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawsuch equipment.

Appears in 1 contract

Samples: Lease Agreement (Everspin Technologies Inc)

Repairs and Maintenance. It is Tenant shall, at its own cost and expense, keep and maintain the responsibility of Property in good, clean, first class condition and repair and make all necessary repairs and replacements to the Tenant(s) to notify the Landlord immediately of any needed repair Property, whether structural or unsafe condition existing around or in the Premises including non-structural, including, but not limited to cracks in to, the roof, exterior, foundation, cracks in plasterstructural and operational parts, moisture in walls equipment, paving, parking lots and ceilinglandscaping (including mowing of grass and care of shrubs), buckling sheetrock or sidingpipes, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problemswater, which result in damage to the unitsewage and septic system, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction heating system, plumbing system, window glass and all fixtures and appurtenances and all other portions of the LandlordProperty used in connection with the Land and Improvements so that the Improvements are in at least substantially the same condition as when received by Tenant, 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 reasonable wear and tear itemsand insured casualty excepted. If Tenant defaults in its obligation to make such repairs or replacements, which default continues after the adage “you broke it you pay to fix it” applies to expiration of any applicable notice and cure period provided herein, Landlord may, but shall not be required to, make such repairs and replacements for Tenant’s account, and the Tenant(s) actual expense thereof together with interest at the Default Rate thereon and it applies during tenancy an administrative fee of 15% of the cost thereof shall constitute and be collectible as well as Additional Rent. Tenant shall maintain at its sole cost and expense all portions of the Property in a clean and orderly condition, free of dirt, rubbish, snow, ice and unlawful obstructions. At least 14 days before 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 the 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 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 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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 Term of this Lease Lease, Tenant shall deliver to Landlord a certificate from an engineer reasonably acceptable to Landlord certifying that the HVAC, life safety, plumbing, electrical 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 mechanical systems in the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fireImprovements are then in good repair and working order, 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; wear and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction tear 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawinsured casualty excepted.

Appears in 1 contract

Samples: Sublease Agreement (iBio, Inc.)

Repairs and Maintenance. It is Landlord shall maintain the responsibility exterior of the Tenant(s) Facility, make all structural repairs thereto including the roof, exterior and load bearing walls (exclusive of interior maintenance of such items as paint), foundations, all exterior systems (unless used for the exclusive use of the Tenant), repair the sanitary or water pipes leading to notify the Landlord immediately of any needed repair or unsafe condition existing around or in from the Premises including but not limited due 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, failure from age (except those if such repair is caused by negligence or acts of Tenant(s)Tenants misuse, 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 and excluding normal wear and tear itemsitems such as flushing systems, the adage “you broke it you pay to fix it” applies faucets, and washers), ordinary and extraordinary, foreseen and unforeseen, to the Tenant(sextent same is not caused by Tenant's, its agents or representatives, visitors, deliverymen's misuse. Landlord shall maintain and keep the common sidewalks of the facility, in good order, repair and condition. Tenant shall be responsible for maintaining any sidewalks, ramps, stairs, and entrances used exclusively by the Tenant. Landlord shall clear snow and ice from the common sidewalks, roadways and parking lots. Tenant will clear snow and ice from any loading platform(s), entrance doorways, stairs, ramps, or ladders, entering the Demised Premises or used by Tenant. Tenant shall be responsible for proper disposal of its garbage, trash, debris, end product, by product or other waste, etc. in a proper manner, complying with all relevant rules and regulations. The Tenant shall be responsible for all interior maintenance of the premises, (other than structural repairs as herein noted), and Tenant agrees to: (a) Maintain all equipment, fixtures, HVAC equipment, and it applies during tenancy improvements in good repair and a sanitary, neat and clean appearance, free of any infestation. (b) Make all necessary repairs to the Demised Premises, and all equipment, fixtures, and improvements therein, except structural repairs as well as at heretofore made the end responsibility of tenancy. In additionothers. (c) Use all plumbing, if a Tenant(s) calls for maintenance electric, and other facilities safely and in the way for which they were intended. (d) Use no such maintenance is needed more electricity than the wiring or feeders were designed for, or can safely accommodate. (false call)e) Replace any and all broken windows in the Demised Premises. (f) Keep nothing dangerous, Tenant(sexplosive, flammable, or combustible, in the rental space that will increase the risk of fire. (g) will be charged for Promptly notify the service call. Any repairs, including labor, materialLandlord of conditions that need repair, and parts used, which promptly execute repairs that are the responsibility of the Tenant(s)Tenant. (h) Avoid littering on the building grounds, must be pre-approved in writing by including but not limited to, the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have 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 was caused littering by the Tenant's employees, Xxxxxx’s family, invitee, licenseeagents, or other person acting under the control or direction visitors of the Tenant(sTenant. Maintain the Tenant's area in such a manner to avoid the blowing or release of litter, rubbish, packaging materials, and the like from the premises or Tenants trash containers. Promptly clean up any spillage of trash from the Tenants trash removal contractor(s). (i) Do nothing to destroy the peace and quiet of the neighborhood, Landlord, other Tenants, or where people in the neighboring areas. (j) Promptly comply with all laws, orders, rules and requirements of all governmental authorities, insurance carriers, board of fire underwriters, or similar groups. (k) Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access maintain, and make all necessary repairs to the Premises for purposes of heating, ventilating, and cooling system(s) components in, and servicing, the repair. Before exercising any of the remedies in accordance with the Landlord-Premises. (l) Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for to make all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations necessary repairs and replacements to the Premises without the written consent of the Landlord. If 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, the rent shall cease until such time as the Premises 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(s), or 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 electrical system servicing the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.

Appears in 1 contract

Samples: Lease Agreement (Adpads Inc)

Repairs and Maintenance. It is 11.1 Throughout the responsibility term of this Lease, Lessee, at its sole cost and expense, will keep and maintain, or cause to be kept and maintained, the Tenant(sDemised Premises (including the grounds, sidewalks and curbs abutting the same) and the Personal Property in good order and condition without waste and in a suitable state of repair at least comparable to notify that which existed immediately prior to the Landlord immediately Commencement Date (ordinary wear and tear expected), and will make or cause to be made, as and when the same shall become necessary, all structural and non-structural, exterior and interior, replacing, repairing and restoring necessary to that end. All replacing, repairing and restoring required of any needed repair or unsafe condition existing around or Lessee shall be (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(sreasonable opinion of Lessor) 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, a quality 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 least equal to the original condition work and shall be in compliance with all standards and requirements of law, licenses and municipal ordinances necessary to operate the Demised 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 callskilled and/or intermediate care nursing home. Any repairs, including labor, material, and parts used, which items of Personal Property that are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord uneconomical to repair shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), replaced where the defective condition complained reasonable by items of 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 notify 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 like kind and all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and replacement items shall become part of the Personal Property. No items of Personal Property shall be removed from the Demised Premises except in connection with repair or replacement of such items. Lessee may place additional property on the Demised Premises (not required for the replacement of the Personal Property) and such additional property shall be and remain the Owner’s property of Lessee. Lessee may remove such additional property upon termination of this Lease and tenancy. Tenant(s) provided that Lessee shall not permit any act make such necessary repairs or thing deemed hazardous by Landlord due replacements as may be required in order to potential risk of fire or return the Demised Premises to the condition which will increase existed prior to 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 removal 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawadditional property.

Appears in 1 contract

Samples: Lease Agreement (LTC Healthcare Inc)

Repairs and Maintenance. It is A. Landlord shall, (i) at Landlord’s expense (unless otherwise provided for herein), keep the responsibility foundations, roof and structural portions of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including Building, including, but not limited to, the walls of the Premises, in good condition and repair, and (ii) subject to cracks reimbursement, as set forth below, replace the HVAC (as hereinafter defined) and/or any electrical systems that are in need of replacement (each, a “Landlord Replacement Item”). Notwithstanding the foundationforegoing, 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 repairs required to the unitforegoing items by reason of the acts or omissions of Tenant, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises Tenant’s employees, agents, invitees, licensees or contractors shall be done completed by or under the direction of the Landlord, at Txxxxx’s expense. Tenant shall give Landlord written notice of the necessity for repairs coming to the attention of Txxxxx, following which Landlord shall promptly undertake and complete such repairs. Landlord shall not be liable for any damage occasioned by its failure to keep the Premises in repair unless Landlord is obligated to make such repairs under the terms hereof, notice of the need for such repairs has been given Landlord, a reasonable time has elapsed following such notice, and Lxxxxxxx has failed to make such repairs. The provisions of this paragraph shall not apply in the case of damage or destruction by fire or other casualty or by eminent domain, in which events the obligations of Landlord shall be controlled by Paragraph 13 or Paragraph 15, as the case may be. In the event that Tenant contracts for or undertakes repairs which are Landlord’s expenseobligations hereunder, except those caused by negligence or acts without the prior written consent of Tenant(s)Landlord, Tenant’s agents, or invitees, which the costs of such repairs shall be made paid for by Tenant within ten (10) days of billing therefor. In the event a Landlord Replacement Item needs to be replaced (or a major repair in connection with the parking area pursuant to Section 11 hereunder is required), then Landlord shall pay for such replacement (or major repair) and Tenant shall reimburse Landlord the annual cost of such replacement (or major repair) which shall be amortized over its useful life. B. Except as provided above, Tenant shall keep the Premises and every part thereof, and any fixtures, facilities or equipment contained therein, in good condition and repair, including, but not limited to, the HVAC system (wherever located); the electrical, plumbing and sewer systems; the exterior doors, window frames and all portions of the storefront area, and shall make any replacements thereof and of all broken and cracked glass which may become necessary during the term of this Lease. If mold is found to exist on the Premises, which mold is the result of Tenant’s occupancy of the Premises, Tenant shall remove such mold at the Tenant’s sole cost of the Tenant(s)and expense. 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 the 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 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 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 notify 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 all broken glassentering into a maintenance contract with a licensed, reputable heating, ventilating and air conditioning (“HVAC”) contractor on an annual basis, for maintenance of HVAC systems servicing the Premises. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations At Landlord’s election and in addition to the Premises without the written consent any other rights of the Landlord. If 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 Landlord under this Lease or at law, if Tenant refuses or neglects to commence or complete repairs promptly and tenancy. Tenant(s) adequately, Landlord may make or complete said repairs, and Tenant shall not permit any act or thing deemed hazardous by pay the cost thereof to 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawupon demand.

Appears in 1 contract

Samples: Commercial Lease Agreement (INVO Bioscience, Inc.)

Repairs and Maintenance. It is 18.1. Landlord shall repair and maintain the responsibility structural and exterior portions and Common Areas of the Tenant(s) to notify Building and the Landlord immediately Project, including roofing and covering materials; foundations; exterior walls; plumbing; fire sprinkler systems (if any); heating, ventilating, air conditioning systems; elevators; and electrical systems installed or furnished by Landlord. 18.2. Except for services of any needed repair or unsafe condition existing around or in Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises including but not limited and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to cracks Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request, remove all telephone and data systems, wiring and equipment from the foundationPremises, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or repair 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 Premises 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 the 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 necessarythereby. Landlord shall have no obligation to repair alter, remodel, improve, repair, decorate or paint the Premises or any defective conditionpart thereof, nor other than as described in Exhibit B or as specifically set forth in this Lease. 18.3. Subject to Tenant’s rights under this Lease, Landlord shall not be liable for any defense failure to make any repairs or remedy to perform any maintenance that is an obligation of Landlord unless such failure shall persist for thirty (30) days following the date on which Tenant provides Landlord with written notice of the need of such repairs or maintenance; provided, however, that if the nature of such obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be available liable for any failure to make any repairs if Landlord commences performance of such repairs within such thirty (30) day period and thereafter diligently prosecutes the same to completion; and provided further, that this sentence does not modify Landlord’s obligations set forth in this Lease regarding the delivery condition of the Premises, Building and Project. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the Tenant(s)person causing or authorized to cause such excavation, where license to enter the defective condition complained Premises for the purpose of was caused performing such work as said person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction ordinary course of operation of the Tenant(s)Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses to the extent allowable under Article 9; provided that, subject to Section 23.7, if such costs are incurred due in whole or where in part to any act, neglect, fault or omissions of Tenant or its employees, agents, contractors or invitees, Tenant shall pay to Landlord the Tenant unreasonably fails reasonable cost of such repairs and maintenance. 18.7. Notwithstanding anything to notify the Landlord contrary in this Lease, in the event of the condition or allow the Landlord access an emergency that poses an imminent threat of harm to the Premises for purposes of or people or property within the repair. Before exercising Premises, Tenant shall have the right, but not the obligation, to take whatever action and perform whatever work is reasonably necessary to repair any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, portion or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part component of the Premises affected by such emergency. Prior to taking any such action or performing such work, Tenant shall use commercially reasonable efforts to contact Landlord (via phone, if necessary) and agrees not to take such action or perform such work if Landlord commits and is able to perform the Ownersame in at least an expeditious manner as Tenant is able to take such action or perform such work; provided, however, that if the emergency situation poses imminent material harm to Tenant such that advance notification to Landlord is not possible while still avoiding such harm, notification of Landlord may proceed concurrently with Tenant’s property upon termination taking such repair action. Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. To the extent the emergency situation addressed by Tenant under this paragraph is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such emergency situation is not Tenant’s sole responsibility under the terms and conditions of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Lease, then Landlord due agrees 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 reimburse Tenant for such portion of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense cost of the work performed by Tenant pursuant to this paragraph that is Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth ’s responsibility under this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act within thirty (30) days of the Tenant(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawinvoice.

Appears in 1 contract

Samples: Lease (Omeros Corp)

Repairs and Maintenance. It is Lessor shall keep or cause to be kept in good operating order and condition (reasonable wear and tear excepted) and, in a reasonable and timely manner, repair and maintain the responsibility Leased Premises, including but not limited to, the basic plumbing, heating, ventilating, air conditioning, roofing systems, and electrical systems installed or furnished by Lessor, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault of or omission of any duty by Lessee, its agents, servants, employees or invitees, in which case Lessee shall pay to Lessor, in addition to the amounts due hereunder, the reasonable cost of such maintenance and repairs. Lessor shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for ten (10) working days, or an unreasonable time given the circumstances, after Xxxxxx gives written notice of the Tenant(s) to notify need of such repairs or maintenance. There shall be no abatement of the Landlord immediately amounts due hereunder and no liability of Lessor by reason of any needed repair injury to or unsafe condition existing around interference with Xxxxxx’s operations arising from the making of any repairs, alterations or improvements in or to any portion of the Leased Premises, or in or to fixtures, appurtenances and equipment therein, unless Lessor determines in its reasonable discretion that the Leased Premises are not habitable or useable for the Permitted Use. In the event Lessor declares that the Leased Premises are not useable, in its reasonable discretion and in consultation with Lessee, Lessor shall first have the right to provide alternative space substantially comparable, as determined in the Lessor’s reasonable discretion, to the Leased Premises (the “Alternative Space”). Should Alternative Space be offered to the Lessee, there shall be no abatement of the amounts due hereunder. If Xxxxxx declares that the Leased Premises are not useable and does not offer Lessee Alternative Space, the amounts due hereunder shall be abated based on the number of days that Lessor determines in its reasonable discretion the Leased Premises are not useable for the Permitted Use. Lessee waives the right to make repairs at Lessor’s expense under any law, statute or ordinance now or hereafter in effect. Lessee shall bear the costs of all maintenance and repairs which are uniquely attributed to its use of the Leased Premises, including but not limited to cracks in any repairs or services by the foundationLessor’s Physical Plant Department beyond what is customary for Physical Plant to provide, cracks in plasteras determined by Lessor, moisture in walls and ceilingany repairs, buckling sheetrock maintenance, consulting services or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord monitoring of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs Leased Premises necessary to maintain premises GMP status or required for the Permitted Use by Lessee (“Specialized Maintenance”) provided by Lessor or by third parties at Lessor’s request. Lessee shall be done by or under the direction work with Lessor to secure services contracts for all Specialized Maintenance, in full observance of the LandlordLessor’s procurement policies and rules. The parties acknowledge that this Agreement shall supersede in its entirety that certain Service Level Agreement by and between the University of Louisville Physical Plant Department, Lessee, and the Institute for Cellular Therapeutics, dated January 1, 2015. So long as Lessee pays the prescribed rent and costs of Specialized Maintenance, and performs or observes all of the terms, conditions, covenants, and obligations of this Agreement required to be performed or observed by it hereunder, Lessee shall, at all times during the Landlord’s expenseTerm hereof, except those caused by negligence or acts of Tenant(s)have the peaceable, Tenant’s agentsquiet and effective enjoyment, or inviteespossession, which repairs shall be made at the sole cost occupancy, and use of the Tenant(s). Such repairs shall be made to conform to Leased Premises and the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear itemsassociated Common Areas without any unreasonable interference from Lessor; provided, 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 additionhowever, 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 the 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 Lessor shall have no obligation the right to repair any defective condition, nor shall any defense or remedy be available to enter the Tenant(s), where the defective condition complained of 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 notify the Landlord of the condition or allow the Landlord access to the Leased 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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 Section 12 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawAgreement.

Appears in 1 contract

Samples: Lease Agreement (Talaris Therapeutics, Inc.)

Repairs and Maintenance. It is Landlord will maintain the responsibility following in a clean and sanitary condition, reasonable wear and tear and any casualty covered by the provisions of Article XII of this Lease excepted, promptly (after actual notice) making all necessary repairs and replacements: the Building’s roof, roof deck including joists, downspouts, gutters and other portions of the Tenant(s) roof drainage system, foundation, exterior walls and the Common Areas. Landlord’s obligation to notify maintain the Landlord immediately Common Areas includes the regular mowing of any needed grass, trimming, weed removal and general landscape maintenance, exterior lighting, exterior signs and common sewage plumbing and the maintenance of all paved areas including driveways, parking lots and alleys. You will promptly after obtaining actual knowledge, give Landlord written notice of any defect or need for repairs to the Premises, Building or to the Common Areas, and after receipt of which Landlord will have a reasonable opportunity to repair the same or unsafe condition existing around cure such defect. Landlord’s liability with respect to any defects, repairs, or in maintenance or the Premises including but not curing of such defect for which Landlord is responsible under the provisions of this Lease will be limited to cracks in the foundationcost of such repairs or maintenance or the curing of such defect. Except as qualified by Paragraph 7.4(a) of this Lease, cracks in plasterthe term “walls” as used herein will not include windows, moisture in walls glass or plate glass, doors, special store front or office entry. Landlord will, at Landlord’s cost and ceilingexpense, buckling sheetrock or siding, or pay for the repair of 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 the 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 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 was resulting from and/or caused by the Tenant, Xxxxxx’s family, invitee, licensee, negligence or other person acting under the control or direction misconduct of the Tenant(s), or where the Tenant unreasonably fails to notify the a 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawParty.

Appears in 1 contract

Samples: Lease Agreement (MAKO Surgical Corp.)

Repairs and Maintenance. It is the responsibility 13.01 Tenant shall take good care of the Tenant(sDemised Premises and shall, at its sole cost and, subject to section 9.03 hereof, expense, promptly make all repairs, ordinary extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Building, as shall be required by reason of (i) to notify the Landlord immediately construction of any needed repair Tenant's Changes, (ii) the installation, use or unsafe condition existing around or operation of Tenant's Property in the Premises including but not limited to cracks Demised Premises, (iii) the moving of Tenant's Property in or out of the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or sidingBuilding, or (iv) the misuse or neglect of Tenant or any leaks. If Xxxxxx(sof its employees, agents or contractors; provided that (a) 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 any structural repairs necessary to maintain premises so required shall be done performed by Landlord 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 the responsibility of the Tenant(s), must be pre-contractors approved in writing by the Landlord. Landlord , at Landlord's option, at Tenant's sole cost and expense, and (b) reasonable wear and tear shall be the sole judge as to what repairs are necessaryexcepted. Landlord shall have 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 was caused by the Tenant, Xxxxxx’s familyat its sole cost and expense, inviteeshall replace all scratched, licensee, damaged or broken doors or other person acting under glass in or about the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Demised 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) and shall be responsible for all broken glass. Tenant(s) shall not paintrepairs, re-wallpapermaintenance and replacement of wall and floor coverings in the Demised Premises and for the repair and maintenance of all lighting fixtures therein (reasonable wear and tear excepted), or otherwise redecorate or make alterations to the Premises without extent resulting from the written consent of the Landlord. If written consent is givenitems specified in subsections (i) through (iv) above. 13.02 Except as expressly otherwise provided in this lease, such alterations Landlord 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 have no liability 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, the rent shall cease until such time as the Premises 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(s), or someone in or on the Premises Tenant by reason of Tenant’s permission any inconvenience, annoyance, interruption or consentinjury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this lease, there shall be no reduction or required by law, to make in or to any portion of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets the Building or paint the Demised Premises, moving furniture and wall hangings shall be or in or to the duty and expense fixtures, equipment or appurtenances of the Tenant(sBuilding or the Demised Premises provided that Landlord shall use due diligence with respect thereto, shall give Tenant prior notice of the necessity for any such work (except in an emergency). Tenant(s) understands there will , and shall use its reasonable efforts to minimize any disruption to Tenant's business (provided, however, that Landlord shall not be no rent reductionsrequired to use overtime labor). 13.03 Landlord shall keep and maintain the Building and its exterior, adjustmentsthe Building lobby and all common areas, or and the Building systems and facilities servicing the Demised Premises in good working order, condition and repair consistent with Class-A office buildings and, subject to Section 13.01 and Article 11, make all structural repairs and replacements as and when needed to the Demised Premises, except for those repairs and replacements for which Tenant is responsible pursuant to any other compensation due to repairs or interruptions provision of service except as provided by lawthis lease.

