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
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 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 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 (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. 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 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 (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 (Royal Bank of Canada), Purchase Agreement (Hipp W Hayne), Purchase Agreement (Liberty 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(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 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 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 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 (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 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 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 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 (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 Real Estate Fund Xv LTD Partnership), Purchase and Sale Agreement (Aei Income & Growth Fund Xxii LTD Partnership)
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 (TSW International Inc), Lease Agreement (Indus International)
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 (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
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) 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 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 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 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 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 (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 (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 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 (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 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 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 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
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
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)
Repairs and Maintenance. It is Except as otherwise provided in Paragraph 12 of this Lease, and subject to the responsibility provisions of Paragraph 10 of this Lease, Tenant shall, at its sole cost and expense, keep the Tenant(s) Premises in good order, repair and tenantable condition at all times during the Term, and Tenant shall promptly notify Landlord of all damages to notify the Premises and of all damaged or broken glass, fixtures and appurtenances within the Premises and Landlord immediately of any needed shall thereafter repair or unsafe condition existing around replace the same at Tenant's sole cost and expense; provided, however, that Tenant shall not be required to pay for the repair or in replacement of broken or damaged exterior window glass unless such repair or replacement is necessitated by the act, failure to act, or neglect of Tenant, its servants, employees, agents, invitees or guests. The costs paid or incurred by Landlord for such repairs and replacements (including Landlord's overhead and profit, and the cost of general conditions) shall be deemed additional rent reserved under this Lease due and payable forthwith. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make any repairs, alterations, improvements or additions, including but not limited to cracks in to, ducts and all other facilities for heating and air conditioning service, as Landlord shall desire or deem necessary for the foundationsafety, cracks in plastermaintenance, moisture in walls and ceilingrepair, buckling sheetrock preservation or sidingimprovement of the Building, or as Landlord may be required or requested to do by the City of Indianapolis or by the order or decree of any leakscourt or by any other proper authority. If Xxxxxx(s) fails In the event Landlord or its agents or contractors shall elect or be required to immediately notify Landlord of visible problemsmake repairs, which result in damage alterations, improvements or additions to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by Premises 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 itemsBuilding, 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 allowed to take into and upon the sole judge as Premises all material that may be required to what repairs make such repairs, alterations, improvements or additions and, during the continuance of any of said work, to temporarily close doors, entry ways, public space and corridors in the Building and to interrupt or temporarily suspend any services and facilities without being deemed or held guilty of an eviction of Tenant or for damages to Tenant's property, business or person, and the rent reserved herein shall in no way abate while repairs, axxxxxtions, improvements or additions are necessarybeing made, and Tenant shall not be entitled to maintain any set-off or counterclaim for damages of any kind against Landlord by reason thereof. Landlord shall have no obligation to repair any defective conditionmay, nor shall any defense or remedy be available to the Tenant(s)at its option, where the defective condition complained of was caused by the Tenantmake all such repairs, Xxxxxx’s familyalterations, invitee, licenseeimprovements, or other person acting under additions in and 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 Building and the Premises for purposes of during ordinary business hours, but if Tenant desires to have the repair. Before exercising same done at any of the remedies in accordance with the Landlord-other time, Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible pay 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) overtime 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 lawadditional expenses resulting therefrom.
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Repairs and Maintenance. It is the responsibility of the Tenant(s(a) Except with respect 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 foundationRepairs (as defined below), 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, at the LandlordTenant’s expense, except those caused by negligence shall keep and maintain the Premises in good order and condition. As used in this Lease, “maintain” shall include without limitation promptly making all repairs and any reasonably necessary replacements necessary to keep and maintain such in good order and condition. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or acts advising Landlord of Tenant(s), Tenant’s agentsdesire to have Landlord make such repairs, or inviteesin which case Tenant shall pay to Landlord for such repairs at Landlord’s then-standard rate. To the extent that Xxxxxx requests that Landlord make any other repairs that are Xxxxxx’s obligation to make under this Lease, which Landlord may elect to make such repairs on Tenant’s behalf, at Tenant’s expense, and Tenant shall pay to Landlord such expense along with the Administrative Fee. If Tenant has been in default under this Lease beyond any applicable notice and cure period, Landlord may elect to require that Tenant prepay the amount of such repair. All Tenant repairs shall be made 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 sole cost of Building and 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 Tenant shall maintain, at Tenant’s expense, Tenant’s Supplemental HVAC, Premises Water Heaters, 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 the service call. Any repairs, including labor, material, clean 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; safe manner and in case proper operating condition throughout 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 repairTerm. 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.Supplemental
Appears in 1 contract
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
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.
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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.
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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.
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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.
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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 the responsibility Except as otherwise provided in this Article, Tenant, at its sole cost and expense, shall maintain each of the Tenant(sDemised Properties and each part thereof, structural and non-structural, in good order and condition, ordinary wear and tear and damage by casualty and condemnation excepted (such obligations shall include, without limitation, the obligation to maintain all areas outside of the Buildings (including all sidewalks, driveways, landscaping, trash enclosures, and trash compacting and loading areas on the Demised Properties), in a neat and clean condition, and ensuring that debris from the operation of each restaurant on the Demised Properties are cleaned on a regular basis) and, subject to notify the terms and conditions of Article VI, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen but subject to the casualty and condemnation provisions of this Lease. Tenant and Landlord immediately shall each pay one-half of the cost and expense of any needed repair or unsafe Repairs requested by Landlord which are performed during the last year of the Lease Term. When used in this Article VII, the term “Repairs” shall include all such replacements, renewals, alterations, additions and betterments necessary for Tenant to properly maintain each Demised Property in good order and condition existing around or and in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls compliance with all applicable laws. The adequacy of any and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage all Repairs to the unitDemised Properties required or conducted pursuant to this Article VII shall be measured by and meet, then Tenant(sat a minimum, all of the following standards: (1) becomes liable at least equal in quality of material and workmanship to the condition of the relevant Demised Property(ies) prior to the need for cost such Repairs; (2) avoidance of resultant damage. All repairs any and all structural damage or injury to the Building or persons therein; (3) any and all maintenance, service, operation and repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or affiliates’) restaurants; and (4) any and all repairs, replacements or upgrades necessary to maintain premises shall be done by or under ensure compliance with the direction rules and regulations of all governmental agencies having jurisdiction over the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(srelevant Demised Property(ies), Tenant’s agents, or invitees, which repairs including all Environmental Laws (as defined below) and shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition requirements of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear itemsany covenants, 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 additionconditions, 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, restrictions or other permitted encumbrances 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 necessaryrecord. Landlord shall have no obligation duty whatsoever to maintain, replace, upgrade, or 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 portion of the Tenant(s)Demised Properties, or where and Tenant hereby expressly waives the Tenant unreasonably fails right 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 repairs at the expense of Landlord, which right may be provided for in any law now or hereinafter in effect. If Tenant fails or neglects to commence and diligently proceed with all necessary Repairs or fulfill its other obligations as set forth above (for the Tenant(spurposes hereof, application by Tenant for a building permit (if necessary under applicable law to commence the applicable Repair) and shall become part be deemed to constitute the commencement of a Repair under this Article) within twenty (20) days after receipt of written notice of the Premises and need therefor describing the Owner’s property upon termination of this Lease and tenancy. Tenant(sapplicable Repair or other obligation (a “Repair Notice”) shall not permit any act or thing deemed hazardous by Landlord due to potential (except in emergency situations involving risk of fire further damage to the Demised Properties or injury to persons, in which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas no such grace period shall be damaged by fireapplicable and Tenant shall be obligated to commence immediately all necessary Repairs and diligently proceed to complete same), rain, wind, or other cause beyond the control of the then Landlord or its agents may enter the Demised Properties for the purpose of making such Repairs or fulfilling those obligations (with Landlord making commercially reasonable efforts not to unreasonably interfere with Tenant, then the Premises or surrounding areas shall be repaired within ’s business operations). All commercially reasonable out of pocket costs and expenses incurred as a reasonable time at the expense consequence of the such 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 ’s action shall be paid until the time by Tenant to Landlord within twenty (20) days after Landlord delivers to Tenant copies of invoices for such destruction and from thenceforth this Lease Agreement Repairs or other obligations. These invoices shall cease and come to an end. In the event, the damage is caused by the act be prima facie evidence 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 payment of the Tenant(s). Tenant(s) understands there will charges to be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided paid by lawTenant.