Appears in 1 contract

Samples: Lease (Novadigm Inc)

Repairs and Maintenance. It is the responsibility of the Tenant(s) to notify the Landlord 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 At the sole cost and expense of Tenant and throughout the Tenant(s). Such repairs terms hereof, Tenant shall be made to conform to keep and maintain the original Leased Premises in good order, condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear itemsrepair, the adage “you broke it you pay to fix it” applies to the Tenant(s) in a clean, sanitary 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 the 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 no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective safe condition complained of 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 notify 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-laws of the State in which the Leased Premises are located, and in accordance with all directions,, rules and regulations of the health officer, fire marshall, building inspector, or any other proper officer of the xxxxxxmental agencies having jurisdiction over the Leased Premises. Without limiting the foregoing, Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for maintenance, repair and replacement as needed of all broken glasselectrical, plumbing, ventilating and utility systems located on the Leased Premises (including the HVAC Facilities), all windows, window fittings and sashes, and interior and exterior doors, all fixtures within the Leased Premises, all interior walls, floors and ceilings, water heaters, termite and pest extermination, all of Tenant's improvements and trade fixtures. Tenant(s) Tenant shall not paintkeep and maintain the Leased Premises in accordance with all requirements of law concerning the manner, re-wallpaperusage and condition of the Leased Premises and appurtenances thereto, as the same shall be in effect from time to time. Tenant shall permit no waste, damage or otherwise redecorate or make alterations injury to the Premises without the written consent of the LandlordLeased Premises. If written consent is givenat any time and from time to time during the term hereof Tenant shall fail to make any maintenance, such alterations repairs or replacements in and to the Leased Premises as required in this Lease, Landlord shall have the right, but not the obligation, to 'enter the Leased Premises and to make the same for and on behalf of Tenant, and all sums so expended by Landlord shall be at the expense of the Tenant(s) deemed to be additional rent hereunder and shall become part of the Premises and the Owner’s property payable to Landlord 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawdemand.

Appears in 1 contract

Samples: Employment Agreement (Piedmont Bancorp Inc)

Repairs and Maintenance. It is (a) Tenant, at its sole cost and expense and throughout the responsibility Term of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in this Lease, shall keep and maintain the Premises including but in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all non-structural repairs necessary by virtue of Tenant’s actions or neglect to keep and maintain such good order and condition. Tenant shall not limited replace lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself and shall advise Landlord of Tenant’s desire to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leakshave Landlord make such repairs. If Xxxxxx(s) fails to immediately notify requested by Xxxxxx, Landlord of visible problems, which result in damage shall make such repairs to the unit, then Tenant(s) becomes liable Premises within a reasonable time of notice to Landlord and shall charge Tenant for cost of resultant damagesuch services at Landlord’s standard rate (such rate to be competitive with the market rate for such services). All repairs necessary made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to maintain premises those originally used in constructing the Building and the Premises. (b) Except as provided in subparagraph (a) of this article, Landlord shall be done by make 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 cause to be made at the sole cost of the Tenant(s). Such all repairs shall be made to conform to the original condition Premises and Building common area, all repairs which may be needed to the mechanical, HVAC, electrical and plumbing systems in and serving the Premises (excluding repairs to any supplemental HVAC systems, kitchens, any non-Building standard fixtures or other improvements or any other portions of the Premises at or fixtures, equipment and improvements therein requiring maintenance of a type or nature not customarily provided by Landlord to office tenants of 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 callBuilding), Tenant(s) will be charged for the service call. Any repairs, and all repairs to exterior windows and glass (including labor, material, caulking and parts used, which are the responsibility of the Tenant(sweatherstripping), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. (c) Landlord shall keep and maintain all common areas appurtenant to the Building and any defective sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, nor free of accumulation of dirt, rubbish, snow and ice, and shall any defense or remedy be available keep and maintain all landscaped areas in a neat and orderly condition. (d) Notwithstanding anything herein to the Tenant(s)contrary, where the defective condition complained of 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 repairs to notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture Building or Project and wall hangings its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, or contractor of Tenant shall be made by Landlord at the duty sole cost and expense of Tenant, payable on demand, except to the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions extent of service except as provided insurance proceeds received by lawLandlord.

Appears in 1 contract

Samples: Assignment of Lease (RAIT Financial Trust)

Repairs and Maintenance. It is Landlord shall maintain, or cause to be ----------------------- maintained, the responsibility common areas of the Tenant(s) to notify Building, such as lobbies, parking areas, HVAC, ducts, elevators, stairs, and corridors, the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundationroof, cracks in plasterfoundations, moisture in and exterior 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 LandlordBuilding, at and the Landlord’s expenseunderground utility and sewer pipes outside the exterior walls of the Building, if any, except those caused any of such repairs rendered necessary by the negligence or acts misconduct of Tenant(s)Tenant, Tenant’s its agents, customers, employees, independent contractors, guests or invitees, the repair of which repairs shall be made at the sole cost paid for by Tenant within thirty (30) days of the Tenant(s)Landlord's written demand. Such repairs Subject to Landlord's right of access pursuant to Article 17, Tenant shall be made to conform to exclusively responsible for the original condition interior of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear (except for mechanical, electrical, plumbing, HVAC, fire and tear itemslife safety, the adage “you broke it you pay to fix it” applies to the Tenant(s) all building standard lighting - bulbs, tubes, ballasts, lenses, hinges, locksets and it applies during tenancy as well as at the end of tenancy. In additionlatchsets, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false callceiling grid and tile, windows and blinds), Tenant(s) will which shall be charged for the service call. Any repairs, including labor, materialmaintained by Tenant in good order and repair, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be under no obligation to inspect the Premises or, except as otherwise expressly provided in this Lease, repair the Premises. Tenant shall promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair, and failure to so report such known defects shall make Tenant responsible to Landlord for any liability incurred by Landlord by reason of such conditions. Tenant hereby waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect; Tenant's sole judge as right to what repairs are necessaryrepair is expressly set forth hereinbelow. In the event that Landlord defaults under its obligations under this Section, Tenant shall promptly notify Landlord in writing of such default and Landlord shall have no obligation thirty (30) days within which to repair any defective conditioncure such default (or if such default is not capable of being cured within such time, nor Landlord shall any defense or remedy be available diligently proceed to the Tenant(scure such default), where the defective condition complained of 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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, the rent shall cease until such time as the Premises 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 eventevent that Landlord does not cure the default within such thirty (30) day period or does not diligently proceed to cure such default if such default is not capable of being cured within such thirty (30) day period, Tenant shall have the damage is caused by the act of the Tenant(s), or someone in or right to cure such default on the Premises by reason of Tenant’s permission or consent, there Landlord's behalf and Landlord shall be no reduction of rent and Tenant(s) shall be liable promptly reimburse Tenant for all costs of repair. Should Landlord notify Tenant(s) of intent to cleanreasonable, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided out-of-pocket expenses incurred by lawTenant in connection with such cure.

Appears in 1 contract

Samples: Assignment of Lease (Vialog Corp)

Repairs and Maintenance. It is (a) Landlord agrees that it shall at all times, at its sole cost and expense, keep the responsibility roof of the Tenant(s) to notify Building and the Landlord immediately of any needed repair or unsafe condition existing around or in structural walls (excluding windows, window glass, plate glass and all doors), the Premises including but not limited to cracks in structural floors, 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 structural beams/columns of the LandlordBuilding, at and 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 foundation 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 Building in good repair and condition, reasonable wear and tear itemsand 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 adage “you broke it you pay to fix it” applies structure of the Building or as a result of needed maintenance or repairs to the Tenant(s) and it applies during tenancy structure of the Building, then Landlord shall, at its expense, repair or replace any such exterior glass as well as at the end of tenancyneeded. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call)Landlord agrees that it shall at all times, Tenant(s) will be charged for keep the service call. Any repairsCommon Areas in good repair and condition, including labor, materialreasonable wear and tear excepted, and parts usedwill promptly make all repairs thereto which may be necessary during the Term of this Lease. Tenant agrees that the costs associated with the immediately preceding sentence shall be included in CAM Charges and paid by Tenant to Landlord as set forth in Section 4 above and subject to the limitations set forth in Section 4 above. In addition, subject to the provisions of Exhibit "B" attached hereto, prior to the date on which are the responsibility Landlord delivers possession of the Tenant(s)Premises to Tenant, must be pre-approved in writing by the Landlord. Landlord shall be test and evaluate the sole judge as to what repairs are necessary. Landlord shall have 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 was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction HVAC systems of the Tenant(s)Building and cause such HVAC system to be in good working order prior to such date. Except as specifically set forth herein, or where the Tenant unreasonably fails to notify 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 all broken glass. Tenant(s) shall not paintother maintenance, re-wallpaper, or otherwise redecorate or make alterations repair and replacements required to the Premises without and in connection with the Premises. Landlord shall not be liable to 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 under this Lease. (b) Other than those items for which Landlord shall be responsible in accordance with the provisions in Section 9(a) above, Tenant shall, at its own cost and expense, perform all maintenance, make all repairs, and replace any and all damages or injury to all or any part of the Premises, in order to keep the Premises in good, safe and clean condition and repair at all times, including, but not limited to repairing any damage or injury caused by Tenant or Tenant's agent, employees, invitees, licensees or visitors; provided, however, if Tenant fails to make the repairs or replacements within thirty (30) days of receipt of notice of the need for such repairs or replacements (or such longer or shorter period as may be reasonable under the circumstances), Landlord may, at Landlord's option, make the repairs or replacements and Tenant shall reimburse the actual cost plus fifteen (15%) percent overhead and administrative to Landlord on demand. Landlord hereby grants Tenant the license to have access to the roof of the Building solely for purposes of Tenant repairing, maintaining and replacing the air conditioning units serving the Premises, provided that Tenant shall be responsible for repairing any damage to the roof caused by Tenant or Tenant's employees, officers, servants, agents, contractors, subcontractors, assignees, sublessees, licensees or invitees or persons employed by any of them, and provided further that Tenant shall not cause or permit any act to occur which would invalidate any roof warranty or bond. (c) Tenant shall not commit or allow any waste or damage to be committed on any portion of the Premises, and at the termination of this Lease, by lapse of time or otherwise, Tenant shall deliver the Premises to Landlord in as good condition as at the date of first possession of Tenant, only ordinary wear and tear excepted. The actual cost and expense plus fifteen (15%) percent overhead and administrative of any repairs necessary to restore the condition of the Premises shall be borne by Tenant, and if Landlord undertakes to restore the Premises, it shall have the right of reimbursement against Tenant. (d) Throughout the Term of this Lease, Tenant shall be responsible for, among other items, the repairing or replacement of all fixtures installed by Tenant, windows (other than any exterior glass for which Landlord shall be responsible in accordance with the provisions in Section 9(a) above), glass (other than any exterior glass for which Landlord shall be responsible in accordance with the provisions in Section 9(a) above), plate glass (other than any exterior glass for which Landlord shall be responsible in accordance with the provisions in Section 9(a) above), locks, interior walls, floors, preventive and routine maintenance of and repair/replacement to the heating, ventilating and air conditioning systems and to the electrical, plumbing and sprinkler systems serving the Premises. Maintenance made under this subsection shall be made at Tenant's expense. Said mechanical unit requires periodic filter change and routine service and adjustments at least four times annually. Tenant agrees to enter into a preventive maintenance agreement with a service firm reasonably approved by Landlord to provide said maintenance during the Term of this Lease and any extensions thereof. A copy of said agreement or contract shall be supplied to the Landlord within thirty (30) days after occupancy and Tenant is subject to audit or inspection at all times to determine compliance. Provided that Tenant shall have fully and strictly complied with its obligations hereunder, if the compressor, condenser or other major components of the existing 20-ton or 5-ton air conditioning units servicing the Premises become in need of repair or replacement during the Term of this Lease, then the first $1,000 of repair or replacement cost per occurrence in the case of the 20-ton units and the first $500 in repair or replacement cost per occurrence in the case of the 5-ton unit shall be paid by Tenant and Landlord, at Landlord's cost and expense and not as a component of CAM Charges, shall pay the reasonable repair and/or replacement costs per occurrence in excess thereof, provided that Landlord's prior written consent of the Landlordnature and scope of the repair and replacement and cost thereof is obtained by Tenant, which consent by Landlord shall not be unreasonably withheld. If written consent is given, such alterations Tenant shall further enter into a pest control maintenance contract with a professional pest control company. (e) The following event shall be at deemed to be an event of default by Landlord under this Lease: Landlord shall fail to comply with the expense covenant made by Landlord under Section 9(a) above to maintain and repair the roof of the Tenant(sBuilding in accordance with the terms and provisions of Section 9(a) 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 cure such failure within thirty (30) days after receipt by Landlord and any mortgagee of Landlord of written notice thereof by Tenant; provided, however, if such default is of a nature that it can be cured and if Landlord in good faith commences to cure such default within such cure period, but due to potential risk the nature of fire or which will increase the rate such default it could not be cured within such cure period after due diligence, no event of insurance on said Premises. In case the Premises or surrounding areas default shall be damaged by fire, rain, wind, or other cause beyond deemed to have occurred at the control end of the cure period if Landlord or the Tenant, is then the Premises or surrounding areas shall be repaired within a reasonable time at the expense diligently pursuing such cure to completion and completes such cure as promptly as reasonably possible under all of the circumstances. Upon the occurrence of the aforesaid event of default by Landlord; , while the condition which gave rise to the event of default continues, Tenant shall have the option to perform such obligation which Landlord has failed to perform, and in case the damage is so extensive as actual reasonable amount of the cost and expense incurred by Tenant to render the Premises unfit for human habitation, the rent shall cease until perform such time as the Premises will be put in repair. In case of total destruction, the rent obligation shall be paid until the time of such destruction and from thenceforth this Lease Agreement by Landlord to Tenant. Tenant shall cease and come to an end. In the event, the damage is caused by the act provide Landlord with copies of the Tenant(s), invoice or 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 Premises, moving furniture and wall hangings shall be the duty and expense other written evidence of the Tenant(s)costs and expenses incurred by Tenant for which Tenant claims reimbursement. Tenant(sIf Landlord shall fail to pay such costs and expenses within thirty (30) understands there will be no rent reductionsdays after written demand therefor, adjustments, or other compensation Tenant shall have the right to deduct the amount due by Landlord to repairs or interruptions of service except Tenant hereunder as provided by lawan offset from Base Rent next due hereunder.

Appears in 1 contract

Samples: Lease Agreement (Serologicals Corp)

Repairs and Maintenance. It is SECTION 1. Landlord shall keep and maintain the Building and its fixtures, appurtenances, systems and related facilities (including the central heating, ventilating and air conditioning systems and the central or core elevator and plumbing systems), serving the Demised Premises and the Building, in good working order, condition and repair (but any auxiliary or supplementary heating, ventilating or air conditioning units or equipment, plumbing fixtures, serving only the Demised Premises shall be Tenant's responsibility under Section 2 hereof), and Landlord shall make all repairs to preserve the strength of the Tenant(s) to notify structural components of the Landlord immediately of any Building, interior and exterior, as and when needed repair or unsafe condition existing around or in the Premises Building, except as indicated in the second sentence of Section 2 hereof, except further for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease, and subject to all other provisions of this Lease, including but not limited to cracks in the foundationprovisions of Article 13. SECTION 2. Tenant shall take good care of the Demised Premises and the fixtures and appurtenances therein and thereto (including, cracks in plasterwithout limitation, moisture in walls windows and ceiling, buckling sheetrock or sidingdoors adjoining, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problemsused exclusively in connection with, which result in damage to the unitDemised Premises, 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, and 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 its sole cost of the Tenant(s). Such and expense shall pay for all repairs shall be made thereto, as and when needed to conform to the original preserve them in good working order and 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 except as well as at the end of tenancyotherwise provided in Section 1 hereof. In addition, if a Tenant(sTenant, at its sole cost and expense, shall pay for all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises, the Building and the Complex as shall be required by reason of (a) calls for maintenance for which no the performance or existence of work by Tenant necessary to suit the Demised Premises to Tenant's initial occupancy (other than work performed by Landlord) or in connection with Tenant's Changes, (b) the installation, use or operation of Tenant's Property in the Demised Premises, (c) the moving of Tenant's Property in or out of the Building, or (d) the misuse, neglect or improper conduct of Tenant or any of its employees, agents, or contractors. As soon as any such maintenance repair is needed required, Tenant shall notify Landlord, who shall, in turn, at its option, either make such repair (false callat Landlord's Charge), Tenant(s) will be charged for the service callor notify Tenant to make such repairs. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord All such repairs shall be of quality and class at least equal to the sole judge original work or construction. The provisions of this Section 2 shall not apply in the case of fire or other casualty damage covered by Article 13 hereof. SECTION 3. Except as to what repairs are necessary. expressly otherwise provided in this Lease and in instances caused by Landlord's negligent or otherwise wrongful act or omission, Landlord shall have no obligation liability to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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, the rent shall cease until such time as the Premises 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(s), or someone in or on the Premises by reason of any inconvenience, annoyance, interruption or injury to Tenant’s permission 's business arising from Landlord or consentany tenant making repairs or changes or performing maintenance services, there whether or not Landlord is required or permitted by this Lease or by law to make such repairs or changes or to perform such services in or to any portion of the Building or the Demised Premises, or in or to the fixtures, equipment, or appurtenances of the Building or the Demised Premises, provided that Landlord shall be no reduction reasonably diligent with respect thereto and shall perform such work, except in case of rent emergency, at times reasonably convenient to Tenant and Tenant(s) otherwise in such a manner and to the extent practicable as will not unreasonably interfere with Tenant's use and occupancy of the Demised Premises. SECTION 4. When used in this Lease the term "repair" shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent deemed to clean, replace carpets or paint the Premises, moving furniture include restoration and wall hangings shall replacement as may be the duty necessary to achieve and/or maintain good working order and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawcondition.

Appears in 1 contract

Samples: Lease Agreement (Atlas Air Inc)

Repairs and Maintenance. It is the responsibility of the Tenant(s(i) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundationExcept as otherwise expressly provided herein, 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 the 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 no obligation to maintain, replace, or repair the Premises, or any defective conditionimprovements, nor equipment or fixtures located therein. Tenant shall any defense or remedy be available inspect the Addition and the New Improvements prior to taking possession thereof. Upon taking possession and subject to the Tenant(sprovisions of Subsection 4(a), where Tenant shall be deemed to have accepted the defective Premises "AS IS" except for punchlist items which Tenant notifies Landlord of within thirty (30) days of taking possession of the Addition. (ii) Tenant shall, at its own risk and expense keep and maintain all structural and non-structural parts of the Premises in good order, condition complained and repair. All such repairs or replacements shall be performed in a good and workmanlike manner and in compliance with the laws and other requirements of was caused by all federal, state and municipal governments, including the Tenantappropriate boards, Xxxxxx’s family, invitee, licensee, commissions and underwriting agencies or other person acting bodies now or hereafter exercising similar rights and powers. If Tenant shall fail to make such repairs within a reasonable time after such repairs become necessary or, if, in Landlord's judgment, such repairs are not completed in a good and workmanlike manner, then Landlord may notify Tenant in writing setting forth the repairs which Landlord reasonably determines need to be made. If Tenant fails to make such repairs or replacements within fifteen (15) days after receiving such notice from Landlord, then Landlord shall have the right (but not the obligation) to enter the Premises and make such repairs or replacements as may be necessary under the control circumstances. Such repairs made by Landlord shall be charged to and paid by Tenant as Additional Rent and shall be paid to Landlord within thirty (30) days after a bill or direction bills xxx such charges is presented to Tenant. (iii) At the termination of this lease, Tenant shall deliver up the Premises broom clean, free of contamination by hazardous or toxic substances, including petroleum or petroleum products, located on the Premises as a result of the Tenant(s)act or omission of Tenant or its Agents, or where and in the same good and sanitary order and condition as existed at the beginning date of this lease, normal wear and tear excepted. (iv) Tenant unreasonably fails to notify shall at all times during the Landlord term of the condition or allow the Landlord access this lease provide and maintain reasonable security as to the Premises for purposes and maintain heat in the Premises sufficient to keep the Premises at a minimum temperature of 35 degrees Fahrenheit, unless otherwise agreed between the parties hereto or unless otherwise impossible due to factors outside of the repairTenant's control, in which event Tenant shall give immediate written notice to Landlord of its inability to comply with this Subsection (iv). (v) Tenant shall at all times keep the loading docks, stoops and staixx xxxacent to and serving the Premises in a safe condition reasonably free of dirt, grime, snow and ice. (vi) Tenant shall not load the concrete floor slab with loads in excess of 500 psf except as otherwise provided in the Plans and Specifications. Before exercising any To the extent the floor is damaged as a result of the remedies in accordance with the Landlord-excess loading, Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for and shall repair, at its sole cost, any such damage. (vii) Except as specifically otherwise provided in this Section (c) and in Section 14, Tenant at its sole expense shall maintain the Premises in good order and condition, promptly make all broken glass. Tenant(s) shall not paintrepairs necessary to maintain such condition, re-wallpaper, or otherwise redecorate or make alterations and repair any damage to the Premises without caused by Tenant or its Agents. All repairs made by Tenant shall utilize materials and equipment which are comparable to those originally used in constructing the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) Building 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 When used in case the damage is so extensive as to render the Premises unfit for human habitationthis Section (c), the rent term "repairs" shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction include replacements 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawrenewals when necessary.

Appears in 1 contract

Samples: Deed of Lease (Elizabeth Arden Inc)

Repairs and Maintenance. It is the responsibility 15.01 Subject to Landlord's obligations under Section 15.02, Tenant shall take good care of the Tenant(s) to notify the Landlord 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 interior of the LandlordDemised Premises and the fixtures and appurtenances therein, and 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 its sole cost of the Tenant(s). Such and expense shall make all repairs shall be made thereto, as and when needed to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear preserve them in good working order 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 tenancycondition. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call)Tenant, Tenant(s) will be charged for the service call. Any at its expense, shall promptly make all repairs, including laborordinary or extraordinary, materialinterior or exterior, structural or otherwise, in and about the Demised Premises and the Building as shall be required by reason of (i) the performance or existence of work by Tenant necessary to suit the Demised Premises to Tenant's initial occupancy or Tenant's work, (ii) the installation, use of 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. Tenant shall not be responsible, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be responsible, for any repairs to the sole judge Demised Premises as to what repairs are necessary. required by reason of Landlord's neglect or other fault in the manner of performing any work as part of Landlord's Work or Tenant's work which may be undertaken by Landlord for Tenant's account or as are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or contractors. 15.02 Landlord shall have no obligation to repair any defective conditionkeep and maintain the Building and its fixtures, nor shall any defense or remedy be available appurtenances, systems (including, HVAC, plumbing and electrical systems providing service to the Tenant(s), where the defective condition complained of 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(sDemised Premises) and shall become part of facilities serving the Demised Premises and the Owner’s property upon termination of this Lease Common Areas, in good working order, condition and tenancy. Tenant(s) repair and 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 firemake all structural repairs, raininterior and exterior, 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.indicated in Section 15.01, as and when needed in the Building, except for those repairs for which Tenant is responsible pursuant to any

Appears in 1 contract

Samples: Lease (At Plan Inc)

AutoNDA by SimpleDocs

Repairs and Maintenance. It 10.01 Tenant shall make (a) non-structural repairs and replacements to the Improvements necessary to keep and maintain the Improvements in the condition in which they were on the Commencement Date, and (b) repairs and replacements necessitated by Tenant's acts or negligence; except that Tenant shall not be liable for any repairs and replacements required as a result of ordinary wear and tear, or for which Landlord is the responsibility obligated pursuant to this Article 10. Landlord shall assign and transfer to Tenant any warranty or guaranty received by Landlord from any party who may have supplied labor, or services and/or materials with respect to any portion of the Tenant(s) Premises which Tenant is required to notify the Landlord immediately of any needed repair or unsafe condition existing around replace pursuant to this Lease. 10.02 Landlord shall make (a) repairs and replacements (other than those which Tenant is obligated to make under the terms of this Lease) which may be necessary to keep and maintain the Improvements in good repair,, order and condition, including without limitation, the roof, exterior walls, concrete floor slabs, foundations, beams, columns, joists, masonry walls and load bearing partitions, and all other structural portions of the buildings, and (b) repairs and replacements, though interior and non-structural, necessitated by Landlord's acts or in negligence. Tenant shall permit Landlord to enter upon the Premises including but not limited at all reasonable times during normal business hours to cracks in examine the foundation, cracks in plaster, moisture in walls condition of the Improvements and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify make such repairs and replacements thereto as Landlord of visible problems, which result in damage is required to the unit, then Tenant(s) becomes liable for cost of resultant damagemake pursuant to this Lease. All such repairs necessary to maintain premises and replacements made by Landlord shall be done by at such time and in such manner as to cause as little inconvenience and disruption as possible to Tenants business operations in or under on 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 Premises. 10.03 If 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 the 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 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 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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, raincasualty, wind, act of God or other cause beyond or happening, to an extent which in the control reasonable judgement of Tenant impairs the use or occupancy of the Landlord Premises as an automobile or truck dealership, the Tenant, then in its reasonable discretion, shall have the Premises or surrounding areas shall be repaired within a reasonable time at the expense right, by giving notice to Landlord of the Landlord; and in case the damage is so extensive any such happening, to terminate this Lease as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction happening; and from thenceforth this Lease Agreement Tenant's obligation to pay the Rents shall cease and come the Rents paid shall be apportioned and the unearned portion shall be refunded to an endTenant. In the eventevent this Lease is so terminated, any and all proceeds from the damage is caused by insurance coverage referred to in Section 5.02 and 5.03 shall be assigned to Landlord or the act of first mortgagees, as the Tenant(s)case may be. If Tenant does not elect to terminate this lease, Landlord shall expeditiously rebuild and restore the Premises as nearly as practicable to the condition existing immediately prior to such damage, destruction, demolition or someone in or on removal and the Rents will abatx xxxing the period that Tenant does not use the Premises by reason of Tenant’s permission such happening or consent, there the rebuilding and restoration of the Premises. 10.04 If the Premises shall be no reduction damaged by any aforesaid happening to an extent which in the reasonable judgement of rent Tenant does not impair the use or occupancy of the Premises as an automobile or truck dealership, then Landlord shall expeditiously rebuild and Tenant(s) restore the Premises as nearly as practicable to the condition existing immediately prior to such damage, destruction, demolition or removal and the Rents shall be liable for abatx xxx rata during the period that Tenant is deprived of the use of all costs or any portion of repair. Should Landlord notify Tenant(s) the Premises by reason of intent to clean, replace carpets or paint such happening and the rebuilding and restoration of the Premises, moving furniture . 10.05 Upon the completion of any rebuilding and wall hangings shall be the duty and expense restoration of the Tenant(s). Tenant(s) understands there will be no rent reductionsPremises and the receipt by Tenant of a certified statement of the cost thereof, adjustmentsTenant shall reimburse Landlord for the portion of such costs that are covered by the fire and extended coverage insurance permitted under Section 5.02, or other compensation due to repairs or interruptions of service except as provided by lawless the permitted deductible.

Appears in 1 contract

Samples: Lease Agreement (Sunbelt Automotive Group Inc)

Repairs and Maintenance. It is LESSEE shall, at its own expense, keep and maintain the responsibility interior of the Tenant(s) building, including painting the doors, and keeping all mechanical equipment in good condition and repair, so as to notify the Landlord immediately of any needed repair or unsafe condition existing around or tender it to LESSOR at Lease termination, broom clean and in the Premises including but not limited to cracks in same condition as received, ordinary wear and tear, damage by fire or other casualty and 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 elements or acts of Tenant(s)God excepted. LESSOR shall, Tenant’s agentsat its own expense, keep and maintain the structural and exterior (excluding cosmetics, painting or hairline cracks which are not structural or cracks which are caused by LESSEE's negligence) portions of the building except LESSOR SHALL HAVE NO RESPONSIBILITY WHATSOEVER FOR MAINTENANCE OF ROOF DRAINS. LESSOR shall, at or before Commencement Date or as soon thereafter as possible (LESSOR using best efforts) assign to LESSEE all equipment warranties and guaranties received by it with respect to the improvements. LESSOR shall cause the plumbing, heating, electric and roofing subcontractors to guarantee their work for a minimum of one (1) year, or inviteessuch longer period as may be customary, which repairs to the extent LESSOR is able to obtain same, after using its best efforts, from said subcontractors and shall deliver said guaranties to LESSEE at or before the Commencement Date, or as soon thereafter as possible (LESSOR using best efforts). LESSOR warrants the original building, equipment and paved areas to be made at free from defects in labor, material or design for a period of one year from the sole cost Commencement Date of the Tenant(s)Lease. Such During said period, LESSOR shall repair, replace or otherwise correct any such defects or deficiencies promptly upon receipt of written notice from LESSEE. Said written notice must be received On or before the expiration of said one year period. If notice is timely, LESSOR shall have the continuing responsibility to remedy said defect. LESSEE, following said first year, shall, at its own expense, make all repairs shall be made to conform to and provide for the original condition maintenance of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear heating plant, air conditioning or air cooling units, plumbing 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 the 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 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 was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or all other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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, the rent shall cease until such time as the Premises 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(s), or someone in or fixtures 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 leased Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.

Appears in 1 contract

Samples: Lease Agreement (Reflectone Inc /Fl/)

Repairs and Maintenance. It is the responsibility of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation13.1 Tenant agrees at all times, cracks in plaster, moisture in walls from 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 after Tenant taking possession of the Premises pursuant to the provisions of Paragraph 2.1, and at Tenant's own cost and expense, to repair, replace and maintain in good and tenantable condition the Premises and every part thereof (except that portion of the Premises to be maintained by Landlord as hereinafter provided), and including without limitation all such items of repair, maintenance, alteration and improvement or reconstruction as may at any time or from time to time be required by a governmental agency having jurisdiction thereof. All glass, both exterior and interior, is the Tenant(s) took possessionsole risk of Tenant, and any glass broken shall be promptly replaced by Tenant with glass of the same kind, size and quality. Although Subject to the foregoing provisions hereof, Landlord repairs normal wear shall keep and tear itemsmaintain in good and tenantable condition and repair, 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 additionroof, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call)exterior walls, Tenant(s) will be charged for the service call. Any repairs, including labor, material, and structural parts used, which are the 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 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 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and structural floor, pipes and conduits outside the Owner’s property Premises for the furnishing to the Premises of various utilities (except to the extent that the same are the obligation of the appropriate public utility company); provided, however, that Landlord shall not be required to make repairs necessitated by reason of the negligence of Tenant or anyone claiming under the Tenant, or by reason of the failure of the Tenant to perform or observe any covenants, conditions or agreements in this Lease contained, or caused by any alterations, additions or improvements made by Tenant or anyone claiming under Tenant. Anything to the contrary contained in this Lease notwithstanding, Landlord shall not in any way be liable to Tenant for failure to make repairs as herein specifically required of Landlord unless Tenant has previously notified Landlord, in writing, of the need for such repairs and Landlord has failed to commence and complete said repairs within a reasonable period of time following receipt of Tenant's written notification. It is understood and agreed that Landlord shall be under no obligation to make any repairs, alterations, renewals, replacements or improvements to and upon termination the Premises or the mechanical equipment exclusively serving the Premises at any time except as in this Lease expressly provided. As used in this Section 13 the expression "exterior walls" shall not be deemed to include plate glass, window cases or window frames, doors or door frames, security grilles or similar enclosures. 13.2 Upon any surrender of the Premises, Tenant shall redeliver the Premises to Landlord in good order, condition and state of repair, ordinary wear and tear and casualty damage excepted. 13.3 Tenant further covenants and agrees that Landlord may enter upon the Premises at all reasonable times after giving reasonable notice to Tenant, and make any necessary repairs to the Premises and perform any work therein (i) which may be necessary to comply with any laws, ordinances, rules or regulations of any public authority or of the Insurance Service Office or of any similar body if Tenant fails to perform such work or (ii) that Landlord may deem necessary to prevent waste or deterioration in connection with the Premises if Tenant does not make or cause such repairs to be made or performed promptly after receipt of written demand from Landlord or (iii) that Landlord may deem necessary to perform construction work incidental to any portion of the Building adjacent to, above, or below the Premises. Nothing herein contained shall imply any duty on the part of Landlord to do any such work which under any provision of this Lease and tenancyTenant may be required to do, nor shall it constitute a waiver of Tenant's default in failing to do the same. Tenant(sAll entries by Landlord upon the Premises shall be in a reasonable manner, so as not to unreasonably interfere with or inconvenience Tenant in the conduct of its business. No exercise by Landlord of any rights herein reserved shall entitle Tenant to any damage for any injury or inconvenience occasioned thereby unless caused by the landlord's intentional or negligent act or omission nor to any abatement of rent. Tenant shall pay the cost of any work Landlord performs which is Tenant's responsibility, together with interest thereon at the maximum rate permitted by law, to Landlord as additional rent within five (5) days after receipt of a xxxx therefor. 13.4 Landlord or its agents shall not permit be liable for any act damage to property entrusted to employees of the Building (if any), nor for loss or thing deemed hazardous damage to any property by Landlord theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to potential risk the negligence of Landlord, its agents, servants, or employees. Landlord and Landlord's agents shall not be liable for interference with the light or other incorporeal hereditaments or for loss of business by Tenant. Tenant shall give prompt notice to Landlord in case of fire or which will increase the rate of insurance on said Premises. In case accidents in the Premises or surrounding areas shall be damaged by firein the Building or of defects therein or in the fixtures or equipment. Tenant, rain, wind, or other cause beyond the control as a material part of the Landlord consideration for this Lease, hereby assumes all risk or the Tenantdamage to property or injury to persons in, then the Premises upon 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, the rent shall cease until such time as the Premises 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(s), or 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 about the Premises, moving furniture from any cause other than Landlord's negligence, and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawTenant hereby waives all claims in respect thereof against Landlord.

Appears in 1 contract

Samples: Office Lease (Scripps Financial Corp)

Repairs and Maintenance. It is (a) Landlord shall maintain, repair and replace only the responsibility roof, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness and sufficiency for water repellence of the Tenant(sexterior walls and exterior doors of the Building in good operating condition, repair, reasonable wear and tear excepted. Tenant shall repair, replace and pay for, any damage to the foregoing caused by the negligence of Tenant or Tenant's employees, agents or invitees, or caused by Tenant's default hereunder. The term "walls" as used herein shall not include windows, glass or plate glass, exterior doors, special store fronts or office entries. Tenant shall immediately give Landlord written notice of defect or need for repairs, after which Landlord shall have reasonable opportunity to repair same or cure such defect. Landlord's liability with respect to any defects, repairs or maintenance for which Landlord is responsible under any of the provisions of this Lease shall be limited to the cost of such repairs or maintenance or the curing of such defect. (b) to notify the Landlord immediately Tenant shall at its own cost and expense maintain, repair and replace all parts of any needed repair or unsafe condition existing around or in the Premises including (except those for which Landlord is expressly responsible under the terms of this Lease, or which have been damaged due to the negligence or willful acts of Landlord) in good condition except for ordinary wear and tear, promptly making all necessary repairs and replacements, including, but not limited to cracks in to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris from the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaksPremises. 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 Tenant shall not 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 the 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 no obligation obligated to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused casualty covered by the Tenantinsurance to be maintained by Landlord pursuant to subparagraph 10(a) below. (c) If either party hereto shall fail to fulfill its obligations under this paragraph, Xxxxxx’s family, invitee, licensee, or the other person acting under party hereto may enter upon the control or direction area of the Tenant(s), Building or where the Tenant unreasonably fails Premises as required to notify conduct the Landlord obligations of the condition or allow defaulting party, and shall be entitled to reimbursement from the Landlord access defaulting party for its actual costs and expenses in conducting such obligations. The defaulting party shall reimburse the other party hereto for its actual costs and expense promptly upon demand made by the other party hereto. The provisions of this subparagraph shall not be interpreted to the Premises for purposes obligate either party hereto to conduct obligations of the repair. Before exercising any other party hereto. (d) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the remedies in accordance with the Landlord-Tenant ActPremises, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paintand removal and replacement of filters, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part enter into a janitorial contract providing for the daily cleaning of the Premises and the Owner’s property removal of all trash and debris. These contracts shall be with parties and upon termination such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the execution of this Lease and tenancy. Tenant(sLease. (e) Tenant shall not permit damage any act demising wall of the Building, or thing deemed hazardous disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (f) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord due in writing, subject to potential risk reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of fire or which will increase ingress and egress of other tenants. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlord. Tenant shall have the rate non-exclusive right to use parking on the Land 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 up to four parking spaces per each 1,000 rentable square foot 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.

Appears in 1 contract

Samples: Lease Agreement (Sciquest Com Inc)

Repairs and Maintenance. It is the responsibility 15.01. Tenant shall take good care of the Tenant(sDemised Premises and the fixtures and appurtenances therein, and at its sole cost and expense shall make all repairs thereto, as and when needed to preserve them in good working order and condition. In addition, Tenant, at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Buildings as shall be required by reason of (i) the performance or existence of work by Tenant necessary to notify suit the Landlord immediately Demised Premises to Tenant's initial occupancy or Tenant's work (ii) the installation, use or operation of any needed repair or unsafe condition existing around or 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. Tenant shall not be responsible, and Landlord shall be responsible, for any repairs to the Demised Premises as are required by reason of Landlord's neglect or other fault in the manner of performing any work included in the Work Letter or Tenant's work 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. Tenant, at its sole cost and expense, shall provide and pay for its cleaning and janitorial services to the Demised Premises. 15.02. Landlord shall keep and maintain the Building and its fixtures, appurtenances, systems and facilities serving the Demised Premises, in good working order, condition and repair and shall make all structural repairs, interior and exterior, except as indicated in Section 15.01 as and when needed in the Building, except for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease, and subject to all other provisions of this Lease, including but not limited to cracks the provisions of Article 21. 15.03. Except as expressly otherwise provided in the foundationthis Lease, 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 the 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 no obligation liability to repair Tenant by reason of any defective conditioninconvenience, nor shall annoyance, interruption or injury to business arising from Landlord or any defense tenant making any repairs or remedy be available changes or performing maintenance services, whether or not Landlord is required or permitted by this lease or by law to make such repairs or changes or to perform such services in or to any portion of the Building or the Demised Premises, or in or to the Tenant(s)fixtures equipment or appurtenances of the Building or the Demised Premises, where provided that Landlord shall be reasonably diligent with respect thereto and shall perform such work, except in case of emergency, on reasonable notice and at times reasonably convenient to Tenant and otherwise in such manner and to the defective condition complained extent practical as will not unreasonably interfere with Tenant's use and occupancy of was caused the Demised Premises. 15.04. Any reservation of a right by Landlord to enter upon the TenantPremises and to make or perform any repairs, Xxxxxx’s family, invitee, licenseealterations, or other person acting under the control or direction of the Tenant(s)work in, to, or where about the Tenant unreasonably fails to notify Premises which, in the Landlord of first instance, is the condition or allow the Landlord access Tenant’s obligation pursuant to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant ActLease, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, be deemed to: (a) impose any obligation on Landlord to do so; (b) render Landlord liable to Tenant or any third party for the failure to do so; or (c) relieve Tenant from any obligation to indemnify Landlord as otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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 provided elsewhere in 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawLease.