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Samples: Master Land and Building Lease (Ryan's Restaurant Leasing Company, LLC)
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 fifty (150) licensed 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 that Lessee is not in default under the 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, Facility Mortgagee or other compensation due to repairs or interruptions an amendment of service except as provided by lawthe Facility Mortgage with respect thereto.
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Repairs and Maintenance. It is 18.1. Landlord shall repair and maintain the responsibility Common Areas of the Tenant(s) Project, including those certain portions of the utility systems located outside the Premises to notify which the Premises may be connected, sidewalks, parking areas, curbs, roads, driveways, lighting standards, landscaping and snow removal. Costs incurred by Landlord immediately of any needed repair or unsafe condition existing around pursuant to this Section shall constitute Operating Expenses which shall be allocated in accordance with Exhibit J, unless such costs are incurred due in whole or in the Premises including but not limited part to cracks in the foundationany act, cracks in plasterneglect, moisture in walls and ceilingfault or omissions of Tenant or its employees, 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, contractors or invitees, in which case Tenant shall pay to Landlord the cost of such repairs shall be made and maintenance.
18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant, at the its sole cost and expense, shall maintain and keep the Premises, all improvements thereon, and all appurtenances thereto, including lighting standards, sewers, water, gas and electrical distribution systems and facilities, drainage facilities, Acid Neutralization Tank, fire sprinkler systems (if any) 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 December 1st of each calendar year during the Term, provide to Landlord a copy of the Tenant(s). Such budget for maintenance, repairs shall be made to conform to the original condition of the Premises and replacements 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 the following calendar year. Tenant shall, no later than February 28th of each calendar year during the Term, provide to Landlord a detailed summary of the repair. Before exercising any of the remedies in accordance with the Landlord-amounts actually expended by 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.during the
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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 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 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.
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Repairs and Maintenance. It is 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 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 in writing, Landlord of visible problems, which result in damage shall make such repairs to the unitPremises within a reasonable time of Landlord’s receipt of such written notice 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 shall utilize materials and equipment that are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. Landlord, throughout the Term and at Landlord’s sole cost and expense but subject to reimbursement pursuant to Section 4(a), shall make all necessary to maintain premises shall be done by or under repairs to: (i) the direction footings and foundations and the structural steel columns and girders forming apart of the LandlordPremises; (ii) the HVAC, at plumbing and electric systems serving the Landlord’s expensePremises; (iii) the Building outside of the Premises; and (iv) the common areas of the Building and the Project and shall keep and maintain all common areas appurtenant to the Building in a clean and orderly condition; provided, except those caused however, Tenant shall have the sole responsibility for the repair, maintenance, and replacement of any supplemental heating and/or cooling systems and equipment serving the Premises. Notwithstanding anything to the contrary in this Lease but subject to the provisions of Section 12 below, any 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 (a “Tenant Party”) 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: (i) of insurance proceeds received by Landlord; (ii) the Premises at damages needed to be repaired are covered by any insurance obtained by Landlord on the time Building or Project; or (iii) the Tenant(s) took possession. Although the damages needed to be repaired should have been covered by an insurance policy required to be maintained by Landlord repairs normal wear and tear items, the adage “you broke it you pay pursuant 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 not be the sole judge as liable to what repairs are necessary. Landlord shall have no obligation Tenant for any damage caused to repair any defective condition, nor shall any defense or remedy be available Tenant and its property due to the Tenant(s), where the defective condition complained Building or any part or appurtenance thereof being improperly constructed or being or becoming out of was caused by the Tenant, Xxxxxx’s family, invitee, licenseerepair, or other person acting under arising from the control leaking of gas, water, sewer or direction of the Tenant(s)steam pipes, 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 from problems 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 lawelectrical service.
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Repairs and Maintenance. It is (a) Subject to the responsibility obligations of Landlord to cause the completion of Landlord Repair Items at its own cost and expense, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the Building and the other improvements on the Premises and any sidewalks, parking areas, curbs, and access ways upon or adjoining the Premises in good order and condition 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, structural or nonstructural, foreseen or unforeseen. Tenant shall not use or permit the use of any portion of the Tenant(s) to notify Property for outdoor storage if doing so would be a violation of Governmental Requirements. 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 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 Landlord, at Lease. If there is 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 need to conform make capital improvements to the original condition Premises after the date of this Lease that are required under any governmental law or regulation that was not applicable to 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 date of this Lease or such capital improvements are attributable to fix it” applies a modification to the Tenant(s) and it applies during tenancy as well as at Premises requested by Tenant or made by Tenant after the end date of tenancy. In addition, if this Lease (a Tenant(s) calls for maintenance for which no such maintenance is needed (false call“Code Modification”), Tenant(sthen Tenant shall cause the completion of the Code Modification and the cost shall be amortized over such reasonable period as determined by Generally Accepted Accounting Principles (GAAP), and, except with respect to Code Modifications: (i) will to portions of the Premises that were included in the Tenant Improvement Work (including, without limitation such work in the Expansion Space), or (ii) required because of modifications to the Premises requested by Tenant or made by Tenant after the date of this Lease, Landlord shall reimburse Tenant for any portion of such amortized amount attributable to periods following the expiration of the term of the Lease; provided however, to the extent the Code Modification is specifically required due to specific use of the Premises by Tenant or by Tenant Parties as defined in Article 11 (b) of this Lease (as opposed to code modifications required of other similar properties, notwithstanding the specific use thereof) or for Code Modifications to portions of the Premises that were included in the Tenant Improvement Work (including, without limitation, such work in the Expansion Space), or attributable to modifications to the Premises requested by Tenant or made by Tenant after the date of this lease then Landlord shall not be charged required to so reimburse Tenant therefor.
(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 roof, floor slab, footings and foundations and the structural steel columns and girders forming a part of the Premises (other than portions that were included in the Tenant Improvement Work) 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. “Landlord Repair Items” are (i) repairs to be made by Landlord under this Paragraph 8(b), (ii) repairs which are covered by Landlord’s Warranty, (iii) repairs required to correct any latent defects or original design defects in the service call. Any repairsBuilding shell and Building systems construction, including labor, materiallabor or materials as part of Landlord’s Work in connection with construction of the Building shell and (iv) repairs required due to the negligence or willful misconduct of Landlord, and parts used, which are the responsibility of the Tenant(s), must be pre-approved any other item specifically designated as a Landlord Repair Item elsewhere in writing by the Landlordthis Lease. Landlord shall be required to promptly cause the sole judge as to what repairs are necessary. correction of any Landlord shall have no obligation to Repair Item at its own cost without recoupment from Tenant unless such repair any defective condition, nor shall any defense is made necessary because of Tenant’s wrongful or remedy be available to negligent acts or omissions or acts and omissions not intended in 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 design and engineering of the Tenant(s), or where the Building.
(c) 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 keep and maintain 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 portions of the Premises and any sidewalks, parking areas, curbs and access ways adjoining the Owner’s property upon termination Property in a clean and orderly condition, free of this Lease accumulation of dirt, rubbish, snow and tenancy. Tenant(s) ice, and shall keep and maintain all landscaped areas in a neat and orderly condition by performing all necessary tasks including, but not permit limited to, grass cutting, seeding, watering, weeding and replacing any act dead 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 lawdiseased plantings.
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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 seventy (70) licensed, and Medicaid certified beds and ten (10) assisted living units.
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.
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Repairs and Maintenance. It is (a) Lessee shall at all times during the responsibility Term at its own cost and expense repair, maintain, keep and make replacements to the Premises, and all equipment, fixtures and mechanical systems within or necessarily incidental to the Premises and the Building, and any other improvement now or hereafter made to the Premises and the Building in good order and repair, as a careful owner would do, and Lessee covenants to perform such maintenance, to effect such repairs and replacements at its own cost and expense as and when necessary or reasonably required so to do by Lessor (provided, however, Lessee shall not be required to -------- ------- make any capital repairs or improvements that relate exclusively to space located on the fifth (5th) and ninth (9th) floors of the Tenant(sBuidling).
(b) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in Lessee shall keep and maintain the Premises including and the Building in first class order, condition and repair throughout the term of this Lease, as same may be renewed, including, without limitation, the roof, ceiling, walls, floor and foundation of the Building, and all trade fixtures and other fixtures and equipment contained therein (including, but not limited to cracks to, all elevators located in the foundationBuilding), cracks in plasterthe exterior and interior portions of all doors, moisture in walls and ceilingwindows, buckling sheetrock or sidingglass, plate glass, store fronts, locks, hardware, signs, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problemscasing, frames or caulking which result in damage to the unitsupport or surround same, 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 any damages caused by negligence or acts of Tenant(s)wood-destroying organisms, Tenant’s agentsand all plumbing, or inviteessewage, which sprinkler, electrical, wiring, heating, ventilating and air conditioning equipment and systems. Any and all such repairs shall be made performed at the Lessee's sole cost expense with materials and labor of the Tenant(s). Such repairs shall be made to conform such kind and quality equal or superior to the original condition work. Lessee shall permit no waste, damage or injury to the Premises or the Building or any part or system thereof. Lessee's obligation under this Paragraph 7(b) shall include the obligation to repair all structural and non-structural items, exterior and interior items, including, without limitation, the sidewalks, driveways, parking areas and parking lots, and all landscaped areas, lawns, grounds and streets in front of or appurtenant to same (provided, however, -------- ------- Lessee shall not be required to make any capital repairs or improvements that relate exclusively to space located on the fifth (5th) and ninth (9th) floors of the Buidling). Lessee shall not violate, nor permit Lessor or the Premises at to be in violation of, any Laws, and Lessee shall pay any and all costs and expenses incident to such compliance, and perform all repairs related thereto, and Lessee shall and does hereby indemnify and hold harmless Lessor from and against any and all costs, expenses, claims and damages by reason of any violations of any Laws affecting or imposed upon the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear itemsPremises or any portion thereof, the adage “you broke it you pay whether or not same relate to fix it” applies or be for a period prior to the Tenant(s) Commencement Date of this Lease, or relate to or involve any extraordinary or ordinary, or structural or non-structural, change and it applies during tenancy as well as at irrespective of whether such Laws or Repairs be of a kind that might be deemed to be within the end contemplation of tenancythe parties hereto. In additionthe event Lessee fails to so make such Repairs, as required hereunder, Lessor may do so, during the term hereby granted as same may be renewed, or after the expiration thereof, and all costs and expenses consequent or in any way related thereto, shall be promptly repaid by Lessee to Lessor as additional rent hereunder.
(c) Lessee shall at all times keep the Premises and the Building in neat, clean and sanitary condition and will not allow any refuse or garbage, or cartons or like material resulting from deliveries, or loose or waste material to accumulate in or about the Premises or the Building. All trash, rubbish, waste material and other garbage must be disposed of by Lessee on a regular basis, at Lessee's sole expense. In the event Lessee fails to clean in accordance with this Paragraph 7 upon written notice from Lessor so to do, Lessor may clean the same and the cost thereof will be paid by Lessee to Lessor upon demand as additional rent.
(d) Before commencing any material repairs, replacements, maintenance, alteration, decoration or improvements set out above, or elsewhere referred to in this Lease, Lessee shall obtain Lessor's written approval, which approval shall not be unreasonably withheld or denied, and will, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call)required by Lessor to do so, Tenant(s) will be charged for the service callsubmit plans and specifications therefor. Any repairs, including laborreplacements, materialmaintenance, alterations, decorations or improvements so done by Lessee must be carried out in a good and workmanlike manner.