Appears in 1 contract

Samples: Lease Agreement (Clean Diesel Technologies Inc)

Repairs and Maintenance. It is Section 7.1 Throughout the responsibility Term, Tenant covenants and agrees to take good care of the Tenant(s) Demised Premises at its sole cost and expense, including, without limiting the generality of the foregoing, the plumbing, heating, ventilating, air conditioning, electrical, lighting, sprinkler and other utility systems and fixtures and other equipment therein or serving the same and the appurtenances thereto, the structural components and roof and exterior walls of the Building, all grounds, parking lots, facilities, vaults, signs, gutters, sidewalks, curbs and other paved walkways and areas on and adjacent thereto, exterior lighting fixtures, water, sewer, gas and other utility connections, pipes and mains, and all other fixtures, machinery and equipment now or hereafter serving the same, and Tenant agrees to notify put, keep and maintain all of the Landlord immediately of any needed repair or unsafe condition existing around or foregoing in the Premises including but not limited to cracks in the foundationsafe, cracks in plastersound and lawful order and condition, moisture in walls and ceilingmake all repairs thereto and therein, buckling sheetrock or sidingordinary and extraordinary, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problemsforeseen and unforeseen, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs as shall be necessary to put, keep and maintain premises shall be done by or under the direction of the Landlordsame in such safe, at the Landlord’s expense, except those caused by negligence or acts of Tenant(ssound and lawful order and condition and in compliance with all Governmental Requirements and Insurance Requirements (as such terms are hereinafter defined), Tenant’s agentsand howsoever the necessity or desirability therefor may have occurred, and whether 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 not necessitated by normal wear and tear itemstear, obsolescence or defects, latent or otherwise. Tenant shall not commit or suffer and shall use all reasonable precaution to prevent waste, damage or injury to the Demised Premises or any part thereof. Tenant shall at all times during the Term, at Tenant's sole cost and expense, contract for and maintain regular service of the heating, ventilating, air conditioning, the adage “you broke it you pay sprinklers and any elevators and lifts in the Building and all equipment related thereto with recognized maintenance companies and shall forward to fix it” applies Landlord duplicate executed original copies of all contracts and all renewals and modification thereof. Said contracts shall include the thorough overhauling of said systems at least once each year and shall be kept in full force and effect during the Term by Tenant. Section 7.2 Tenant, at its sole cost and expense, shall also keep and maintain the Demised Premises, including, without limitation, the sidewalks adjoining the same, in clean and orderly condition and free from dirt, snow, ice, rubbish, vermin, obstructions and other encumbrances. Section 7.3 Tenant, at its own cost and expense, covenants and agrees to keep the drain, waste and sewer pipes and connections with mains which are used by Tenant free from obstruction to the Tenant(s) satisfaction of Landlord, its agents and it applies during tenancy as well as at the end of tenancyall authorities having jurisdiction. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) Tenant will be charged for the service call. Any repairs, including labor, material, and parts used, which are the 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 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 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 notify 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 all broken glass. Tenant(s) shall not paintexpenses, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) losses 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 damages incurred 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, the rent shall cease until such time as the Premises 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(s), or someone in or on the Premises by reason of Tenant’s permission 's operations which result in the obstruction of drains, waste and sewer pipes and mains in or consentservicing the Building, there or any part thereof. Section 7.4 When used in this Lease, the term "repairs" shall include all necessary replacements, renewals, alterations and additions. All repairs to be made by Tenant shall be no reduction of rent at least equal quality and Tenant(s) utility to the quality and utility of the utility systems, fixtures, machinery and equipment installed as of the Commencement Date and shall be liable for made in compliance with all costs of repairGovernmental Requirements and Insurance Requirements and the then applicable building code. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint Without limiting the Premises, moving furniture and wall hangings shall be the duty and expense generality of the Tenant(s). Tenant(s) understands there will foregoing, Tenant shall not clean or require, permit, suffer or allow any window of the Demised Premises to be no rent reductions, adjustments, or other compensation due to repairs or interruptions cleaned from the outside in violation of service except as provided by any applicable law.

Appears in 1 contract

Samples: Lease Agreement (Strainwise, Inc.)

Repairs and Maintenance. It is the responsibility Subject to Master Lessor's obligations under Article VI of the Tenant(s) to notify Master Lease, Sublessee shall during the Landlord 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 term 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 Sublessee's sole cost of and expense keep the Tenant(s). Such repairs shall be made to conform to the original Sublease Premises in as good order, condition of the Premises and repair as they were at the time Sublessee took possession of the Tenant(s) took possession. Although the Landlord repairs normal Sublease Premises, reasonable wear and tear itemsand damage from time and other casualties excepted. Sublessee shall keep the Sublease Premises in a neat and sanitary condition and shall not (a) commit any nuisance or waste on the Sublease Premises, or in, on, or about the adage “you broke it you pay to fix it” applies to Building, (b) dispose of sweepings, rubbish, rags, coffee grounds or other similar substances in the Tenant(splumbing facilities, nor (c) and it applies during tenancy as well as at the end of tenancywaste any utilities provided by Master Lessor. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call)Sublessee shall, Tenant(s) will at Sublessee's sole expense, immediately repair any damage to the Sublease Premises or Building caused by Sublessee, Sublessee's agents, employees, licensees, invitees and visitors. All maintenance, repairs and replacement by Sublessee hereunder shall be charged for the service call. Any repairs, including labor, materialundertaken in accordance with, and parts usedshall be governed by, the requirements of Section 11 above. Sublessor shall use its best efforts to cause Master Lessor to comply with its obligations under Article VII of the Master Lease. Sublessee acknowledges that other than the Improvements, Sublessor is under no duty to make any repairs or improvements to the Sublease Premises. Sublessee hereby waives the benefit of any statute or principle of law or equity, now or hereinafter in effect, which are would afford Sublessee the responsibility right to make repairs at Sublessor's expense or to terminate this Sublease because of Sublessor's failure to keep the Tenant(s)Sublease Premises in good order, must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have 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 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 notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the and 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.

Appears in 1 contract

Samples: Sublease Agreement (Grease Monkey Holding Corp)

Repairs and Maintenance. It is Subject to Landlord’s obligations under Section 6.2, Tenant will keep the responsibility of Leased Premises in good order, condition and repair and Tenant agrees to make any and all repairs to the Tenant(s) Leased Premises during the Term and to notify the Landlord immediately of any needed repair or unsafe condition existing around or improvements placed in the Leased Premises, all at Tenant’s own cost and expense and without expense to Landlord including, without limitation, the interior walls (other than exterior or structural walls), ceilings, utility meters, pipes and conduits within the Leased Premises including but not limited (excluding Xxxx Xxxxxxxx XXXX), Xxxxxx’s fixtures, heating, ventilating and air conditioning equipment installed by Tenant, all Tenant signs, locks and door closing devices, security systems, doors and door frames and glass (other than exterior glass), and any repairs to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock such improvements or siding, or installations required by 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 damagegovernmental authority. 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 such repairs shall be made at the sole cost of the Tenant(s). Such repairs by Tenant promptly without delay, except for delays beyond Tenant’s reasonable control, and shall be made to conform of quality or class equal to the original condition work or construction. Repairs as used herein shall mean replacement whenever reasonably necessary. Tenant is not responsible for such repairs and maintenance if the need for such repairs or maintenance results from: (i) Landlord’s failure to perform its obligations hereunder; (ii) the act or neglect of Landlord or those claiming by, through or under Landlord; or (iii) damage by fire or other casualty covered by Landlord’s insurance. In any such events, Landlord is responsible for such repairs. If Tenant refuses or neglects to make any such repair within the Premises prescribed time for curing of defaults under this Lease, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property (except due to the negligence or willful misconduct of Landlord, its agents, employees or contractors), or to Tenant’s business by reason thereof, and upon completion thereof, Tenant shall pay Landlord’s reasonable out of pocket cost for making such repairs upon presentation to Tenant of a xxxx therefor as Additional Rent. Said xxxx shall be due and payable within twenty (20) days of receipt thereof and if not paid shall bear interest at the time Default Rate computed from 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 due date of said xxxx to the Tenant(s) and it applies during tenancy as well as at the end date of tenancypayment by Tenant to Landlord. In additionaddition to the foregoing, if a Tenant(sTenant’s maintenance of all heating, ventilating and air conditioning equipment installed by Tenant shall include (a) calls for maintenance for which no at least semi-annual inspections and cleaning of such maintenance is needed equipment, together with such adjustments and servicing as each such inspection discloses to be required (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved unless otherwise specified in writing by the Landlord. manufacturer of such equipment and Landlord reasonably determines that such specifications are suitable for the maintenance and operation of such equipment) and (b) all repairs, testing and servicing as shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense necessary or remedy be available to the Tenant(s), where the defective condition complained of 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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 reasonably required by Landlord due to potential risk of fire or which will increase the rate of Landlord’s 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawunderwriter.

Appears in 1 contract

Samples: Lease Agreement (CarGurus, Inc.)

Repairs and Maintenance. It is 13.1 Tenant shall, at its sole cost and expense, maintain and repair, and keep in good repair and operating condition, the responsibility Demised Premises, landscaping, the fixtures and appurtenances therein and any Tenant’s Property (except to the extent the need for same results from the gross negligence or willful misconduct of Landlord, its agents, contractors, servants, invitees or employees). Tenant shall be responsible for and shall promptly make all interior and exterior repairs in and to the Demised Premises the need for which arises out of (a) Alterations or other work by Tenant (except to the extent the need for same results from the gross negligence or willful misconduct of Landlord, its agents, contractors, servants, invitees or employees), (b) the installation, use or operation of Tenant’s Property, (c) the moving of Tenant’s Property in or out of the Tenant(sDemised Premises, (d) to notify the Landlord 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 Tenant’s use of the Landlord, at the Landlord’s expense, except Demised Premises (other than 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 the responsibility of Landlord pursuant to Section 13.2 hereunder) or (e) the Tenant(sact, omission, misuse or neglect of or by Tenant or any subtenant or licensee, or their respective employees, agents, contractors or invitees. All repairs made by Tenant under this Section 13.1 shall be diligently and continually performed to completion. If Tenant fails to perform any repairs for which Tenant is responsible after expiration of the notice period and expiration of the cure period provided for in Section 22.2(b) (or such shorter time as necessary in the case of an emergency), then Landlord may, at Landlord’s option, perform such repair at Tenant’s expense. Tenant shall be responsible for the replacement /changing of light bulbs in the Demised Premises and as it relates to the parking lot lighting structures, but Tenant shall have no obligation to otherwise maintain the parking lot or parking lot lighting structures. Tenant represents that the parking lot was sealed and striped on or about April of 2015. Tenant has no expectation the parking lot will need to be further sealed or striped during the Term. Tenant shall have no further obligation to seal or stripe the parking lot at any time during the Term. For the avoidance of doubt, Tenant shall have no obligation to make a repair under this Section 13.1 if the particular improvement to be repaired (which includes, but is not limited to building systems such as mechanical, electrical, sanitary systems, plumbing, elevators, roof, HVAC, fire and sprinkler systems) is beyond its actual useful life at the time of the need for repair. In the event of a dispute between the parties as to the actual useful life of the particular improvement or system to be repaired, the parties will engage a mutually agreeable expert to provide an opinion on whether the particular improvement or system has reached the end of its useful life and must be pre-approved replaced. The parties agree to a 50/50 split of the cost of the expert opinion. 13.2 Landlord shall, at its sole cost and expense, make all necessary repairs and replacements to keep in writing by good repair and serviceable condition the Landlordstructural elements of the roof, foundation and walls of the Demised Premises (except to the extent the need for same results from the gross negligence or willful misconduct of Tenant, its agents, contractors, servants, invitees or employees). Landlord will also be responsible for replacing, if necessary (not repairing, which is the Tenant’s responsibility), the landscaping. Landlord will also be responsible for replacing the systems servicing the Demised Premises, including, without limitation, mechanical, electrical, sanitary systems, all walkways, elevators, the parking lot (including sealing and striping) and related lighting structures, roof, HVAC, fire and sprinkler systems. All repairs and replacements made by Landlord under this Section 13.2 shall be diligently and continually performed to completion, and shall be undertaken in a manner reasonably intended to minimize interference with Tenant’s business operations in the sole judge Demised Premises (provided Landlord shall not be required to perform repairs on an overtime or premium pay basis, unless an emergency exists, in which case Landlord shall perform such repairs on an overtime or premium pay basis). If Landlord fails to perform any repairs or replacements for which Landlord is responsible after expiration of the notice period and expiration of the cure period provided for in Section 22.2(b) (or such shorter time as to what repairs are necessarynecessary in the case of an emergency), then Tenant may, at Tenant’s option, perform such repair or replacement at Landlord’s expense. For the avoidance of doubt, Landlord shall have no obligation to repair replace or maintain any defective conditionbackup generators. 13.3 If, for any reason other than a casualty, condemnation or default by Tenant of its obligations to be observed or performed under this Lease, Landlord fails to furnish any of the services, utilities, maintenance, repairs, replacements or access which Landlord is required to furnish pursuant to the terms of this Lease, and as a result of such failure by Landlord, all or a material portion of the Demised Premises shall be rendered untenantable or inaccessible and Tenant shall cease the conduct of Tenant’s business in all or a portion of the Demised Premises as a result thereof (an “Untenantability Condition”), and such Untenantability Condition shall continue for three (3) consecutive Business Days after notice from Tenant to Landlord (or, in the case of an Untenantability Condition caused by Force Majeure Events, such Untenantability Condition shall continue for a period of twenty-one (21) consecutive Business Days after notice from Tenant to Landlord), then Fixed Rent and Additional Charges shall xxxxx solely with respect to the portion or portions of the Demised Premises subject to such Untenantability Condition from the day after such three (3) consecutive Business Days (or twenty-one (21) Business Days in case of Force Majeure Events) until such space is no longer subject to such Untenantability Condition. In the event that an Untenantability Condition continues with respect to a material portion of the Demised Premises for ninety (90) consecutive days, then Tenant shall have the right to terminate this Lease within ten (10) days following such ninety (90) day period; provided, however, if Landlord has cured such Untenantability Condition prior to receipt of notice from Tenant of its election to terminate this Lease as provided for in this paragraph, Tenant shall no longer have the right to terminate this Lease as a result of such Untenantability Condition. The rights granted to Tenant under this Section 13.3 shall be Tenant’s exclusive remedy with respect to an Untenantability Condition. 13.4 Except as otherwise expressly provided in this Lease, Landlord shall have no liability to Tenant, nor shall Tenant’s obligations under this Lease be reduced or abated in any defense manner, by reason of any inconvenience, annoyance, interruption or remedy be available injury to Tenant’s business arising from Landlord’s making any repairs or changes which Landlord is required or permitted to make (provided the Tenant(s), where the defective condition complained of 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 notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies same are made in accordance with the Landlord-Tenant Actapplicable provisions of this Lease, Tenant(s) must be current including, without limitation, the obligation to undertake repairs and replacements in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) a manner reasonably intended to minimize interference with Tenant’s business operations in the Demised Premises (provided Landlord shall not paintbe required to perform repairs on an overtime or premium pay basis unless an emergency exists, re-wallpaperin which case Landlord shall perform such repairs on an overtime or premium pay basis)). 13.5 Tenant shall, or otherwise redecorate or make alterations to within thirty (30) days after the Premises without the written consent Commencement Date, contract for a heating, ventilation and air conditioning maintenance program which shall provide periodic (but not more than one (1) time per year) inspection and maintenance of the Landlordequipment. If written consent is givenSuch inspection and maintenance shall include, such alterations shall but not be at the expense limited to, filter changes, check and/or replacement electrical inspection, coil cleaning and drainage and testing 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawlimit controls.

Appears in 1 contract

Samples: Lease Agreement (Trans World Entertainment Corp)

Repairs and Maintenance. It is 11.1 Throughout the responsibility Term of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundationthis Lease, cracks in plasterLessee, moisture in walls at its sole cost and ceilingexpense, buckling sheetrock or sidingwill keep and maintain, or any leaks. If Xxxxxx(scause to be kept and maintained, the Demised Premises (including the grounds, sidewalks and curbs abutting the same) fails and the Personal Property in good order and condition without waste and in suitable state of repair at least comparable to that which existed immediately notify Landlord of visible problems, which result in damage prior 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 Commencement Date (ordinary wear and tear itemsexcepted, the adage “you broke it you pay subject 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 the 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 no Lessee's obligation to repair any defective condition, nor shall any defense or remedy be available to and replace the Tenant(s), where the defective condition complained of 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 notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies same in accordance with the Landlord-Tenant Actterms of this Lease), Tenant(s) must and will make or cause to be current in rentmade, as and when the same shall become necessary, all structural and nonstructural, exterior and interior, replacing, repairing and restoring necessary to that end. Tenant(s) All replacing, repairing and restoring required of Lessee shall be responsible for all broken glass. Tenant(s(in the reasonable opinion of Lessor) shall not paint, re-wallpaper, or otherwise redecorate or make alterations of quality at least equal to the Premises without the written consent of the Landlord. If written consent is given, such alterations original work and shall be at in compliance with all standards and requirements of law, licenses and municipal ordinances necessary to operate the expense Demised Premises as a Medicare and Medicaid certified skilled and/or intermediate care nursing home having no less than one hundred twenty (120) licensed, and Medicaid certified beds. 11.2 Any items of the Tenant(s) Personal Property that are uneconomical to repair shall be replaced by new items of like kind and all replacement items shall become part of the Personal Property. No items of Personal Property shall be removed from the Demised Premises except in connection with repair or replacement of such items. Lessee may place additional property on the Demised Premises (not required for the replacement of the Personal Property) and such additional property shall be and remain the Owner’s property of Lessee. Lessee shall remove such additional property upon termination or expiration of this Lease provided that Lessee shall make such necessary repairs or replacements as may be required in order to return the Demised Premises to the condition which existed prior to the removal of the additional property. 11.3 Provided there is not an Event of Default by Lessee under this Lease, Lessee shall have the right, at any time and tenancy. Tenant(s) shall not permit from time to time, to remove and dispose of any act Personal Property which may have become obsolete or thing deemed hazardous by Landlord due to potential risk of fire unfit for use, or which will increase is no longer useful in the rate operation of insurance on said the Demised Premises, provided Lessee promptly replaces any such Personal Property so removed or disposed of with other personal property free of any security interest, lien or encumbrance. In case the Premises or surrounding areas Said personal property shall be damaged by fireof the same character and shall be at least equal in usefulness and quality as any such Personal Property so removed or disposed of, rainand such replacement property shall automatically become the property of and shall belong to the Lessor, wind, and Lessee shall execute such bills of sale or other cause beyond documents reasonably requested by Lessor to vest 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, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time ownership of such destruction personal property in Lessor. Notwithstanding the foregoing, Lessee shall have the right to place leased Personal Property on the Demised Premises provided that the payments due under such leases do not exceed Four Thousand and from thenceforth this Lease Agreement shall cease and come to an end00/100 Dollars ($4,000.00) per year. In the event, event Lessee desires to place leased personal property on the damage is caused by the act Demised Premises having annual payments in excess of the Tenant(s)amount provided for herein, or someone Lessee shall advise Lessor in or on writing and Lessor shall use its reasonable best efforts to seek 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 Premises, moving furniture and wall hangings shall be the duty and expense approval of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, Mortgagee or other compensation due to repairs or interruptions an amendment of service except as provided by lawthe Mortgage with respect thereto.

Appears in 1 contract

Samples: Lease Agreement (Sun Healthcare Group Inc)

Repairs and Maintenance. It is LESSEE accepts the responsibility Premises in an "as is" condition as of the Tenant(s) to notify Possession Date of this lease. The LESSEE, during the Landlord immediately lease term will make, at its own expense, all repairs, replacements, alterations and improvements on the interior and exterior of any needed repair or unsafe condition existing around or in the Premises which may be needed to maintain the same in good condition and repair, excepting reasonable wear and tear, and at its sole expense shall keep and maintain the Premises in a reasonably clean and orderly condition, free of accumulation of dirt and rubbish. LESSEE shall be responsible for cleaning the windows of the Premises, and for all sweeping, cleaning, and snow and ice removal on that portion of the sidewalks bordering the Premises, notwithstanding any other provisions herein. LESSEE shall also be responsible for the repair, replacement and reconstructing the glass windows and all exterior doors leading to the Premises, and the roof if damaged by LESSEE, its agents, or parties hired by LESSEE, including roof damage done while repairing or replacing the HVAC systems. Without limiting the generality of the foregoing, the LESSEE agrees that it will make, at its own expense, all non-structural repairs, modifications and replacements which may be needed to maintain mechanical equipment, including but not limited to cracks heating units, HVAC, plumbing, sprinkler systems, alarm systems, electrical, plate glass, machinery and equipment, in the foundationgood condition and repair, cracks in plasterexcepting reasonable wear and tear, moisture in walls and ceilingto cause said mechanical equipment to comply with all laws and regulations, buckling sheetrock or sidingpresent and future, related thereto. Under no circumstances shall LESSEE, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problemsits agents, which result in damage to employees or contractors enter upon 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 roof of the Landlordbuilding in which the Premises are a part, at or allow any third parties to enter upon the Landlord’s expenseroof, except those without five (5) days prior notice to LESSOR. In emergency situations, LESSEE shall provide notice by telephone before entry upon the roof, but if that is impossible, as soon thereafter as possible. LESSEE shall keep canopy lights lit during all hours of darkness (after sunset), including throughout the night. Damage caused by negligence or acts of Tenant(s), Tenant’s agentsthird parties attempting to gain, or inviteesgaining, 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 the 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 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 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 notify the Landlord of the condition or allow the Landlord access unlawful entry 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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 by LESSEE at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawLESSEE'S expense.

Appears in 1 contract

Samples: Business Property Lease (Nuvectra Corp)

Repairs and Maintenance. It is 15.01 Tenant, at its sole cost and expense, (a) shall maintain in good working order and condition, and shall repair promptly, the responsibility floors, ceilings, interior walls, and doors of the Tenant(sPremises, (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 notify all of the Landlord immediately 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 any needed repair 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 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 unsafe condition existing around 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 Alterations and repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Premises and the Building, as shall be required by reason of (i) the performance or existence of Tenant’s Work or Tenant’s Alterations, (ii) the installation, use or operation of Tenant’s Property in the Premises including but not limited to cracks or the installation, use or operation of the Roof Installations, (iii) the moving of Tenant’s Property in or out of the foundationBuilding, cracks in plaster, moisture in walls and ceiling, buckling sheetrock (iv) the negligence or sidingwillful act of, or omission by, Tenant or any leaks. If Xxxxxx(sother Tenant Party, (v) fails to immediately notify Landlord the use 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 any portion of the Premises at for a use that is not permitted under this Sublease, or (vi) a default under any of the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear itemsterms, the adage “you broke it you pay covenants or conditions in this Sublease on Tenant’s part to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancyobserve, 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 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 a Tenant(s) calls for maintenance for Tenant fails to commence or diligently pursue such work to completion within any applicable notice and cure period set forth in this Sublease, in which no such maintenance is needed (false call)event, Tenant(s) will be charged Tenant shall reimburse Landlord for the service call. Any repairs, including labor, material, reasonable and parts usedactual out-of-pocket costs paid or incurred by Landlord to perform such Alterations or repairs within thirty (30) days after Landlord’s request therefor, which are the responsibility request shall be accompanied by a reasonably detailed description of the Tenant(s), must be pre-approved repairs in writing by question and reasonable evidence supporting the Landlordcosts thereof. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have 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 was caused by the Tenant, Xxxxxx’s familyat its sole cost and expense, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify 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 all broken glassrepairs, maintenance and replacement of interior doors, walls and wall and floor coverings, signs, window treatments and window shades in the Premises and, for the repair and maintenance of all lighting fixtures therein. Tenant(s) Nothing contained in this Section 15.01 shall not paint, re-wallpaper, or otherwise redecorate or make alterations require Tenant to perform any repairs to the Premises without which, pursuant to the written consent express provisions of Section 15.02, are Landlord’s obligation to perform, or to repair the property of any person (other than Tenant or any other Tenant Party) to the extent the need to repair such property results from the negligence or willful act or omission of Landlord. 15.02 Landlord, at its expense, except as otherwise expressly provided in Section 15.01 above, Articles 41, 45, 46 and 50 below, and as may be otherwise expressly provided in other provisions of this Sublease, shall keep and maintain (or shall cause the Existing Lessor to keep and maintain) the Real Property, the Building (including the exterior walls of the Landlord. If written consent is givenBuilding, such alterations shall be at the expense structural portions of the Tenant(sBuilding, the roof of the Building and the exterior windows of the Premises, all to the extent, if not maintained, would adversely affect (by more than a de minimis extent) Tenant’s use of the Premises), the common areas, the sidewalks adjacent to the Building and the Building systems and the facilities that serve the Premises (including the Building HVAC Systems (as defined in Section 17.02 hereof) up to, in the case of the Building HVAC Units (as defined in Section 17.02 hereof) the main feed of the Building HVAC Units where same intersects the corresponding exterior wall of the Premises, and the system to furnish condenser water to the Supplemental HVAC Units), in good working order, condition and repair and in the same, or better, condition as comparable first class office buildings located in the Borough of Queens. 15.03 Except as may otherwise be expressly provided in this Sublease, Landlord shall become part have no liability to Tenant by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord, Tenant or others making or failing to make any repairs or changes which, with respect to Landlord, Landlord is required or permitted by this Sublease, or required by any Requirement to make, in or to any portion of the Building or the Premises, or in or to the fixtures, equipment or appurtenances of the Building or the Premises, except, in each case, to the extent caused by the gross negligence or willful misconduct of Landlord or a Landlord Party. With respect to any repairs which Landlord is obligated to make, the performance of which will affect Tenant’s use of the Premises for the Permitted Uses, Landlord shall use good faith commercially reasonable efforts in making any such repairs and shall perform such repair work, except in case of emergency, at times reasonably convenient to, and in coordination with, Tenant and otherwise in such manner as will minimize any disruption to Tenant’s use of the Owner’s property upon termination of this Lease and tenancy. Tenant(s) Premises; provided, however, the foregoing shall not permit require Landlord to perform any act such repairs or thing deemed hazardous by Landlord due changes on an overtime or premium time basis, except (i) in an emergency (i.e., a condition that threatens the health or safety of any occupant of the Premises), and (ii) if Tenant cannot, and, as a result of such repair does not, use all or any portion of the Premises, including a condition that denies Tenant from having reasonable access to potential risk of fire or which will increase the rate of insurance on said Premises. In Tenant shall permit Landlord to access the Premises as needed to perform any such repairs, including repairs of any sprinklers or Class E systems. Notwithstanding the foregoing, but not in the case of an emergency where the circumstances will not reasonably permit the following, any repairs to be performed by Landlord, whether within the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control outside 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings that adversely affect the continuous operation of the SOC, shall be the duty and expense scheduled in advance with Tenant at a time that shall minimize interference with Tenant’s operation of the Tenant(sSOC, and if requested by Tenant, Landlord shall perform such work on an overtime or premium time basis, provided that Tenant shall pay, as Additional Rent, the incremental cost for performance of the work on an overtime or premium time basis. For repairs that are to be performed within the Premises, Landlord shall perform same accompanied at all times by a representative of Tenant (which representative shall be provided at Tenant’s expense). Tenant(s) understands there will be no rent reductions, adjustmentsbut only to the extent Tenant provides such representative, provided, however, that none of the foregoing shall require Landlord to perform any such repairs on an overtime or other compensation due to repairs or interruptions of service except as provided by lawpremium time basis.

Appears in 1 contract

Samples: Sublease (Jetblue Airways Corp)

Repairs and Maintenance. It is Except repairs, replacements or maintenance necessitated in any manner by the responsibility negligent or intentional acts or omissions of Lessee or its agents, Lessor shall maintain the roof, outside of the Tenant(s) exterior walls, and foundations, at Lessor’s sole cost and expense. Except repairs, replacements or maintenance necessitated in any manner by the negligent or intentional acts or omissions of Lessee or its agents, Lessor shall maintain, subject to notify reimbursement as part of CAM, the Landlord immediately parking areas and walkways, plumbing and electrical systems, and area landscaping in good condition and repair. Lessee shall maintain the balance of any needed repair or unsafe condition existing around or in the Premises including and appurtenances, including, but not limited to cracks to, heating and air conditioning units, in good condition and repair at its expense. Lessor represents and warrants that, as of the foundationCommencement Date, cracks in plasterthe HVAC system, moisture in roof structure, fire sprinkler system, and structural integrity of the walls and ceiling, buckling sheetrock or siding, or any leaksfoundation are in good condition and working order. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to Lessee agrees that on 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 last day of the Landlord, at the Landlord’s expense, except those caused by negligence Term or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost sooner termination of the Tenant(s). Such repairs shall be made Lease, it will surrender the Premises to conform to the original Lessor in as good condition as they are as of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal Commencement Date, ordinary wear and tear itemsexcepted and damage by fire, act of God or by the adage “you broke it you pay to fix it” applies elements of other casualty excepted to the Tenant(s) extent such Lessor is reimbursed by insurance for such loss. If Lessee shall fail to keep the Premises properly repaired, Lessor may do so (but is not obligated), and it applies during tenancy the cost of such repair shall be paid by Lessee with the next installment of and as well as at the end of tenancyRent due hereunder. In additionLessor shall cooperate reasonably with Lessee to utilize all manufacturers’ and construction warranties, if any, related to Lessor’s Work. When Lessor has an obligation to repair, Lessor shall repair such item(s) or area(s) within a Tenant(s) calls for maintenance for commercially reasonable amount of time after receipt of written notice from Lessee, unless due to the nature of such repair, more than thirty days are needed to repair in which no case Lessor shall begin such maintenance is needed (false call)repair within thirty days and diligently pursue such repair to completion. Notwithstanding anything to the contrary in the Lease, Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the 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 Lessor shall have no obligation to repair perform any defective condition, nor shall any defense work on or remedy be available to about the Tenant(s), where the defective condition complained of was caused Business Park or Premises other than that for which Lessor is obligated 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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 that 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawspecifically set forth herein.

Appears in 1 contract

Samples: Lease (Lumenis LTD)

Repairs and Maintenance. It is 14.01. Landlord shall at its expense, maintain the responsibility of the Tenant(s) to notify the Landlord immediately of any needed Property in good repair or unsafe and condition existing around or in the Premises as a Class A office building, including but not limited to cracks in the maintenance and repair of the roof, foundation, cracks air conditioning, heating, plumbing and electrical systems, structural components, parking areas, walkways, and landscaping. Tenant will not in plasterany manner deface or injure the Building, moisture in walls and ceiling, buckling sheetrock will pay the cost of repairing any damage or siding, injury done to the Building or any leakspart thereof by Tenant or Tenant’s agents, employees or invitees. 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 Tenant shall be done by or under the direction take good care of the LandlordPremises and keep the Premises free from waste and nuisance of any kind. Tenant shall keep the Premises, at the including Landlord’s expenseFurniture and all fixtures installed by Tenant and any plate glass and special store fronts, in good condition, reasonable wear and tear and damage caused by casualty excepted, and make all necessary non-structural repairs except those caused by negligence fire, casualty or acts of Tenant(s), TenantGod covered by Landlord’s agents, or invitees, which fire insurance policy covering the Building. The performance by Tenant of its obligations to maintain and make 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 conducted only by contractors 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 the responsibility of the Tenant(s), must be pre-subcontractors approved in writing by the Landlord. Landlord (which approval shall not be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective conditionunreasonably withheld, nor shall any defense conditioned, or remedy be available to the Tenant(sdelayed), where 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 defective condition complained occurrence of was caused by the damage or injury, Landlord may at its option make such repair, and Tenant, Xxxxxx’s familyshall within thirty (30) days of request therefor, invitee, licensee, pay Landlord for the cost thereof. At the end or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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, Tenant shall deliver up the 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 deliver to Landlord all keys to the Premises. 14.02. If Landlord shall fail to perform any term, condition, covenant or obligation required under this Lease and tenancy. Tenant(ssuch failure either (a) has a material adverse impact on Tenant’s access to or use of the Demised Premises or Landlord shall not permit any act fail to perform snow removal in the public portions of the Property, and such failure continues for more than five (5) days after notice to Landlord, or thing deemed hazardous (b) in the event of a failure other than what is set forth in subsection (a), such failure has continued for a period of forty five (45) days after prior written notice and opportunity to cure thereof from Tenant to Landlord; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord due to potential risk of fire or which will increase is such that it cannot reasonably be performed within the rate of insurance on said Premises. In case the Premises or surrounding areas applicable time period set forth in this Section 14.02, such default shall be damaged deemed to have been cured if Landlord commences such performance within said 45-day period (or 5-day period, as the case may be) and thereafter diligently undertakes to complete the same, Tenant may, at its option, without waiving any claim for damages for breach of agreement, at any time thereafter 4846-0294-9028.v11 cure such default for the account of Landlord and any amount paid or any contractual liability incurred by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas Tenant in so doing shall be repaired deemed paid or incurred for the account of Landlord and Landlord shall reimburse Tenant therefore 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, the rent shall cease until such time as the Premises 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(s), or someone in or on the Premises by reason thirty (30) days 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawdemand.

Appears in 1 contract

Samples: Lease Agreement (UroGen Pharma Ltd.)

Repairs and Maintenance. It is 18.1. Landlord shall repair and maintain in good condition the responsibility structural and exterior portions and Common Areas of the Tenant(s) to notify Building and the Property, including roofing and covering materials; foundations; exterior walls; plumbing; fire sprinkler systems (if any); heating, ventilating, air conditioning systems; elevators; and electrical systems installed or furnished by Landlord immediately of any needed repair or unsafe condition existing around or consistent with other similar properties in the rental market in which the Building is located, and in full accordance with Applicable Laws applicable to office and laboratory use generally, without regard for Tenant’s Alterations. The Common Areas shall be maintained by Landlord in compliance with the ADA except to the extent such compliance would not be required but for Tenant’s Alterations or its particular use of the Premises, as opposed to the Permitted Uses, generally. Landlord shall maintain (or provide for the maintenance of) in a neat, attractive and first-class condition all signs, roadways, landscaped areas, parking areas, sidewalks and entrances areas on the Property. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises including but and every part thereof in good condition and repair, excepting damage thereto from ordinary wear and tear, and damage by casualty or condemnation (except to the extent Tenant is obligated to restore the same) excepted. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, excepting damage thereto from ordinary wear and tear, and damage by casualty or condemnation (except to the extent Tenant is obligated to restore the same), and matters for which Tenant is not limited to cracks in responsible; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the foundationPremises, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or repair 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 Premises 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 the 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 necessarythereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than as described in Exhibit B. Tenant shall be responsible, at its sole cost and expense, for the cleaning of the Premises and Tenant’s removal of its trash, garbage and Hazardous Materials; provided, however, that Tenant is encouraged to participate in the waste removal and recycling program in place at the Property. Landlord shall provide a dumpster at the loading dock for Tenant’s use in the disposal of materials (other than Hazardous Materials and other controlled substances). 18.3. Landlord shall not be liable for Claims arising out of any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance (or unless Landlord has actual knowledge of the need therefor). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense; however, in the event that Landlord fails to make a repair or perform maintenance that is Landlord’s obligation pursuant to this Lease within applicable notice and cure periods set forth in Section 31.11, and such failure continues for ten (10) days after notice thereof to Landlord (with a copy to Landlord’s mortgagee) or such shorter period, if any, as may be feasible in case of an emergency threatening life or property (such notice to expressly state in bold and prominent print Tenant’s intention to exercise its rights under this Section), then Tenant, without being under any defective conditionobligation to do so and without thereby waiving such default, nor may remedy such default and perform such repair for the account and at the expense of Landlord. All reasonable expenditures made by Tenant in connection therewith, including reasonable attorneys’ fees in instituting, prosecuting or defending any action or proceeding, shall be paid to Tenant by Landlord within thirty (30) days after submission by Tenant to Landlord of a reasonably detailed invoice therefor. If Landlord fails to pay such costs to Tenant within fifteen (15) days following notice from Tenant of such failure, then Tenant shall have the right to recover the same by an abatement of Base Rent and the Property Management Fee, provided that such abatement (and the accrual of any defense or remedy be available interest on such amounts) shall cease at such time as and to the Tenant(s)extent that payment is tendered to Tenant. Notwithstanding the foregoing, where if the defective condition complained amount of was caused the abatement is more than 25% of the aggregate amount of Base Rent due in any month, then the amount abated in any one month shall not exceed 25% of the Base Rent and the excess amount of the abatement shall be carried forward with interest at the Default Rate. Tenant’s self-help rights under this paragraph shall be exercised by Tenant only (a) with respect to conditions actually existing within the Premises and (b) with respect to conditions that materially affect Tenant’s ability to use and enjoy the Premises and to conduct Tenant’s operations therein. The provisions of this paragraph may not be exercised by or on behalf of any subtenants. Any disputes regarding Tenant’s right to have undertaken any such remedy, the amount of reimbursement claimed by Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction amount of abatement shall be resolved by arbitration as set forth below. The parties shall direct the Boston office of the Tenant(s), AAA to appoint an arbitrator who shall have a minimum of ten (10) years’ experience in commercial real estate disputes and who shall not be affiliated with either Landlord or where Tenant and has not worked for either party or its affiliates at any time during the prior five (5) years. Both Landlord and Tenant unreasonably fails shall have the opportunity to notify the Landlord of the condition or allow the Landlord access present evidence and outside consultants to the Premises for purposes of the repairarbitrator. Before exercising any of the remedies The arbitration shall be conducted in accordance with the Landlord-Tenant Actexpedited commercial arbitration rules of the AAA insofar as such rules are not inconsistent with the provisions of this Lease (in which case the provisions of this Lease shall govern). The cost of the arbitration (exclusive of each party’s witness and attorneys’ fees, Tenant(s) must which shall be current in rent. Tenant(spaid by such party) shall be responsible for all broken glassborne equally by the parties. Tenant(sAny such arbitration shall be commenced within ten (10) days after demand (or, if later, appointment of the arbitrator). Within ten (10) days after appointment, the arbitrator shall not paint, redetermine whether Tenant was entitled to exercise its self-wallpaperhelp rights and/or the amount of reimbursement to which Tenant is entitled. The arbitrator’s decision shall be final and binding on the parties. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or otherwise redecorate or make alterations shall be authorized to be made, then at reasonable times and upon reasonable advance notice, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without the written consent any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. Such work will be done at Landlord’s sole cost, and Landlord shall take such measures as are reasonably and customarily required to avoid any adverse impacts on Tenant’s use and occupancy of the LandlordPremises. 18.5. If written consent is given, such alterations shall be at This Article relates to repairs and maintenance arising in the expense ordinary course of operation of the Tenant(s) and shall become part of the Premises Building 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, the rent shall cease until such time as the Premises 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 endProperty. In the eventevent of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the damage is caused event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by the act of the Tenant(sLandlord pursuant to this Article shall constitute Operating Expenses (unless otherwise limited or excluded under Article 9), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.

Appears in 1 contract

Samples: Lease (Aveo Pharmaceuticals Inc)

Repairs and Maintenance. It is a) Tenant shall, throughout the responsibility Term and at Tenant's sole cost and expense, keep and maintain the Premises in a neat and orderly condition; and, upon expiration of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in Term, Tenant shall leave the Premises including but in good order and condition, ordinary wear and tear, damage by fire or other casualty (which fire or other casualty has not limited to cracks in occurred through the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock negligence of Tenant or siding, those claiming under Tenant 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 their agents, employees or invitees, which respectively) alone excepted, and for that purpose and except as stated, Tenant will make all necessary repairs and replacements. Tenant shall not permit any waste, damage or injury to the Premises. Tenant shall not use or permit the use of any portion of the Common Facilities for other than their intended use as specified by the Landlord from time to time. b) Landlord shall, throughout the Term, make all necessary repairs (including replacements) to the structural elements of the Premises and other improvements located on the Property, including the roof and exterior walls of the Building as well as the mechanical, HVAC, electrical and plumbing systems of the Building not solely serving the Premises; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair. Landlord shall keep and maintain all Common Facilities of the Property and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt and rubbish and shall keep and maintain all landscaped areas within the Property in a neat and orderly condition. c) Notwithstanding the foregoing, repairs and replacements to the Premises and the Property arising out of or caused by Tenant's use, manner of use or occupancy of the Premises, by Tenant's installation of alterations, additions, improvements, trade fixtures or equipment in or upon the Premises or by any act or omission of Tenant or any employee, agent, contractor or invitee of Tenant shall be made at the Tenant's 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 the 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 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 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense and Tenant shall pay Landlord the cost of the Tenant(s). Tenant(s) understands there will be no rent reductionsany such repair or replacement, adjustmentsas Additional Rent, or other compensation due to repairs or interruptions of service except as provided by lawupon demand.