(e) If Lessee refuses or neglects to repair properly as required hereunder and to the reasonable satisfaction of Lessor, Lessor may make such repairs without liability to Lessee for any loss or damage that may accrue to Lessee's merchandise, fixtures or other property or to Lessee's business by reason thereof, and parts usedupon completion thereof, which are Lessee shall pay Lessor's actual reasonable costs in the responsibility circumstances for making such repairs, immediately upon presentation of a xxxx therefor.
(f) Lessee waives the Tenant(s), must be pre-approved provisions of any applicable law or regulation that would require Lessor to maintain the Premises 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 a tenantable condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance would provide Lessee with the Landlord-Tenant Act, Tenant(s) must be current in right to make repairs and deduct the cost of those repairs from the 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
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.
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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 18.1 As further detailed on Exhibit J attached hereto and incorporated herein by reference, Landlord shall repair, replace and maintain in accordance with standards for comparable first-class buildings in the responsibility Rockville, Maryland area and in accordance with all Applicable Laws (a) the Common Areas, (b) the structural and exterior portions of the Tenant(sBuilding and the Project, including without limitation roofing and covering materials, foundations and exterior walls (collectively, the “Structural Building improvements”), and (c) upon Tenant’s request for a Turnover pursuant to notify Article 43, following the Landlord immediately of any needed repair or unsafe condition existing around or in Turnover Date, the elevators and the base Building plumbing, fire and life safety, heating, ventilating, air conditioning, electrical, security and mechanical systems (collectively, the “Building System Improvements”).
18.2 As further detailed on Exhibit J attached hereto and incorporated herein by reference, 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, damage thereto from ordinary wear and tear excepted, it being understood and agreed by Landlord that ordinary wear and tear for purposes of this Lease shall mean operation of the Building and the Building systems 24 hours per day, 7 days per week, 365 days per year. 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 shall remove all of Tenant’s personal property listed on Exhibit H attached hereto and incorporated herein by reference (which list may be updated from time to time by Xxxxxx, subject to Landlord’s prior written approval, such approval not limited to cracks in the foundationbe unreasonably withheld, cracks in plasterconditioned or delayed), 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 unitPremises caused thereby. Upon such surrender, 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 alter, remodel, improve, repair, decorate or paint the Premises or any defective conditionpart thereof.
18.3 Except as otherwise set forth herein, nor 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 except as set forth in Section 31.14.
18.4 If any excavation shall be available made upon land adjacent to the Tenant(s), where the defective condition complained of was caused by 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 repair. Before exercising Building from injury or damage and to support the same by proper foundations, without any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible claim for all broken glass. Tenant(s) shall not paint, re-wallpaper, damages or liability against Landlord and without reducing or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is givenaffecting Tenant’s obligations under this Lease, such alterations shall be at the expense of the Tenant(s) and shall become part provided Tenant’s use of the Premises will not be materially and adversely interfered with in connection therewith.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the 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 omissions 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 1 contract
Samples: Lease (Macrogenics Inc)
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
Repairs and Maintenance. It is 18.1 Landlord shall, throughout the responsibility term of this Lease, at its own cost and expense, and without any cost or expense to Tenant, keep and maintain in good condition and repair the structural components of the Tenant(s) footings, foundation, bottom floor slab, and load bearing walls of the Premises, subject to notify the wear and tear consistent with commercially reasonable maintenance and repair standards applicable to comparable buildings. In addition, Landlord immediately of shall, at its own cost and expense, and without any needed cost or expense to Tenant, promptly repair any patent or unsafe condition existing around or latent defects in the design, materials or construction of the work required of Landlord to the extent of Landlord’s warranties in Section 14.2.
18.2 Except as otherwise set forth in Section 7.2(n) and 18.1, Landlord shall, throughout the term of this Lease, subject to reimbursement by Tenant as Operating Expenses under
Section 7.1 and without any cost or expense to Landlord, keep and maintain in good, sanitary and neat order, condition, and repair, the Premises and every part thereof (subject to wear and tear consistent with commercially reasonable maintenance and repair standards applicable to comparable buildings), including structural and capital improvements, all improvements, fixtures, equipment and personal property built or installed in the Premises, 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. Without in any way limiting the foundationforegoing, cracks Landlord shall maintain the lines designating the parking spaces in plastergood condition and paint the same as often as may be necessary, 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 so that they are easily discernable at all times; resurface the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs parking areas as necessary to maintain premises it in good condition; paint any exterior portions of the Building as necessary to maintain them in good condition; and maintain the roof in good condition.
18.3 Tenant shall be done by maintain sightly screens, barricades or enclosures around any waste or storage areas.
18.4 Tenant hereby waives Civil Code Sections 1941 and 1942 relating to a landlord’s duty to maintain the Premises in a tenantable condition, and 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 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 1 contract
Samples: Sublease (Salmedix 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 Changes, (ii) the installation, use or unsafe condition existing around 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, visitors, invitees 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 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 ceiling, buckling sheetrock agents or sidingcontractors, 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 if existing as of the Landlord, Commencement Date. Tenant 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 glassrepairs, maintenance and replacement of wall and floor coverings in the Demised Premises and, for the repair and maintenance of all lighting fixtures therein beyond customary wear and tear.
15.02. Tenant(s) Landlord, at its expense, shall not paintkeep and maintain the Building and its fixtures, re-wallpaperappurtenances, systems and facilities serving the Demised Premises, in good working order, condition and repair and shall make all repairs, structural and otherwise, interior and exterior, as and when needed in or otherwise redecorate or make alterations about the Demised Premises, except for those repairs for which Tenant is responsible pursuant to any other provisions of this lease. Notwithstanding this provision, Landlord shall be responsible for all repairs to the Premises without roof and the written consent new HVAC system in the front of the Landlordbuilding. If written consent is given, such alterations Tenant shall be at responsible for maintaining the expense windows in the same condition as they are on the day Landlord closes on its purchase of the Tenant(s) and Premises.
15.03. Except as expressly otherwise provided in this lease, Landlord 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(s). Tenant(s) understands there will be no rent reductions, adjustments, Building or other compensation due to repairs or interruptions of service except as provided by lawthe Demised Premises.
Appears in 1 contract
Repairs and Maintenance. It is Section 9.1 Landlord shall assign to Tenant on the responsibility of Commencement Date each and every warranty which Landlord has received from any party who was in any way responsible for the Tenant(s) to notify the Landlord immediately construction 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 all improvements constructed in accordance with the Landlordprovisions of this Lease.