Appears in 1 contract

Samples: Office Space Lease (Bio Imaging Technologies Inc)

Repairs and Maintenance. It is the responsibility (a) Tenant shall at its own cost and expense keep, maintain and take good care of the Tenant(s) to notify premises and make all necessary repairs thereto, interior and exterior, non-structural, ordinary and extraordinary, and shall suffer no waste or nuisances; provided, however, that the Landlord immediately cost of maintenance and repair of any needed common party wall (any wall, divider, partition or any other structure separating the premises from any adjacent premises occupied by other tenants) shall be shared equally by Tenant and the Tenant occupying adjacent premises. Tenant shall not damage any party wall or disturb the integrity and support provided by any party wall and shall, at its cost and expense, promptly repair any damage or unsafe condition existing injury to any party wall caused by Tenant or its employees, agents or invitees. At the end of the term or other termination of this lease, Tenant shall deliver the premises with all improvements thereon in good repair and condition, reasonable wear and tear only excepted. Landlord shall be responsible for maintaining the roof, exterior walls and foundation throughout lease term. (b) Tenant shall at its own cost and expense care for the grounds around or the buildings on the premises, including the regular mowing of grass, care of shrubs and general landscaping, and maintenance of the parking areas, driveways, alleys and shall maintain the whole of the premises in a clean and sanitary condition. (c) In the Premises event the premises constitute a portion of a multiple occupancy building, Tenant and its employees, customers, and licensees shall have the nonexclusive right to use, in common with the other parties occupying said building, the parking areas, driveways and alleys adjacent to said building, subject to such reasonable rules and regulations as Landlord may from time to time prescribe, and Tenant shall, in lieu of their obligations set forth under subparagraph (b) above, be liable for its proportionate share of the cost and expense of the care for the grounds around the said building, including but not limited to cracks to, the mowing of grass, care of shrubs, general landscaping, and maintenance of parking areas, driveways and alleys. Tenant shall reimburse Landlord monthly for the amount of its proportionate share of such costs and expenses in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock event Landlord elects to perform or siding, cause to be performed such work. (d) In the event Tenant shall fail to maintain the demised premises or any leaks. If Xxxxxx(spaving, landscaping or milroad siding in accordance with this paragraph 6, Landlord shall have the right (but not the obligation) fails to immediately notify Landlord of visible problems, which result in damage cause all repairs or other maintenance 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 and 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 the responsibility of the Tenant(s), must be pre-approved in writing reasonable costs therefor expended by the Landlord. Landlord shall be the sole judge as to what repairs are necessarypaid by Tenant on written demand. Landlord shall have 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 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law7.

Appears in 1 contract

Samples: Net Commercial Lease Agreement (Murray Income Properties Ii LTD)

Repairs and Maintenance. It is Lessor, at its sole cost and expense, consistent with Section 7 herein, shall maintain and keep in good order and repair and make any necessary replacements to the responsibility roof, concrete slab, footings, foundation, structural components, exterior walls, plumbing, heating and ventilation and air conditioning, fire protection, electrical, and all mechanical and building systems serving the Premises (except for any signage of Lessee permitted hereunder on such walls, and all improvements made by Tenant within the Premises, which shall be Lessee’s responsibility) and interior load-bearing walls of the Tenant(s) building, and shall keep the paving of the parking areas and sidewalks serving the building in good condition and repair. If Lessor fails to notify comply with its maintenance obligations within one month of notice from Lessee, Lessee may undertake to hire or perform such maintenance and may deduct the Landlord immediately actual cost of any needed such from future Rent. Except for Lessor’s obligations set forth above, Lessee agrees to maintain the Premises in at least as good condition, order and repair as it is at the Commencement Date and in compliance with all applicable Laws, excepting only reasonable wear and tear arising from the use thereof. Lessee’s maintenance responsibilities hereunder shall include, but not be limited to, all repairs required in order to so maintain and preserve, in good, lawful condition, the Lessee’s Improvements and other Alterations and Lessee’s trade fixtures, and basic repairs of, or unsafe condition existing around or to, other fixtures, equipment and appurtenances in the Premises including and building systems located within the Premises (including, but not limited to cracks in to, the foundationPremises’ plumbing, cracks in plasterheating and ventilation and air conditioning, moisture in fire protection, electrical, and mechanical systems, lighting, all doors, overhead or otherwise, glass and windows, floors and carpeting, walls and ceilingwall coverings, buckling sheetrock ceilings located within the Premises), and any signage of Lessee wherever located. Any repairs required to be made by Lessee to any or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord all 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 building systems within the Premises shall be done performed 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 appropriately licensed contractors. Lessee shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of also cause the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear to be kept in a neat 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 orderly condition consistent with 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 the responsibility of the Tenant(s), must be prefirst-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have 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 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawclass office project.

Appears in 1 contract

Samples: Lease Agreement (BioSig Technologies, Inc.)

Repairs and Maintenance. It is Landlord shall, at its own cost and expense and at all times, repair and maintain the responsibility exterior walls and foundation of the Tenant(s) to notify Premises. Tenant shall, at Tenant's own cost and expense and at all times, keep the Landlord immediately Premises neat, clean, and in a sanitary condition, including the neat and orderly storage of any needed repair or unsafe condition existing around or 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 Premises including but not limited to cracks in the foundationfirst sentence of this Section 10, 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 Tenant shall make such repairs as are necessary to maintain premises shall be done by the Premises in as good condition as the Premises now are, reasonable use and wear excepted. If Tenant refuses or neglects its duties under the direction of the Landlordthis Section 10, then, at the Landlord’s expenseexpiration of thirty (30) days' written demand to Tenant (or without demand in the case of emergency) Landlord may, except those caused by negligence but is not required to, make, perform or acts of Tenant(s)cause such repairs as it deems necessary and Tenant agrees to reimburse Landlord promptly upon demand for the cost thereof, Tenant’s agents, or invitees, which repairs shall be made including interest thereon at the sole cost of the Tenant(s)Default Rate. Such If Landlord refuses or neglects its duties to make repairs shall be made to conform to the original condition exterior walls and foundation of the Premises under this Section 10, then, at the time expiration of thirty (30) days' written demand to Tenant (or without demand in 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 case of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false callemergency), Tenant(s) will be charged Tenant may, but is not required to, make, perform or cause such repairs as it deems necessary and Landlord agrees that Tenant may offset any amounts expended by it in making such repairs against any amounts due and payable hereunder for the service call. Any repairs, including labor, material, and parts used, which are the 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 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 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawRent.

Appears in 1 contract

Samples: Lease Agreement (Mestek Inc)

Repairs and Maintenance. It is (a) Tenant shall, at Tenant’s sole cost and expense, maintain the responsibility Premises and all other areas of the Tenant(sProject not the obligation of Landlord in Section 13(b) below, in good, clean and safe condition and repair. Without limiting the generality of the foregoing, subject to notify the Landlord immediately of any needed repair or unsafe condition existing around or in having delivered the Premises including but not limited to cracks Tenant with the heating, ventilation and air conditioning and utility systems in good and functioning condition on the foundationCommencement Date, 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 Tenant shall be done by or under solely responsible for maintaining and repairing all fixtures, heating, ventilation and air conditioning systems, plumbing, electrical lighting, ceilings and floor coverings, windows, doors, plate glass, skylights, and interior walls within 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 tenancyPremises. 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 the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord Tenant shall be the sole judge as to what responsible for all repairs are necessarymade necessary by Tenant, its employees, agents, contractors or invitees. Landlord shall have no obligation to repair alter, remodel, improve, repair, decorate or paint the Premises except as specifically set forth in this Lease. Under no circumstances shall Tenant make any defective condition, nor shall any defense or remedy be available repairs to the Tenant(sBuilding or to the mechanical, electrical or heating, ventilating or air conditioning systems of the Premises, unless such repairs are previously approved in writing by Landlord, which shall not be unreasonably withheld. If Tenant fails to perform its obligations under this Section 13(a), where Landlord may give Tenant thirty (30) days written notice to do such acts as are reasonably required under this Section 13(a). If Tenant fails to promptly commence such work within such time period and diligently prosecute it to completion, then Landlord shall have the defective condition complained right to do such acts and expend such funds at the expense of was caused Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be paid by Tenant promptly after demand with interest at the “Reference Rate” (formerly, “Prime Rate”) then being charged by the TenantSan Francisco main office of Bank of America NT & SA plus two percent (2%) per annum, Xxxxxx’s familyfrom the date of such work, inviteebut not to exceed the maximum amount then allowed by law. Landlord shall have no liability to Tenant for any damage, licenseeinconvenience, or other person acting under interference with the control or direction use of the Tenant(s)Premises by Xxxxxx as the result of performing any such work. (b) Subject to Tenant’s obligations under Section 7 above, or where the Tenant unreasonably fails to notify 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 making all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations structural repairs to the Premises without Building, and shall maintain the written consent sidewalls, and foundations of the Building in good, clean and safe condition and repair. Landlord, at Landlord’s sole cost, shall maintain the parking areas of the Project and the roof of the Building in good condition and repair. If written consent is givenLandlord may elect to maintain all landscaping, such alterations signs, sidewalks and other exterior Building Exterior Areas that are the obligation of Tenant, the costs of which shall be at the expense reimbursed by Tenant to Landlord pursuant to Section 7 above. The foregoing obligations of the Tenant(sLandlord contained in this Section 13(b) and are collectively referred to as “Landlord’s Repairs”. Except as otherwise provided in this Lease, Landlord shall become part of the Premises and the Ownerhave no liability to Tenant, nor shall Tenant’s property upon termination of obligations under this Lease and tenancy. Tenant(s) shall not permit be reduced or abated in 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, the rent shall cease until such time as the Premises 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(s), or someone in or on the Premises manner whatsoever by reason of Tenantany inconvenience, annoyance, interruption or injury to business arising from Landlord making any repairs or changes which Landlord is required or permitted by this Lease or required by law to make in or to any portion of the Building or the Project. Landlord shall use reasonable efforts to minimize any interference with Xxxxxx’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 business at the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.

Appears in 1 contract

Samples: Lease Agreement (Serve Robotics Inc. /DE/)

Repairs and Maintenance. It is 7.1 Tenant shall generally maintain and repair the responsibility Leased Premises, to the extent Tenant has possession of the Tenant(s) Leased Premises, in a good and workmanlike manner, and shall, at the expiration of the term, deliver the Leased Premises in a condition substantially similar to notify the Landlord immediately of any needed repair or unsafe condition existing around or it was received, provided that the Subleased Space, including the bathrooms, lobby and cafeteria shall be returned in the Premises including but condition substantially similar to its condition of the Subleased Space Commencement Date, damages by fire or casualty, the elements and ordinary wear and tear excepted. Tenant covenants and agrees that it shall not limited cause or permit any waste, damage or disfigurement to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or sidingLeased Premises, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord overloading of visible problemsthe floors, which result in damage to the unitextent that Tenant is in possession of the Leased Premises. Tenant shall maintain and make all repairs to the floor surface, then Tenant(s) becomes liable plumbing and electrical systems including all ballasts and fluorescent fixtures located within the Leased Premises, and the HVAC system servicing the laboratory. Landlord shall be responsible for cost of resultant damage. All repairs necessary to maintain premises the roof, exterior load-bearing walls, structural systems, the HVAC system servicing the office areas and the electric and plumbing systems to the point where they enter the Leased Premises, unless repair is necessitated by any negligent act of Tenant, or its agents, employees or contractors. Notwithstanding anything contained herein to the Initial: Landlord Tenant (SNS) Lease Version Date: July 31, 2006 contrary, any repair or maintenance necessitated by the negligent acts or omissions of the Landlord shall be done by or under the direction responsibility of the Landlord, at the Landlord’s its sole cost and expense. 7.2 The Tenant shall, at its own cost and 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 pay all utility meter 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 repairscharges, including labortelephone, materialcable service, gas and parts used, which are electric servicing the 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 necessaryLeased Premises. Landlord shall have no obligation the option to repair any defective conditioninstall, nor shall any defense or remedy be available to at its own cost, a separate water meter and invoice Tenant directly for its water/sewer usage. To the Tenant(s), where the defective condition complained of 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 extent Tenant unreasonably fails to notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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 has control of the temperature in the Leased Premises Tenant agrees to maintain the 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 and mildew, provided that in no event shall Tenant be held responsible for maintaining the temperature in the Sublease Space until the Subleased Space Commencement Date. Tenant shall not store any items outside the Leased Premises, unless such storage has been agreed to by Landlord, and shall deliver its garbage and recyclables to the central receiving area on the lot. Tenant shall dispose of all hazardous/medical waste with an approved hauler at its own cost. 7.3 Landlord does not warrant that any services Landlord or the Tenantany public utilities supply will not be interrupted, then the Premises or surrounding areas provided that Landlord shall be repaired make every effort to ensure that such services 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law's control are not interrupted.

Appears in 1 contract

Samples: Lease Agreement (Amicus Therapeutics Inc)

Repairs and Maintenance. 8.1. By taking possession of the Premises, Tenant shall be deemed to have conclusively agreed to accept the Premises "AS IS" and as being in the condition in which Landlord is required to deliver the same and otherwise in good order, condition and repair (except for latent defects). Subject to the provisions of Article 22 below, Tenant shall, at all times during the term hereof and at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair. Tenant hereby waives any and all rights under and benefits from subsection 1 of Section 1932, and Sections 1941 and 1942, of the Civil Code of California and any similar law, statute or ordinance now or hereafter in effect. It is understood and agreed that Landlord has no obligation to alter, remodel, improve, repair, decorate or paint the responsibility of the Tenant(s) to notify the Landlord immediately of Premises or any needed repair part thereof, or unsafe condition existing around or maintain any non-standard items installed in the Premises including but not limited by or at the request of Tenant, except as specified in Article 22 below or in Exhibit "B", and that no representations relating to cracks the condition of the Premises, the Building or the Project have been made by Landlord (or any employee or agent thereof) to Tenant, except as may be specifically set forth in this Lease. 8.2. Subject to the foundationprovisions of Section 8.1 above and Article 22 below, cracks Landlord shall maintain the common areas, the foundation and structural portions of the Building, and the mechanical and electrical systems providing the services and utilities to be furnished by Landlord pursuant to Section 13.1 below, in plastergood order and condition, moisture provided however if such maintenance and repairs are caused in walls and ceilingwhole or in part by the act, buckling sheetrock or sidingneglect, fault, or omission of any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problemsduty by Tenant, which result in damage to the unitits agents, 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 Landlordservants, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agentsemployees, or invitees, which repairs Tenant shall be made at pay to Landlord the sole reasonable 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 and repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall not be the sole judge as liable for any failure to what make any such repairs are necessary. Landlord or to perform any maintenance unless such failure shall have 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 was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction persist for an unreasonable time after written notice of the Tenant(s), or where the Tenant unreasonably fails to notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time need of such destruction and from thenceforth this Lease Agreement shall cease and come repairs or maintenance is given to an endLandlord by Tenant. In the event, the damage is caused by the act of the Tenant(s), or someone Except as provided in or on the Premises by reason of Tenant’s permission or consentArticle 22 hereof, there shall be no reduction abatement of rent and Tenant(s) shall be liable for all costs no liability of repair. Should Landlord notify Tenant(s) by reason of intent any injury to cleanor interference with Tenant's business arising from the delay in and the making of any repairs, replace carpets alterations or paint improvements in or to any portion of the Building or the Premises, moving furniture or in or to fixtures, appurtenances and wall hangings shall be equipment therein. Tenant waives the duty and right to make repairs at Landlord's expense of the Tenant(s). Tenant(s) understands there will be no rent reductionsunder any law, adjustments, statute or other compensation due to repairs ordinance now or interruptions of service except as provided by lawhereafter in effect.

Appears in 1 contract

Samples: Lease (American Pharmaceutical Partners Inc /Ca/)

Repairs and Maintenance. It is 18.1. Landlord shall repair and maintain the responsibility structural and exterior portions and Common Areas of the Tenant(s) to notify Building and the Project, including roofing and covering materials; foundations; exterior walls; parking areas; landscape areas; plumbing; fire sprinkler systems (if any); heating, ventilating, air conditioning systems; elevators; electrical systems installed or furnished by Landlord immediately and the equipment listed on the matrix attached hereto as Exhibit D in good condition and repair, damage thereto from ordinary wear and tear excepted. 18.2. Except for services of any needed repair or unsafe condition existing around or in Landlord, if any, required by Section 16.13 and Section 18.1 , Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof including but not limited maintenance of the laboratory services equipment exclusively serving the Premises and listed on the matrix attached hereto as Exhibit D, including the back-up generator and reverse osmosis water equipment, in good condition and repair, damage thereto from ordinary wear and tear and damage by fire and other casualty excepted. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to cracks Landlord in as good a condition as when received, ordinary wear and tear (and, if the foundationLease is terminated pursuant to Article 24, cracks in plasterdamage by fire and other casualty) excepted; and shall, moisture in walls at Landlord’s request, remove all telephone and ceilingdata systems, buckling sheetrock or sidingwiring and equipment from the Premises, or and repair 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 Premises 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 the 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 necessarythereby. Landlord shall have no obligation to repair alter, remodel, improve, repair, decorate or paint the Premises or any defective conditionpart thereof; other than as described in Exhibit B. Landlord shall endeavor to assign any warranties it receives in connection with such laboratory services equipment, nor including the back-up generator, compressed air, central vacuum and reverse osmosis water equipment to Tenant upon completion of the Tenant Improvements. 18.3. Landlord shall not be liable for any defense failure to make any repairs or remedy to perform any maintenance that is an obligation of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be available made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the Tenant(s)person causing or authorized to cause such excavation, where the defective condition complained of 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 license to notify the Landlord of the condition or allow the Landlord access to enter the Premises for purposes the purpose of performing such work as said person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises Building 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, the rent shall cease until such time as the Premises 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 endProject. In the eventevent of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the damage is event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses, unless such costs are incurred due in whole or in part to any act, neglect, fault or omissions of Tenant or its employees, agents, contractors or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance. Notwithstanding the foregoing, to the extent that the cost of such repairs or maintenance caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission act, neglect, fault or consentomissions are outside the limits of any insurance maintained or required to be maintained by Tenant under this Lease, there but would be covered by insurance maintained or required to be maintained by Landlord under this Lease, Tenant’s obligations to pay the cost of such repairs and maintenance shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent subject to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawwaiver described in Section 23.7.

Appears in 1 contract

Samples: Lease (Organovo Holdings, Inc.)