Section 9.2 Tenant covenants throughout the entire term of this Lease, and at its sole cost and expense, to take good care of the Demised Premises, and to keep the same in good order and condition, except only for reasonable wear and tear incident to the use of the Demised Premises for the purposes permitted by this Lease; and Tenant further covenants, subject to said exception, with reasonable promptness at Tenant's own cost and expense, to make all necessary repairs, interior and exterior, structural and non-Tenant Actstructural, Tenant(s) must be current latent or patent, ordinary as well as extraordinary, foreseen as well as unforeseen, in rentand to said Demised Premises. Tenant(s) Tenant's obligation to make any such repairs as a result of a casualty loss at the Demised Premises shall be responsible for subject to all broken glassof the terms and provisions set forth in Article 18 hereof. Tenant(s) When used in this Article, the term "repairs" shall not paintinclude replacements or renewals when necessary, re-wallpaperand all such repairs made by Tenant shall, to the extent reasonably feasible, be equal, or otherwise redecorate or make alterations at Tenant's option, better, in quality and class to the Premises without original work. Tenant shall keep and maintain the written consent building and all portions of the Landlord. If written consent is givenDemised Premises in a clean and orderly condition, such alterations free of accumulated dirt and rubbish, and shall be at keep all driveways, , passageways, sidewalks, and curbs, if any, located within the expense boundaries 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 Demised Premises, moving furniture free from snow 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 lawice.
Appears in 1 contract
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 (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 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 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 non-Building standard lights, cracks in plasterballasts, moisture in walls tubes, ceiling tiles, outlets and ceiling, buckling sheetrock other non-Building-standard 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). Landlord, then Tenant(s) becomes liable for cost as part of resultant damageOperating Expenses, shall replace all Building-standard lights, ballasts, tubes, ceiling titles, outlets and similar equipment. When used in this Article 14, the 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 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 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. Without limiting the foregoing, Tenant waives the right to make repairs at Landlord's expense under any law, at statute or ordinance now or hereafter in effect (including the Landlord’s expenseprovisions of California Civil Code Section 1942 and any successive sections or statutes of a similar nature). Tenant shall pay its Allocated Share of the cost of all repairs, except those caused as limited under Article 6 with respect to capital repairs, to be performed by negligence 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, 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.
f. Notwithstanding anything herein to the contrary, repairs to the Premises, Building or acts Project and its appurtenant common areas made necessary by a negligent or 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. 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: Lease (E Digital Corp)
Repairs and Maintenance. It is Tenant, at its sole cost and expense, shall maintain the responsibility Demised Premises and each part thereof, structural and non-structural, in good order and condition and, subject to the terms and conditions of Article VI, if and as applicable, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen. When used in this Article VII, the term "Repairs" shall include all such replacements, renewals, alterations, additions and betterments necessary for Tenant to properly maintain the Demised Premises in good order and condition and in compliance with all applicable laws. The necessity for, and adequacy of, any and all Repairs to the Demised Premises required or conducted pursuant to this Article VII shall be measured by and meet, at a minimum, all of the Tenant(sfollowing standards: (1) to notify the Landlord immediately of any needed repair or unsafe condition existing around or at least equal in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls quality and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage class 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 Demised Premises prior to the need for such Repairs; (2) at least equal in quality and class to the condition of buildings and related facilities of similar construction and class in the general geographic area of the Demised Premises are generally maintained; (3) subject to the terms and conditions of Article VI, avoidance of any and all structural damage or injury to the Building or persons therein; (4) any and all maintenance, service, operation and repair standards and requirements set forth by Tenant for its (or its subsidiaries' or affiliates') restaurants; (5) any and all repairs, replacements or upgrades necessary to ensure compliance with the rules and regulations of all governmental agencies, including all Environmental Laws (as defined below); and (6) no mold which inhibits or impairs the intended use of the Demised Premises shall be permitted to remain unabated 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 necessaryDemised Premises. Landlord shall have no obligation duty whatsoever to maintain, replace, upgrade, or 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 portion of the Tenant(s)Demised Premises. If Tenant fails or neglects to make all necessary Repairs or fulfill its other obligations as set forth above, then Landlord or where its agents may enter the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Demised Premises for purposes the purpose of the repairmaking such Repairs or fulfilling those obligations. Before exercising any All costs and expenses incurred as a consequence 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 's action shall be paid until the time by Tenant to Landlord as Additional Rent within fifteen (15) days after Landlord delivers to Tenant copies of invoices for such destruction and from thenceforth this Lease Agreement Repairs or other obligations. These invoices shall cease and come to an end. In the event, the damage is caused by the act be prima facie evidence 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 payment of the Tenant(s)charges to be paid by Landlord. Tenant(s) understands there will be no rent reductionsExcept in the case of emergency, adjustments, or other compensation due to Landlord shall refrain from taking any such action unless Tenant has not commenced and diligently pursued making such repairs or interruptions fulfilling such obligations within thirty (30) days after Landlord delivers written notice of service except as provided the proposed actions to be taken by lawLandlord.
Appears in 1 contract
Samples: Land and Building Lease (Shells Seafood Restaurants Inc)
Repairs and Maintenance. It is Tenant agrees that they have fully inspected the responsibility premises and accepts the condition of the Tenant(spremises in “as is” condition with no warranties or promises express or implied. Tenant shall maintain the premises in as good a condition as exists at the commencement of this Lease, ordinary wear and tear excepted, and shall keep all areas of the premises, both inside and outside, clean, sanitary and free from any accumulations of debris, filth, rubbish and garbage. Landlord shall deliver the premises free of rodents and vermin, and thereafter Tenant is responsible for internal pest control. Tenant shall be responsible for any damage to the premises beyond ordinary wear and tear or caused by the negligence or willful act of Tenant or Tenant’s agents, contractors, visitors and guests. Ripped and stained carpet, holes in the wall, dented appliances, broken latches or hinges are examples of damage that would be above normal wear and tear. Tenant is requested to use any of the numerous products to affix items to the walls other than nails, wall anchors, screws and the like to avoid holes. Tenant is required to patch all holes prior to moving out. Landlord shall have the right to repair such damage and Tenant shall reimburse Landlord within five (5) days after demand and or all charges incurred as additional rent. Tenant agrees to notify Manager promptly of all required repairs in writing via their tenant portal and consents to the entry of Manager’s licensed, bonded and insured vendor on or about the Premises to make repairs. (See Addendum D for Work Order Procedure). Tenant shall test at least once every six (6) months and replace batteries as needed in any smoke alarm or smoke detector. Tenant shall replace the heating and air-conditioning filters as necessary but not less than every three (3) months, or at Landlord’s election, Tenant shall allow Landlord’s representative to enter the premises following notice to Tenant to replace such filters. Tenant shall be responsible for the cost to repair and damage caused to the heating and air-conditioning system by Tenant’s failure to replace such filters. Tenant shall reimburse Landlord for the costs of such filters upon five (5) days’ written demand therefor. Tenant shall replace all light bulbs which fail during the term of this Lease. Tenant shall replace any lost or damaged garage door openers provided to Tenant. Tenant shall take reasonable steps to prevent the freezing of any pipes or well lines during cold weather periods. Tenant is responsible for replacement of any consumables on or about the premises, including light bulbs, furnace filters, water filters, gas, and heating oil. Tenant is responsible for maintaining the landscaping to city and HOA code unless the Premises include either private or HOA landscaping services. Tenant is required to adequately keep yard and shrubs in green healthy condition. Failure to water adequately to keep plants and shrubs alive will be Tenant financial responsibility. Summertime watering is required. For homes with a pool, Tenant is responsible for maintaining proper water level at all times. Upon vacating the premises, Tenant must leave the premises clean and follow “Tenant Cleaning Checklist for Vacating Property.” In the event a major repair to the premises must be made which will necessitate the Tenant’s vacating the premises, Landlord may at its option terminate this agreement and Tenant agrees to vacate the premises holding Landlord harmless for any damages suffered if any. Tenant shall notify Landlord immediately of any needed maintenance need or repair or unsafe condition existing around or in writing. Tenant agrees that they shall immediately test 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) smoke detector and shall become part of maintain 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 lawsame.
Appears in 1 contract
Samples: Lease Agreement
Repairs and Maintenance. It is (a) Landlord, at its sole cost and expense (subject to reimbursement to the responsibility extent provided in Section 9), shall maintain and keep in good and working order and repair and make any necessary replacements to the Property including, without limitation, the following (except to the extent the same are contained in, and exclusively serve, the Premises in which case Tenant shall be responsible for such maintenance and repair): (i) the roof, foundation, structural components, and exterior walls of the Tenant(sBuilding, exterior doors and windows, (ii) to notify walks, sidewalks, parking areas, curbs, access ways, driveways, and other exterior areas, (iii) plumbing systems and fixtures, (iv) the heating, ventilation and air conditioning systems, (v) all electrical and mechanical systems, (vi) security systems, and (vii) sprinkler and life-safety systems. Landlord immediately shall keep all parking and other exterior areas free of accumulation of dirt, rubbish, snow and ice, and fully illuminated at night, and shall keep and maintain all landscaped areas in a neat and orderly condition. Without limiting the generality of the foregoing, Landlord shall make all repairs and replacements required by all applicable federal, state and local laws, regulations, ordinances and orders and/or by the requirements of any needed repair insurance underwriters or unsafe condition existing around underwriting organizations. Notwithstanding anything contained herein or in the Premises including but not limited to cracks in other provisions of 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 Lease to the unitcontrary, then Tenant(s) becomes liable for cost Landlord shall have no repair, maintenance or compliance obligations with respect to the interior of resultant damage. All repairs the Basement except to extent necessary to provide the utility services referred to in Section 11. Subject to Landlord's obligations set forth above, Tenant agrees 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 interior of the Premises and any Excess Space occupied by Tenant in the same condition, order and repair as they are at the time the Tenant(s) took possession. Although the Landlord repairs normal Commencement Date, excepting reasonable wear and tear items, arising from the adage “you broke it you pay to fix it” applies to the Tenant(s) use thereof and it applies during tenancy as well as at the end of tenancydamage by fire or other casualty. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed Tenant shall have the right, but not the obligation, at Tenant's sole cost and expense, to take any steps that may be required by applicable law to permit the continued legal occupancy of the Basement (false callsubject to the terms and provision of this Lease, including without limitation Landlord's consent rights to the extent required under Section 10, and subject to not materially interfering with the business operations of any other tenant in the Building), Tenant(sit being agreed that if Tenant elects not to take any such steps, Tenant shall have the right to vacate the Basement, in which event Tenant shall have no further obligations hereunder with respect to such space.
(b) will If Landlord shall not commence any repairs or maintenance required hereunder within the fifteen (15) days following written notice from Tenant that such repairs or maintenance are necessary (or if such failure is resulting in the Premises or a portion thereof being untenantable and Landlord has not commenced the same within 72 hours after written notice) then Tenant may, at its option, cause such repairs to be charged for the service call. Any repairs, including labor, material, made and parts used, which are the responsibility shall furnish Landlord with a statement of the Tenant(s), must be pre-approved in writing by the Landlordcost of such repairs or maintenance upon substantial completion thereof. Landlord shall be reimburse Tenant for the sole judge as to what cost of such 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 within ten (10) days of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord date of the condition or allow statement from Tenant setting forth 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 lawamount due.
Appears in 1 contract
Samples: Lease Agreement (Syratech Corp)
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, 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 except as otherwise provided in Section 14.02 hereof. 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 or (i) the performance or existence of work by Tenant necessary to notify suit the Landlord immediately of any needed repair or unsafe condition existing around Demised Premises to Tenant's initial occupancy or in connection with Tenant's changes, (ii) the installation, use or operation of Tenant's Property in the Demised Premises, (iii) the moving of Tenant's Property in or out of the Building, or (iv) the misuse or neglect of Tenant or any of its employees, agents or contractors. 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 provided for in Article 2 which Landlord is to perform in Tenant's changes which may be undertaken by Landlord for Tenant's account or are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or contractors.
14.02 Landlord shall keep and maintain the Building and its fixtures, appurtenances, systems and facilities (including the heating, ventilating and air-conditioning systems and the central or core elevator and plumbing systems), serving the Demised Premises, in good working order, condition and repair and shall make all structural repairs, interior and exterior, except as indicated in the second sentence of Section 14.01, 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 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 provisions 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 lawArticle 22.
Appears in 1 contract
Samples: Office Lease Agreement (Star Telecommunications Inc)
Repairs and Maintenance. It is 15.01 Subject to the responsibility provisions of Article 22 below, Tenant shall take good care of the Tenant(sDemised Premises, and shall promptly, at its sole cost and expense, make all nonstructural repairs to the Demised 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, as and when needed to preserve the Demised Premises (and all such fixtures, equipment and appurtenances) to notify the Landlord immediately in good working order and condition, except for reasonable wear and tear, unless such repair is required as a result of any needed repair act 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 omission 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 expenseits principals, except those caused by negligence or acts of Tenant(s)officers, Tenant’s agents, contractors, servants, employees, licensees 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 callsubject to the provisions of Article 22 and Section 10.03(b), Tenant(sTenant, 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) will the performance or existence of Tenant's Work or Tenant's Changes, (ii) the installation, use or operation of Tenant's Property in the Demised Premises, (iii) the moving of Tenant's Property in or out of the Building, or (iv) the misuse or neglect of Tenant or any of its employees, agents or contractors; but Tenant shall not be charged responsible for any of such repairs as are required by reason of Landlord's act or omission in the manner of performing any of Tenant's Work or Tenant's Changes which may be undertaken by Landlord for Tenant's account or are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or contractors. Except if required by the act or omission of Landlord or its employees, agents or contractors, Tenant, at its expense, shall replace all scratched, damaged or broken doors or other glass in or about the Demised Premises and shall be responsible for all repairs, maintenance and replacement of wall and floor coverings in the Demised Premises and, for the service callrepair and maintenance of all lighting fixtures therein. Any All repairs, including laborexcept for emergency repairs, material, and parts used, which are the responsibility of the Tenant(s), must made by Tenant as provided herein shall be pre-performed by contractors or subcontractors approved in writing by Landlord prior to commencement of such repairs, which approval shall not be unreasonably withheld or delayed, and shall be deemed granted if not denied within seven (7) business days after request, stating the grounds therefor in reasonable detail; provided that if Landlord fails to respond to Tenant within seven (7) business days with respect to a request for approval of a contractor or subcontractor, Tenant shall send to Landlord a notice (hereinafter referred to as the "Additional Notice") which shall state that unless Landlord responds to the request for approval of such contractor or subcontractor within three (3) business days after receipt of the Additional Notice, Landlord's approval of such contractor or subcontractor shall be deemed granted and, in the event Landlord fails to respond to such Additional Notice within three (3) business days of receipt thereof, Landlord will be deemed to have approved such contractor or subcontractor. Nothing contained in this Section 15.01 shall be deemed to modify the time frames expressly provided elsewhere under this lease with respect to the Initial Plan.