Repairs and Maintenance. It is 11.1 Throughout the responsibility Term of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundationthis Lease, cracks in plasterLessee, moisture in walls at its sole cost and ceilingexpense, buckling sheetrock or sidingwill keep and maintain, or any leaks. If Xxxxxx(scause to be kept and maintained, the Demised Premises (including the grounds, sidewalks and curbs abutting the same) fails and the Personal Property in good order and condition without waste and in suitable state of repair at least comparable to that which existed immediately notify Landlord of visible problems, which result in damage prior 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 Commencement Date (ordinary wear and tear itemsexcepted, the adage “you broke it you pay subject 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 the 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 no Lessee's obligation to repair any defective condition, nor shall any defense or remedy be available to and replace the Tenant(s), where the defective condition complained of 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 notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies same in accordance with the Landlord-Tenant Actterms of this Lease), Tenant(s) must and will make or cause to be current in rentmade, as and when the same shall become necessary, all structural and nonstructural, exterior and interior, replacing, repairing and restoring necessary to that end. Tenant(s) All replacing, repairing and restoring required of Lessee shall be responsible for all broken glass. Tenant(s(in the reasonable opinion of Lessor) shall not paint, re-wallpaper, or otherwise redecorate or make alterations of quality at least equal to the Premises without the written consent of the Landlord. If written consent is given, such alterations original work and shall be at in compliance with all standards and requirements of law, licenses and municipal ordinances necessary to operate the expense Demised Premises as a Medicare and Medicaid certified skilled and/or intermediate care nursing home having no less than one hundred twenty-seven (127) licensed, and Medicaid certified beds. 11.2 Any items of the Tenant(s) Personal Property that are uneconomical to repair shall be replaced by new items of like kind and all replacement items shall become part of the Personal Property. No items of Personal Property shall be removed from the Demised Premises except in connection with repair or replacement of such items. Lessee may place additional property on the Demised Premises (not required for the replacement of the Personal Property) and such additional property shall be and remain the Owner’s property of Lessee. Lessee shall remove such additional property upon termination or expiration of this Lease provided that Lessee shall make such necessary repairs or replacements as may be required in order to return the Demised Premises to the condition which existed prior to the removal of the additional property. 11.3 Provided there is not an Event of Default by Lessee under this Lease, Lessee shall have the right, at any time and tenancy. Tenant(s) shall not permit from time to time, to remove and dispose of any act Personal Property which may have become obsolete or thing deemed hazardous by Landlord due to potential risk of fire unfit for use, or which will increase is no longer useful in the rate operation of insurance on said the Demised Premises, provided Lessee promptly replaces any such Personal Property so removed or disposed of with other personal property free of any security interest, lien or encumbrance. In case the Premises or surrounding areas Said personal property shall be damaged by fireof the same character and shall be at least equal in usefulness and quality as any such Personal Property so removed or disposed of, rainand such replacement property shall automatically become the property of and shall belong to the Lessor, wind, and Lessee shall execute such bills of sale or other cause beyond documents reasonably requested by Lessor to vest 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, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time ownership of such destruction and from thenceforth this Lease Agreement personal property in Lessor. Notwithstanding the foregoing, Lessee shall cease and come have the right to an endplace leased Personal Property on the Demised Premises provided that the payments due under such leases do not exceed $4,000 per year. In the event, event Lessee desires to place leased personal property on the damage is caused by the act Demised Premises having annual payments in excess of the Tenant(s)amount provided for herein, or someone Lessee shall advise Lessor in or on writing and Lessor shall use its reasonable best efforts to seek 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 Premises, moving furniture and wall hangings shall be the duty and expense approval of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, Mortgagee or other compensation due to repairs or interruptions an amendment of service except as provided by lawthe Mortgage with respect thereto.

Appears in 1 contract

Samples: Lease Agreement (Sun Healthcare Group Inc)

Repairs and Maintenance. It a. Tenant acknowledges that the Premises is in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, maintain the responsibility Premises, and the areas adjacent thereto in good, clean and safe condition and repair. Without limiting the generality of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundationforegoing, 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 Tenant shall be done by or under solely responsible for maintaining and repairing all plumbing, heating, air conditioning, ventilation, electrical fighting, ceilings, flooring, windows, doors, plate glass, skylights, and interior walls. Except as required for the direction maintenance and repair of the Landlordheating, at the Landlord’s expenseventilation and air conditioning systems, 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 the 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 Tenant shall have no obligation to repair any defective condition, nor shall any defense right of entry or remedy be available to the Tenant(s), where the defective condition complained of 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 notify the Landlord of the condition or allow the Landlord access to the Premises for purposes roof of the repairBuilding, and only qualified installation or repair personnel shall be permitted access to the roof for such purposes. Before exercising any Tenant shall obtain heating, ventilating, and air conditioning systems, preventative maintenance contracts with monthly service, which shall be subject to the reasonable approval of Landlord, paid for by Tenant and which shall provide for and include without limitation replacement of filters, oiling and lubricating of machinery, parts replacement adjustment of drive belts, oil changes, and other preventive maintenance; provided, however, that Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in said systems. Landlord reserves the alternative right to procure and maintain heating, ventilating, and air conditioning systems, maintenance contracts and if Landlord so elects, Tenant shall reimburse Landlord, upon demand, for the cost thereof. Tenant waives the provisions of Sections 1941 and 1942 of the remedies in accordance with California Civil Code, and any similar or successor law regarding Tenant's right to make repairs and deduct the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) expenses of such repairs from the Rent due under this Lease. b. Landlord shall be responsible for all broken glassstructural repairs to the Building and shall maintain the roof, sidewalks, and foundations of the Building in good, clean and safe condition and repair. Tenant(s) Landlord shall be entitled to approve the sealing of any roof penetrations caused by any Alterations, which approval shall not paintbe unreasonably withheld. Landlord shall also maintain all landscaping, re-wallpaperdriveways, parking lots, fences, signs, sidewalks and other exterior Common Areas of the Park. c. Tenant's obligation to repair shall not extend to (i) damage caused in whole or otherwise redecorate in part by the sole active negligence or make alterations willful misconduct of Landlord or Landlord's agents, employees, invitees or licensees, but only to the Premises without the written consent of the Landlord. If written consent is given, extent attributable to Tenant or such alterations shall be at the expense of the Tenant(sother parties; (ii) 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided in Paragraph 24 of the Lease, damage due to fire, earthquake, acts of God, the elements or other casualty; or (iii) damage caused by lawLandlord's failure to comply with the provisions of this Lease, including Landlord's repair obligations.

Appears in 1 contract

Samples: Lease Agreement (Digital Microwave Corp /De/)

Repairs and Maintenance. It is 17.1 Tenant, at its sole cost and expense, shall maintain and keep the responsibility 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 shall, no later than January 31st of each calendar year during the Term, provide to Landlord a copy of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in budget for maintenance, repairs and replacements at the Premises including but not limited to cracks in for the foundationpreceding calendar year, 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 a detailed summary of the amounts actually expended by Tenant during such period for maintenance, repairs and replacements at the end Premises. During the Term of tenancythis Lease, and in addition to the maintenance contracts required by Section 15.2 of the Lease, Tenant, at its sole cost and expense, shall hire a reputable property and building manager with experience in managing first class office and laboratory properties, which shall be subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, to manage the Building and the Project in accordance with the terms of this Lease, including this Article 17. In addition, if a Tenant(sTenant shall, within ten (10) calls for days after receipt of written notice from Landlord, provide to Landlord any maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service callrecords that Landlord reasonably requests. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing All repairs made by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have 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 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at least equal in quality to the expense of the Tenant(s) original work, and shall become part of 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 Premises non-structural alterations, repairs, additions or improvements to be performed do not exceed Twenty-Five Thousand Dollars ($25,000) in value. Landlord may impose reasonable restrictions and the Owner’s property upon termination of this Lease and tenancyrequirements with respect to such repairs. Tenant(s) Tenant shall not permit take or omit to take any act action, the taking or thing deemed hazardous by Landlord due omission of which shall cause waste, damage or injury to potential risk of fire or which will increase the rate of insurance on said Premises. In case Tenant shall Indemnify Landlord from and against any and all Claims (as defined below) arising from the Premises failure of Tenant or surrounding areas Tenant’s Agents to perform the covenants contained in this paragraph. “Tenant’s Agents” 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 defined to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises 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(s), or someone in or on the Premises by reason of include Tenant’s permission or consentofficers, there shall be no reduction of rent employees, agents, contractors, invitees, customers 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawsubcontractors.

Appears in 1 contract

Samples: Lease (PMV Pharmaceuticals, Inc.)

Repairs and Maintenance. It is Landlord shall, at its cost, during the responsibility term of ----------------------- this Lease keep in good repair the foundations, exterior walls, roofs, gutters, and down spouts forming a part of the Tenant(s) to notify Leased Premises. Landlord will be responsible for making major repairs or replacement of the Landlord immediately HVAC system until March 31, 1999, at which time Tenant will be responsible for HVAC repairs or replacement throughout the remainder of the Lease, as required. Tenant shall, at its cost, keep in good repair the parking lot drives, sidewalks, and common areas forming a part of the Leased Premises and shall maintain in good and first-class condition the lawn, sidewalks, drives, common areas, and shrubbery, including watering same, cutting the grass, and the replacing of any needed dead trees, bushes or other ornamental plants. Tenant also, at its own cost and expense, keep all other parts of the Leased Premises in good repair or unsafe condition existing around or in the Premises including (including, but not limited to, repair and replacement of the mechanical equipment, plumbing system, electrical system, sprinkler system, exterior doors and interior doors and partitions) and shall keep the Leased Premises in good order to cracks the standards of a first-class office building, including, but in no way limited to, keeping the Leased Premises free of trash; and maintaining, and replacing all broken glass, plate glass and skylights, in the foundation, cracks Leased Premises. In the event that Tenant shall be 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 unitdefault under this Paragraph 10, then Tenant(sLandlord may cure such default on behalf of Tenant after providing 10 days prior written notice, in which event Tenant on demand shall reimburse Landlord for all sums paid to effect such cure, plus twelve percent (12%) becomes liable for cost of resultant damage. All repairs necessary thereof to maintain premises shall be done by or under the direction of the cover 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 's overhead expenses 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 tenancyplus reasonable attorneys' fees. In additionorder to collect such reimbursement, 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 the 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 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 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 notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of all the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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 available under this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk for a default in the payment 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, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawrent.

Appears in 1 contract

Samples: Sublease Agreement (Concentric Network Corp)

Repairs and Maintenance. It is (a) Landlord agrees, at Landlord's expense to keep in good order and repair the responsibility foundation exterior sidewalls (except for glass) and roof, hereinafter referred to as ("Structural Members"). All other repairs, including glass replacement, HVAC, electrical, floor slab, plumbing and mechanical repair and replacement, and removal of adjacent graffiti at the exterior of the Tenant(sPremises, shall be at Tenant's expense. Landlord warrants that upon the commencement of this lease, HVAC systems and equipment provided by Landlord serving the Building are in good repair. With regard to any warranties which Landlord receives on HVAC and other equipment Landlord will properly authorize Tenant to initiate and maintain any and all claims under such warranties. Any such repairs or replacement of the HVAC and fire sprinkler systems or Tenant's components, or other equipment will be at Tenant's expense. Landlord agrees that, to the extent possible, all repairs and maintenance performed under this Paragraph will not interfere with Tenant's use and occupancy of the Premises. In the event either Landlord or Tenant fails to commence making or causing to be made repairs which either party is required to make, within Five (5) to notify the Landlord immediately of any needed repair or unsafe condition existing around or working days (24 hours in the case of emergency repairs) after receipt of notice from the other, that such repairs are necessary, either Landlord or Tenant may make such repairs, or cause such repairs to be made, and bill xxx other for the cost thereof. Tenant agrees that Tenant will, at Tenant's expense, during the continuance of this Lease, keep the interior (except Structural Members) of the Building, including glass and building systems referenced herein above, in good condition and repair. Tenant further agrees that at the expiration or early termination hereof, Tenant will yield and deliver up the Premises including but not limited to cracks Landlord as nearly as possible in the foundationsame condition as when taken, cracks in plasterreasonable use and wear thereof and damage by the elements excepted. Any repairs required under Paragraph 10 herein, 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 shall be completed 30 days prior to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by lease maturity date 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 vacation of the Premises at by Tenant, whichever occurs first. (b) Tenant shall, within 30 days of vacating the time Premises, make any and all repairs and replacements which may be necessary to return the Tenant(s) took possession. Although Premises to the Landlord repairs condition existing when Tenant occupied the Premises, subject only to normal wear and tear itemstear. All building improvements effected by Tenant's product or operations, 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 the 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 no obligation to repair any defective condition, nor shall any defense whether physical damage or remedy be available to the Tenant(s), where the defective condition complained of 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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 obnoxious odors 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, the rent shall cease until such time as the Premises 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(s), Tenant on or 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 before vacating the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.

Appears in 1 contract

Samples: Industrial Building Lease (Cyco Net Inc)

Repairs and Maintenance. It is the responsibility of the Tenant(s) to notify the Landlord 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 leaks18.1. 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 its own cost, shall repair the Landlord’s expensestructural portions of the Premises, except those caused including, without limitation, foundations, structural interior partitions, and exterior walls, unless such repairs are required in whole or in part because of any act, neglect, fault of or omissions of any duty by negligence or acts of Tenant(s)Tenant, Tenant’s its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the full cost of such repairs shall be made prior to and as a condition to Landlord’s obligation to make such repairs. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall, at the its sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of and expense, keep the Premises at the time the Tenant(sand every part thereof (including, without limitation, plumbing, fire sprinkler system (if any), heating, ventilating, air conditioning, elevator, electrical systems, exterior landscaping and, subject to Section 7.4 hereof, roofing and covering materials and parking areas) took possession. Although the Landlord repairs normal in good condition and repair, ordinary wear and tear itemsexcepted. Tenant shall, upon the adage “you broke it you pay expiration or earlier termination of this Lease, surrender the Premises to fix it” applies to the Tenant(s) Landlord in at least as good as its condition when received, ordinary wear 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 the 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 necessarytear excepted. Landlord shall have no obligation to repair alter, remodel, improve, repair, decorate or paint the Premises or any defective condition, nor part thereof. 18.3. Landlord shall not be liable for any defense failure to make any repairs or remedy to perform any maintenance which is an obligation of Landlord unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Tenant waives the rights that may be available to it under the Tenant(s)laws of the State in which the Premises is located or under any similar law, where statute or ordinance now or hereafter in effect to make repairs at Landlord’s expense. Prior to entering the defective condition complained Premises to perform work and make repairs which are permitted or required pursuant to the terms of was caused by this Lease (except in the event of an emergency, in which event such right and access shall be unrestricted) Landlord shall give Tenant reasonable advance notice of the proposed entry or access. Landlord shall perform all work and make all repairs in a manner designed to reasonably minimize any material interference with Tenant, Xxxxxx’s family, invitee, licensee, use of the Premises (although Landlord shall not thereby be required to incur overtime or other person acting under the control or direction of the Tenant(s), or where the additional expense to do so unless Tenant unreasonably fails to notify the requests 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) do so and shall become part pay for such expense). 18.4. This Article 18 relates to repairs and maintenance arising in ordinary course of operation of the Premises and the Owner’s property upon termination any related facilities, including minor acts 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, the rent shall cease until such time as the Premises 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 endvandalism. In the eventevent of fire, the damage is caused by the act earthquake, flood, riot, major acts of the Tenant(s)vandalism, war, or someone in similar cause of damage or on destruction, this Article 18 shall not be applicable and the Premises by reason provisions of Tenant’s permission or consent, there Article 22 shall be no reduction of rent apply 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawcontrol.

Appears in 1 contract

Samples: Lease (Supernus Pharmaceuticals Inc)

Repairs and Maintenance. It is Landlord, at its sole cost and expense, shall maintain and keep in good order and repair and make any necessary replacements to the responsibility roof, foundation, structural components, and exterior walls of the Tenant(s) Building; provided, however, that Landlord shall not be required to notify make any repairs or replacements required as a result of the Landlord immediately act or neglect of Tenant, its employees, contractors, licensees, agents and/or invitees (including, without limitation, the Tenant Alterations). Except for Landlord's obligations set forth above and any needed repairs required as a result of a fire or other casualty to which the provisions of Section 11. are applicable, Tenant agrees, at its sole cost and expense, to keep in good order and operating condition and repair or unsafe condition existing around or in all portions of the Premises including Building and the Premises, including, but not limited to cracks in the foundationto, cracks in plasterall day-to-day maintenance and repair (and, moisture in walls and ceilingif necessary, buckling sheetrock or siding, or any leaks. If Xxxxxx(sreplacement) 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 LandlordBuilding, at the Landlord’s expenseHVAC system, except those caused by negligence or acts of Tenant(s)plumbing, Tenant’s agentselectrical system, 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 grounds 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, materialparking lot, and parts used, which are the 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 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 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part take good care of the Premises and the Owner’s property upon termination of this Lease and tenancypermit no waste thereto. Tenant(s) If Landlord shall not permit any act or thing deemed hazardous by commence such repairs within the fifteen (15) days following written notice from Tenant that such repairs are necessary then Tenant may, at its option, cause such Landlord due repairs to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas be made and shall be damaged by fire, rain, wind, or other cause beyond the control furnish Landlord with a statement of the reasonable and actual cost of such repairs upon substantial completion thereof. Landlord or shall reimburse Tenant for the Tenant17 18 reasonable and actual cost of such repairs within thirty (30) days of the date of the statement from Tenant setting forth the amount due, provided, however, should Landlord fail to reimburse Tenant with said thirty (30) day period, then the Premises or surrounding areas shall be repaired within a reasonable time Tenant may, at the expense of the Landlord; its option, offset such amount against subsequent Rent and in case the damage is so extensive as to render the Premises unfit for human habitation, the additional rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth due under this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawLease.

Appears in 1 contract

Samples: Lease Agreement (Net2000 Communications Inc)

Repairs and Maintenance. It is the responsibility of the Tenant(s) to notify the Landlord immediately of any needed 8.1. Landlord, at its expense, shall keep, maintain and repair or unsafe in good condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plasterthe structural columns and beams, moisture in walls the exterior and ceilingthe roof of the Building, buckling sheetrock the HVAC, other systems and the Common Areas of the Building, except for (i) those repairs which arise out of the fault or sidingnegligence of Tenant, (ii) those repairs for which Tenant is responsible pursuant to Section 8.2 hereof or pursuant to any other provision of this Lease, or any leaks. If Xxxxxx(s(iii) fails repairs to immediately notify Landlord of visible problemsTenant's personal property; provided, which result in damage to the unithowever, 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 the 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. that Landlord shall have no obligation or liability to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of 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 notify the Landlord of the condition or allow the Landlord access to perform repairs in the Premises for purposes until receipt of written notice from Tenant specifying the repairrepairs required. 8.2. Before exercising any Tenant shall, throughout the Term, take good care of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of maintain the Premises and the Owner’s property upon termination of this Lease fixtures and tenancyappurtenances therein, and shall make all non-structural repairs and replacements, as and when needed to preserve the Premises in good working order and condition, in each case ordinary wear and tear and casualty excepted. Tenant(s) shall not permit any act All damage or thing deemed hazardous by Landlord due injury to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas to any other part of the Property, whether requiring structural or nonstructural repairs, caused by or resulting from any carelessness, act, omission, negligent or improper conduct of Tenant, Tenant's servants, employees, contractors, agents, invitees or licensees, or by this use or manner or use of the Premises by Tenant or nay such person, shall be damaged repaired promptly by fireTenant at its sole cost and expense, rainto the satisfaction of Landlord. Tenant shall also repair all damage to the Property and to the Premises caused by the moving of Tenant's fixtures, windfurniture, or other cause beyond the control equipment into out of the Landlord or the Tenant, then the Premises or surrounding areas the installation thereof. All such repairs shall be repaired within a reasonable time of quality and class equal to the Initial Improvements. Notwithstanding anything herein to the contrary, Landlord shall, at Tenant's sole cost and expense, have the expense right to perform any repairs outside of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense or to any of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due systems in the Building which are Tenant's responsibility pursuant to repairs or interruptions of service except as provided by lawthis Section 8.

Appears in 1 contract

Samples: Office Lease (Us Servis Inc)

Repairs and Maintenance. It is the responsibility 15.01 Tenant shall take good care of the Tenant(sDemised Premises and the fixtures and appurtenances therein, and at its sole cost and expense shall make all repairs thereto, as and when needed to preserve them in good working order and condition. In addition, Tenant, at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Building as shall be required by reason of (i) the performance or existence of work by Tenant necessary to notify suit the Landlord immediately Demised Premises to Tenant's initial occupancy or Permitted Tenant's Work (ii) the installation, use or operation of any needed repair or unsafe condition existing around or 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. Tenant shall not be responsible, and Landlord shall be responsible, for any repairs to the Demised Premises as are required by reason of Landlord's neglect or other fault in the manner of performing any work included in the Work Letter or Permitted Tenant's Work which may be undertaken by Landlord for Tenant's account or as are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or contractors. 15.02 Landlord shall keep and maintain the Building and its fixtures, appurtenances, systems and facilities serving the Demised Premises, in good working order, condition and repair and shall make all structural repairs, interior and exterior, except as indicated in Section 15.01 as and when needed in the Building, except for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease, and subject to all other provisions of this Lease, including but not limited to cracks the provisions of Article 21. 15.03 Except as expressly otherwise provided in the foundationthis Lease, 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 the 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 no obligation liability to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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, the rent shall cease until such time as the Premises 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(s), or someone in or on the Premises by reason of Tenant’s permission any inconvenience, annoyance, interruption or consentinjury to business arising from Landlord or any tenant making any repairs or changes or performing maintenance services, there whether or not Landlord is required or permitted by this Lease or by law to make such repairs or changes or to perform such services in or to any portion of the Building or the Demised Premises, or in or to the fixtures, equipment or appurtenances of the Building or the Demised Premises, provided that Landlord shall be no reduction reasonably diligent with respect thereto and shall perform such work, except in case of rent emergency, at times reasonably convenient to Tenant and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent otherwise in such manner and to clean, replace carpets or paint the Premises, moving furniture extent practical as will not unreasonably interfere with Tenant's use and wall hangings shall be the duty and expense occupancy of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawDemised Premises.

Appears in 1 contract

Samples: Lease (Clarus Corp)

Repairs and Maintenance. It is (a) Except as specifically otherwise provided in subparagraphs (b), (c) and (d) of this Article, Tenant, at its sole cost and expense and throughout the responsibility Term of this Lease, shall keep and maintain the interior, non-structural portions of the Tenant(s) Premises in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all interior, non-structural repairs necessary to notify keep and maintain such good order and condition. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord immediately of any needed repair or unsafe condition existing around or in Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises including but not limited within a reasonable time of notice to cracks Landlord and shall charge Tenant for such services at Landlord’s standard rate (such rate to be competitive with the market rate for such services). When used in this Article 14, the foundation, cracks in plaster, moisture in walls term “repairs” shall include replacements 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 damagerenewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain premises all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be done by or under included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the direction Term of this Lease, shall make all necessary repairs to the Building outside of the LandlordPremises and the common areas, at including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s expenseobligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, except those caused repairs to the Premises, Building or Project and its appurtenant common areas made necessary by negligence a negligent or acts willful act or omission of Tenant(s)Tenant or any employee, Tenant’s agentsagent, contractor, or invitees, which repairs invitee of Tenant shall be made at the sole cost and expense of the Tenant(s). Such repairs shall be made to conform Tenant, except to the original condition extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for 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 Monday through Friday 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 the 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 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 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 notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies each week in accordance with the Landlord-guidelines set forth in Exhibit “E” attached hereto and the Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent pay its Allocated Share of the Landlord. If 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 cost thereof as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except Additional Rent as provided by lawin Article 6 hereof.

Appears in 1 contract

Samples: Full Service Lease (JGWPT Holdings Inc.)

Repairs and Maintenance. It is 17.1. Landlord shall repair and maintain the responsibility Project Common Areas, including, without limitation, repair and maintenance of landscaping, parking facilities, driveways, walkways, lighting, utilities, snow removal, irrigation and storm water management systems (and the Tenant(s) to notify the Landlord immediately full cost thereof shall be included as a part of Operating Expenses), unless such maintenance or repairs are required in whole or in part because of any needed repair act, neglect, fault of or unsafe condition existing around or in the Premises including but not limited to cracks in the foundationomissions of any duty by Tenant, 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 its agents, servants, employees or invitees, in which repairs case Tenant shall be made pay to Landlord the cost of such maintenance and repairs. 17.2. Except for services of Landlord, if any, required by Section 17.1, Tenant shall at the Tenant’s sole cost of and expense keep the Tenant(s). Such repairs shall be made to conform to the original Demised Premises and every part thereof in good condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal and repair, damage thereto from ordinary wear and tear itemsand condemnation excepted. Tenant shall, upon 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 the responsibility expiration or earlier termination of the Tenant(s)Term, must be pre-approved surrender the Demised Premises to Landlord in writing by as good as condition as when received, condemnation and ordinary wear and tear excepted. Other than as specifically set forth in the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Work Letter, Landlord shall have no obligation to repair any defective conditionalter, nor shall any defense or remedy be available to the Tenant(s)remodel, where the defective condition complained of was caused by the Tenantimprove, Xxxxxx’s familyrepair, invitee, licenseedecorate, or other person acting under paint the control Demised Premises or direction any part thereof. 17.3. [Intentionally Omitted.] 17.4. Tenant shall at all times during the Term maintain and operate the Building in a first-class manner for the uses set forth in Section 2.1.10. Landlord shall at all times during the Term maintain and operate the Project in a first-class manner for (i) pharmaceutical, biological or medical device research laboratory uses and related manufacturing, warehouse and distribution uses, or (ii) first-class office uses. 17.5. This Article 17 relates to repairs and maintenance arising in the ordinary course of operation of the Tenant(s), or where the Tenant unreasonably fails to notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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 habitationBuilding, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction Project and from thenceforth this Lease Agreement shall cease and come to an endany related facilities. In the eventevent of fire, the damage is caused by the act of the Tenant(s)earthquake, flood, war, or someone in similar cause of damage or on destruction, this Article 17 shall not be applicable and the Premises by reason provisions of Tenant’s permission Article 21 entitled “Damage or consent, there Destruction” shall be no reduction of rent apply 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawcontrol.

Appears in 1 contract

Samples: Lease Agreement (Qiagen Nv)

Repairs and Maintenance. It is the responsibility 14.01 Tenant shall take good care of the Tenant(sDemised Premises and the fixtures and appurtenances therein, but Landlord shall make all repairs thereto, including structural repairs, as and when needed to preserve them in good working order and condition. However, Tenant, at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Building, as shall be required by reason of (i) to notify the Landlord immediately performance or existence of any needed repair Tenant's Changes, (ii) the installation, use or unsafe condition existing around or operation of Tenant's Property in the Premises 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, and Landlord shall be responsible, for any of such repairs as are required by reason of Landlord's neglect or other fault of Landlord or its employees, agents or contractors. 14.02 Landlord shall keep and maintain the Building and its fixtures, appurtenances, systems and facilities serving the Demised Premises, in good working order, condition and repair and shall make all repairs, structural and otherwise, interior or exterior, as and when needed in the Building, except for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease, and subject to all other provisions of this Lease, including but not limited to cracks the provisions of Article 21. 14.03 Except as expressly otherwise provided in the foundationthis Lease, 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 the 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 no obligation liability to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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, the rent shall cease until such time as the Premises 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(s), or someone in or on the Premises by reason of Tenant’s permission any inconvenience, annoyance, interruption or consentinjury to business arising from Landlord or any tenant making any repairs or changes or performing maintenance services, there shall be no reduction whether or not Landlord is required or permitted by this Lease or by law to make such repairs or changes or to perform such services in or to any portion of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets the Building or paint the Demised Premises, moving furniture and wall hangings shall be or in or to the duty and expense fixtures, equipment or appurtenances of the Tenant(s). Tenant(s) understands there Building or the Demises Premises, provided that Landlord shall use due diligence with respect thereto and shall perform such work, except in case of emergency, at times reasonably convenient to Tenant and otherwise in such manner and to the extent practical as will be no rent reductions, adjustments, or other compensation due to repairs or interruptions not unreasonably interfere with Tenant's use and occupancy of service except as provided by lawthe Demised Premises.

Appears in 1 contract

Samples: Lease (RSL Communications PLC)

Repairs and Maintenance. It is the responsibility (a) Except as hereinafter expressly provided in this paragraph 8(a), Tenant shall at its own cost and expense keep and maintain all parts of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe Premises in good condition existing around or in the Premises (reasonable wear and tear and casualty damage excepted), promptly making all necessary repairs and replacements, interior and exterior, ordinary and extraordinary, including but not limited to cracks in the foundationto, cracks in plasterwindows, moisture in glass and plate glass, doors, and special office entries, interior walls and ceilingfinish work, buckling sheetrock or sidingfloors and floor coverings, or downspouts, gutters, heating, air conditioning and ventilation systems, dock boards, truck doors, dock bumpers, irrigation systems, paving, parking lot improvements, plumbing work and fixtures, pest extermination, exterior lighting fixtures, regular removal of trash and debris, regular mowing of any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problemsgrass, which result in damage to trimming, weed removal, landscape replacement, general landscape maintenance, keeping the unitparking areas, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under driveways, alleys and 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 whole of the Premises in a clean and sanitary condition. Landlord shall, at its own cost and expense, keep and maintain the roof, foundation and structural portions of the Building in good condition (except in the event of casualty or other damage contemplated by paragraph 15 hereof). Tenant shall give immediate written notice to Landlord of the need for repairs, and Landlord shall proceed within a reasonable time the Tenant(s) took possessionAMENDMENT TO INDUSTRIAL Initial: after receiving such notice to make such repairs. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies Landlord’s liability hereunder shall be limited to the Tenant(s) and it applies during tenancy as well as at the end cost 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 the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall not be the sole judge as to what repairs are necessaryliable for consequential damages. Landlord Tenant shall have no obligation to repair, maintain or contribute to Landlord’s expense of replacing, repairing or maintaining the roof, foundation or other structural portions of the Premises. Tenant’s maintenance obligations shall include any rail spur areas and any spur track serving the Premises if Tenant, at any time during the Lease Term, makes use of any rail spur track. In this regard, Tenant agrees to sign a joint maintenance agreement with the railroad company servicing the Premises, if requested by the railroad company. Tenant shall not be obligated to repair any defective conditiondamage caused by fire, nor shall any defense tornado or remedy other casualty covered by the insurance to be available maintained by Landlord pursuant to the Tenant(s)provisions of this Lease, where except that Tenant shall be obligated to repair all wind damage to glass except with respect to tornado or hurricane damage. (b) In the defective condition complained event Tenant fails to perform or have performed the following services after written notice from Landlord and a ten (10) day opportunity to cure, Landlord reserves the right to perform or have performed the paving and landscape maintenance, landscape replacement, exterior painting, maintenance of was caused exterior lighting fixtures, and the maintenance of the irrigation systems and common sewerage line plumbing which are otherwise Tenant’s obligations under paragraph 8(a) above and in such event, Tenant shall, in lieu of the obligations set forth under paragraph 8(a) above with respect to such items, be liable to Landlord for the reasonable cost and expense of same, including but not limited to, the reasonable cost for mowing of grass; care of shrubs; landscape replacement; general landscaping; maintenance (but not replacement) of parking areas, parking lot improvements, driveways and alleys; exterior repainting, maintenance of the exterior lighting fixtures and the maintenance of the irrigation systems. In the event Landlord is permitted 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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 terms of this Lease and tenancy. Tenant(s) elects to perform or cause to be performed such work, Tenant shall not permit any act or thing deemed hazardous by Landlord pay when 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; such costs and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawexpenses.

Appears in 1 contract

Samples: Industrial Lease Agreement (Collegiate Pacific Inc)

Repairs and Maintenance. It is the responsibility TENANT 10.1 Tenant shall take good care of the Tenant(s) Demised Premises, shall keep the Demised Premises in good and safe operating order and condition and shall not permit any waste, environmental or otherwise, to notify accumulate at the Landlord immediately of any needed repair or unsafe condition existing around or Demised Premises. Tenant shall use and operate the Demised Premises in the Premises including but not limited to cracks in the foundationmanner for which it was designed and intended, 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 shall make all non-structural repairs to the unit, then Tenant(s) becomes liable for cost of resultant damageinterior thereof and to the fixtures and equipment therein. All repairs necessary to maintain premises shall be done by or under the direction of the Landlordequal in quality, 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 class and value to the original condition work. Should any repairs which Tenant is required to perform under this Section require any disruption to utilities servicing the Building, such as gas, water, electric and communications, then such work may only be performed under the direct management and supervision of the Premises at the time the Tenant(s) took possessionLandlord. 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 Tenant’s responsibilities for the service callmaintenance and repair of certain portions of railroad tracks are set out in Exhibit “C-1” attached hereto. Any repairs, including labor, material, and parts used, which are the 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 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 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations repairing any portions of the railroad tracks included in the Exterior Common Areas as described in Section 1.2 hereof to the Premises without extent such repairs are required as a result of Tenant’s use of such tracks. Tenant’s responsibilities for the written consent maintenance and repair of the overhead cranes within the Demised Premises are set out in Exhibit “C-2” attached hereto. Should any work need to be performed by subcontractors, those subcontractors, if acceptable to Landlord, will be promptly approved by Landlord provided they supply to Landlord all required insurance verification. If written consent is given, such alterations shall be at Upon the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon expiration or other termination of this Lease Lease, Tenant shall surrender the Demised Premises and tenancyany remaining Alterations made by Tenant or Landlord, to Landlord, broom clean and in as good condition as prevailed as of the Commencement Date or, with respect to Alterations, as of the date such Alterations were made, ordinary wear and tear excepted. Tenant(s) In the event Tenant fails to surrender the Demised Premises to Landlord in the condition required hereunder or to correct any alterations made to the Demised Premises, Landlord may cause the same to be done for Tenant, and Tenant agrees to pay the cost thereof on demand as additional rent. The provisions of this Section shall survive the termination or expiration of this Lease. 10.2 Tenant covenants and agrees to keep the Demised Premises safe, clean and to keep the Demised Premises free from rubbish at its own expense. Tenant shall not permit any act accumulation of trash or thing deemed hazardous by Landlord due to potential risk of fire or which will increase garbage at the rate of insurance on said Demised Premises. In case Tenant agrees to reimburse Landlord, as additional rent, for the cost to Landlord of removal from the Demised Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond and the control Property of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense any refuse and rubbish of the Landlord; and Tenant in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case excess 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(s), or 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 Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawnormal waste.

Appears in 1 contract

Samples: Lease Agreement (Miscor Group, Ltd.)

Repairs and Maintenance. It is 19.1 Landlord shall repair and maintain in good condition and repair the Buildings and the Common Areas, including, without limitation, grounds, roofing and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevators, and electrical systems. Notwithstanding anything to the contrary in this Lease, Landlord shall have no responsibility to maintain or repair any vivarium(s) or data center(s). Tenant shall have sole responsibility to maintain and repair the vivarium(s) and data center(s). Landlord shall conduct its repair and maintenance activities for the Premises substantially in accordance with Exhibit T. Landlord shall maintain the Common Areas in accordance with its property maintenance protocols as established from time to time in accordance with Landlord’s reasonable determinations of appropriate property maintenance protocols. Upon Tenant’s request, Landlord shall explain such protocols and consider Tenant’s comments. Any actual out-of-pocket costs related to the Tenant(srepair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses subject to the CAM Pools, except Tenant shall pay for such repairs and maintenance to the extent that such repairs and maintenance are: (i) to notify the Landlord immediately required in whole or in part because of any needed repair act, neglect, fault or unsafe condition existing around or in the Premises including but not limited omissions of Tenant (where there is a duty 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(sact), Tenant’s its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance; and (ii) not paid out of insurance proceeds. Landlord shall be made perform all work and have its contractors perform all work in accordance with Applicable Laws. 19.2 Except for services of Landlord, if any, required by Section 19.1 and elsewhere in this Lease, Tenant shall at the Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear, insured casualty and permitted alterations excepted. Tenant shall, upon the expiration or sooner termination of the Tenant(s). Such repairs shall be made to conform to the original condition of Term, surrender the Premises at the time the Tenant(s) took possession. Although the to Landlord repairs normal in as good of a condition as when received, ordinary 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 the 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 necessaryinsured casualty excepted. Landlord shall have no obligation to repair alter, remodel, improve, repair, decorate or paint the Premises or any defective conditionpart thereof, nor shall any defense or remedy be available other than pursuant to the Tenant(sterms and provisions of the Work Letter and this Lease. 19.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an obligation of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Subject to the terms of this Lease, Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. Notwithstanding the foregoing, if Landlord fails to make any necessary repair in any New Building of which Tenant is the sole tenant (other than completion of any Punchlist Item or repair of any Defect in Landlord’s Work, which is governed by Section 4.5), where that is Landlord’s obligation under this Lease within fifteen (15) days after Tenant has reported to Landlord the defective condition complained of was caused by the need for such repair and does not remedy such failure within five (5) business days after further written notice from Tenant, Xxxxxxreferring to this paragraph and Tenant’s familyright to perform Self-Help Work, inviteethen Tenant may make such repairs as Self-Help Work, licenseeand the parties shall then have the same rights and obligations (subject to the same restrictions, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails except Tenant’s obligation to notify the Landlord of the condition give prior notices or allow the Landlord access to the Premises passage of any cure periods) as set forth in Article 4 for purposes of the repair. Before exercising any of the remedies in accordance with the LandlordSelf-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If 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, the rent shall cease until such time as the Premises 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 endHelp Work. In the event, the damage is caused by the act event of the Tenant(s), or someone in or an emergency 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 Premises, moving furniture and wall hangings shall be Tenant may perform Self-Help Work within any New Building of which Tenant is the duty sole tenant if in its reasonable determination such Self-Help Work is necessary. The reasonable cost and expense of the Tenant(s). Tenant(s) understands there such emergency Self-Help Work will be no rent reductionsreimbursable by Landlord within thirty (30) business days of its receipt of an invoice from Tenant as long as Tenant did not cause the emergency. In the event Tenant and Landlord shall disagree as to the party responsible for the emergency they shall resolve the dispute through arbitration under Article 50. 19.4 Repairs under this Article 19 that are obligations of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses to the extent they are included in the definition thereof, adjustments, or other compensation due except as otherwise provided in this Article 19. 19.5 This Article 19 relates to repairs and maintenance arising in the ordinary course of operation of the Buildings and the Entire Project and any related facilities. In the event of fire, earthquake, flood, vandalism, war, terrorism, natural disaster or interruptions similar cause of service except as provided by lawdamage or destruction, Article 23 shall apply in lieu of this Article 19.

Appears in 1 contract

Samples: Lease (Regeneron Pharmaceuticals Inc)

Repairs and Maintenance. It is 18.1 Landlord shall repair and maintain the responsibility structural and exterior portions and Common Areas of the Tenant(s) Building and Project, including foundations, exterior walls, load bearing walls, windows, plate glass, roofing, and roofing covering materials, and plumbing, fire sprinkler system, heating, ventilating, air conditioning, elevator, and electrical systems installed or furnished by Landlord (and not part of the Tenant Improvements), subject to notify reimbursement by Tenant as its Pro Rata Share of Operating Expenses to the Landlord immediately extent provided by Section 7. However, if such maintenance or repairs are required because of any needed repair act, neglect, fault of or unsafe condition existing around or in the Premises including but not limited to cracks in the foundationomissions of any duty by Tenant, 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 its agents, servants, employees or invitees, which Tenant shall pay to Landlord the costs of such maintenance and repairs shall be made attributable to Tenant's act, neglect, fault or omission. 18.2 Except as otherwise set forth in Section 18.1, Tenant shall, throughout the term of this Lease, at the Tenant's sole cost and expense keep the Premises and every part thereof in good condition and repair, including plumbing, fire sprinkler, heating, ventilating, air conditioning, elevator, and electrical systems installed as part of the Tenant(s)Tenant Improvements, except for damage thereto from causes beyond the reasonable control of Tenant and ordinary wear and tear. Such repairs Tenant shall be made to conform to upon the original condition expiration or earlier termination of the term hereof surrender the Premises at to Landlord in the time the Tenant(s) took possession. Although the Landlord repairs normal same condition as when received, ordinary wear and tear itemsand damage from causes beyond the reasonable control of Tenant excepted. Notwithstanding the foregoing, Tenant may elect not to replace major components of 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 additionheating, 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, materialventilating, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge air conditioning system installed as to what repairs are necessary. Landlord shall have 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 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 notify 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 all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises Tenant Improvements which fail after the first eight (8) years of the term, except to the extent required by applicable law for health and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) safety reasons; however, Landlord shall not permit any act or thing deemed hazardous by Landlord due be required 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 firereplace such major components either, 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, the rent shall cease until such time as the Premises 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(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no abatement or reduction of rent and Tenant(s) Rent, nor shall Tenant be liable for all costs relieved from the operation of repairany covenant or agreement of this Lease, in the event such components are not replaced. Should Landlord notify Tenant(s) of intent In the event Tenant elects to cleanreplace such major components, replace carpets or paint Tenant may remove the Premises, moving furniture and wall hangings shall be components at the duty and expense termination of the Tenant(s). Tenant(s) understands there will be no rent reductionsLease, adjustments, or other compensation due subject to repairs or interruptions the provisions of service except as provided by lawSection 30.

Appears in 1 contract

Samples: Lease (Cytel Corp/De)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!