15.02 Landlord, at its expense, 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 and exterior, as and when needed in or about the Demised Premises, except for those repairs for which Tenant is responsible pursuant to any other provisions of this lease or which do not adversely affect the Demised Premises, access to the Demised Premises or portions of the Building Systems serving the Demised Premises..
15.03 Except as expressly otherwise provided in this lease, Landlord shall be 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 lease, or required by law to make, in or to any portion of the sole judge 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 in making any repairs and shall perform such repair work, except in case of emergency, at times reasonably convenient to Tenant and otherwise in such manner as to what repairs are necessary. will not materially interfere with Tenant's use of the Demised Premises or access thereto; provided, however, that, except as specified below, Landlord shall have no obligation to repair any defective condition, nor shall any defense employ contractors or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, labor at so-called overtime or other person acting under the control premium pay rates or direction to incur any other overtime costs or expenses whatsoever, except that Landlord, at its expense shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any repair required to be made by it hereunder to remedy any condition that (i) results in a denial 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 Demised Premises, (ii) immediately threatens the health or safety of any occupant 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-wallpaperDemised Premises, or otherwise redecorate or make alterations (iii) except in the case of casualty, materially interferes with Tenant's ability to conduct its business in 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 case all other cases, at Tenant's request and expense, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates and incur any other overtime costs or expenses in making any repairs, alterations, additions or improvements, provided that if more than one tenant requests such overtime work, the Premises or surrounding areas overtime costs therefore 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 shared pro-rata among 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 lawtenants.
Appears in 1 contract
Samples: Lease Agreement (Ivillage Inc)
Repairs and Maintenance. It is Except as otherwise provided in this Paragraph 5.2, Lessee covenants throughout the responsibility initial term of this Lease or any renewal term, at Lessee's sole cost and expense, to take good care of the Tenant(sdemised premises and all improvements now or at any time erected on the demised premises, such as the meters, sewage disposal, heating, plumbing and electrical systems serving same, if any, and to keep the same in good order and condition, and in a first rate state of decoration, and shall promptly at Lessee's own cost and expense make all necessary repairs, whether structural or nonstructural, interior and exterior, ordinary as well as extraordinary, foreseen as well as unforeseen, all subject to reasonable wear and tear. When used in this Article, the term "repairs" shall include replacements or renewals when necessary, and all such repairs made by Lessee shall be equal in quality and class of the original work. Lessee shall keep and maintain all portions of the building and the demised premises, and the sidewalks, ramps and steps adjoining same, in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. Lessee further covenants throughout the term of this Lease, at Lessee's sole cost and expense, promptly to comply with all laws and ordinances and the orders, rules, regulations and requirements of all federal, state and municipal governments and appropriate departments, commissions, boards, bureaus, agencies and officers thereof, and the orders, rules, regulations and requirements of the local board of fire underwriters (or any other body now or hereafter constituted exercising similar functions) whether such laws, ordinances, orders, rules, regulations and requirements are foreseen or unforeseen, ordinary or extraordinary, which may be applicable to notify the Landlord immediately Building, the furniture, fixtures, decoration equipment thereof and the sidewalk, curbs and vaults, if any, adjoining the demised premises or the use or manner of use of the Building. Lessee will likewise observe and comply with the requirements of all policies of public liability, fire and all other policies of insurance at any needed repair time in force with respect to the demised premises or unsafe condition existing around or in the Premises including but not limited Building. Notwithstanding the above provisions, Lessor shall have the obligation to cracks in repair, maintain and replace the foundation, cracks in plasterexterior walls, moisture in walls roof and ceilingstructural beams and columns, buckling sheetrock unless the required repairs or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to replacements are necessitated by 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 other 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 lawLessee.
Appears in 1 contract
Repairs and Maintenance. It is 6.1 The Landlord shall, with due diligence, at its own cost and expense, make all repairs to the responsibility interior and exterior bearing walls and foundation of the Tenant(s) Building, provided that any damage to notify the foregoing is not caused by the negligence of the Tenant, its servants, employees, agents or invitees, in which case such damage shall be repaired promptly by the Landlord immediately at the Tenant's sole cost and expense.
6.2 The Tenant shall, except as provided in Article 6.1 above, take good care of any needed the Leased Premises and, at its cost and expense, maintain, repair or unsafe condition existing around or in and replace, as necessary, the Premises including interior and exterior of the Building, including, but not limited to cracks the roof, roof leaders, drains, metal gravel stops and flashings, floor, loading dock, windows and doors, the air-conditioning and heating plant, the plumbing, pipes and fixtures belonging thereto; and shall replace all mechanical systems and working parts used in connection with the foundationair-conditioning, cracks in plasterelectrical, moisture in walls heating and ceilingplumbing plants, buckling sheetrock or sidingfixtures and systems, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problemsincluding ballasts and fluorescent fixtures; and shall keep the water and sewer pipes and connections free from ice and other obstructions, which result in damage to and shall generally maintain and repair 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 and exterior of the LandlordBuilding and shall, 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 tenancythe expiration of the term, deliver up the Leased Premises in good order and condition, damages by the elements, ordinary wear and tear excepted. The Tenant shall enter into a maintenance contract in connection with the maintenance and repair of all mechanical systems serving the Building. Said contract shall be with a reputable, recognized contractor who is reasonably acceptable to the Landlord, and said contract shall provide for inspection and service every two (2) months during the term of this lease. The Tenant shall promptly forward a copy of such contract, and all inspection reports thereafter received by the Tenant, promptly upon Tenant receipt of same. The Tenant covenants and agrees that it shall not cause or permit any willful or material waste (other than reasonable wear and tear), damage or disfigurement to the Leased Premises, or any deliberate overloading of the floors of the Building.
6.3 The Landlord shall maintain, repair and replace, as necessary, the lawns, shrubbery, driveways and parking areas of the entire Property described on Schedule "A", at the Tenant's sole cost and expense. The Tenant shall enter into a maintenance and service contract with a landscaper who is reasonably acceptable to the Landlord, providing for the services set forth on Schedule "C" annexed hereto. In addition, if the Tenant shall keep the walks and parking area adjacent to the Building free and clear of ice, snow and debris.
6.4 At the Tenant's request, the Landlord will manage the entire Property, upon payment of a Tenant(smanagement fee equal to five (5%) calls for maintenance for which no percent of the Base Rent payable hereunder, prorated at a monthly basis. If Tenant does not desire Landlord to manage the entire Property, but requests that Landlord provide some of the maintenance, repair or replacement services required by this Article 6, any such maintenance is needed (false call), Tenant(s) work will be charged billed to the Tenant on a monthly basis, it being understood that Tenant shall reimburse the Landlord for the service call. Any repairscost of such services, including labortogether with an additional ten (10%) percent for Landlord's overhead and profit, materialas Additional Rent, and parts usedwithin fifteen (15) days following receipt by Tenant of Landlord's invoice therefore, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord invoice 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 accompanied 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 lawsupporting documentation.
Appears in 1 contract
Samples: Lease Agreement (Adams Respiratory Therapeutics, 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 including without limitation, the heating, ventilating, and air-conditioning system serving the Demised Premises, 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 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(s) fails to immediately notify Landlord of visible problemsits employees, 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 itemstenants, 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 tenancyagents or contractors. In addition, Tenant at its expense shall make all repairs to the plumbing, electrical, heating and air conditioning systems and facilities within the Demised Premises, all non-structural repairs to the Demised Premises and all repairs to the storefront, windows and plate glass. Except if a Tenant(srequired by the gross neglect or other fault of Landlord or its employees, agents or contractors, Tenant, at its expense, shall replace all scratched, damaged or broken doors or other glass in or about the Demised Premises and shall be responsible for all repairs, maintenance and replacement of wall and floor coverings in the Demised Premises and, for the repair and maintenance of all lighting fixtures therein. All repairs, except for emergency repairs, made by Tenant as provided herein shall be performed by contractors or subcontractors approved in writing by Landlord prior to commencement of such repairs.
15.02 Landlord, at its expense, shall keep and maintain the Building and its fixtures, appurtenances, systems (except as otherwise expressly set forth in this lease) calls and facilities to the point of entry into the Demised Premises, in working order, condition and repair and shall make all structural repairs, except for maintenance those repairs for which no such maintenance Tenant is needed (false call), Tenant(s) will be charged responsible pursuant to any other provisions of this lease and except for the service call. Any repairs, including labor, material, and parts used, those repairs which are the responsibility of the Tenant(s)Condominium.
15.03 Except as expressly otherwise provided in this lease, 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 any inconvenience, annoyance, interruption or injury to business arising from either (a) 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 Unit, the Building or the Demised Premises, or in or to the fixtures, equipment or appurtenances of the Unit, Building or the Demised Premises, or (b) the Condominium making or failing to make any repairs or changes to any portion of the Building or the Demised Premises; provided that Landlord shall use due diligence with respect to the performance by Landlord thereto and shall perform such work and request that the Condominium 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 1 contract
Samples: Lease Agreement (American Realty Capital New York Recovery Reit Inc)
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) to notify Building and the Landlord immediately Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); 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 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 expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear (and casualty repairs that are not limited Tenant’s responsibility pursuant to cracks in this Lease) 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 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 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 reasonably 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 1 contract
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, storm sewers, water retention areas, roof drains and landscaping in good condition and repair, so as to notify tender it to LESSOR on the Landlord immediately of any needed repair or unsafe condition existing around or termination date, 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 OR LANDSCAPING. LESSOR, shall, at or before Commencement Date, or inviteesas soon thereafter as possible, which repairs (LESSOR using best efforts) assign to LESSEE all equipment warranties and guaranties received by it with respect to the improvements. LESSOR shall use its best efforts to cause the plumbing, heating, electric, roofing and paving subcontractors to guarantee their work (labor and materials) for a minimum of one (1) year, or such longer period as may be made customary; 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 sole cost Commencement Date, or as soon thereafter as possible (LESSOR using best efforts). LESSOR warrants the Addition, equipment and paved areas to be free from defects in labor, material or structural design for a period of one year from the 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 and tear itemsheating plant, 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 additionair conditioning or air cooling units, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call)plumbing, Tenant(s) will be charged for the service call. Any repairs, including labor, materialsanitary sewer lines, 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 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 to Build Addition Agreement (Reflectone Inc /Fl/)
Repairs and Maintenance. It is A. Subject to the responsibility provisions of the Tenant(s) this Lease with regard to notify the Landlord immediately of any needed repair damage by fire or unsafe condition existing around or in other casualty, Tenant agrees to maintain the Premises including in good order and repair during the Term of this Lease. Tenant will make all repairs, maintenance and replacements to the Premises and any improvements, equipment and fixtures therein, including, but not limited to cracks to: the ATM machine and surroundings area, any vaults, all interior and exterior doors, door jambs and frames, drive-in the foundationdoors, cracks in plasterdock doors, moisture in walls dock collars and ceilinglevelers, buckling sheetrock or sidinglocks and hardware, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problemsand all interior and exterior window, which result in damage to the unitwindow casings and xxxxx; all interior walls, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction floors, coverings and ceilings, all interior painting and decorating of the LandlordPremises, replacement of approved signs, repairs, maintenance and replacements of all plumbing, interior heating, and air conditioning equipment, lighting and other fixtures and equipment inside the Premises whether or not they were initially installed at the Landlord’s expense. All repairs, except those caused maintenance and/or replacements made by negligence or acts of Tenant(s), TenantTenant shall be subject to Landlord’s agents, or inviteesprior written approval, which repairs shall will not be unreasonably withheld provided that the same are at least equal in quality and class to the original work and/or fixtures and equipment. All repairs, maintenance and replacements will be made at Tenant’s sole expense.
B. If Tenant fails to make any such repairs, after ten (10) days prior written notice, Landlord may make them for the sole cost account of Tenant and Landlord’s costs in so doing will be Additional Rent which will be payable by Tenant to Landlord with the next monthly installment of Base Rent due hereunder. Landlord reserves the right in its reasonable discretion to interrupt the supply of electricity, water, sewer, heat, air conditioning, gas and other utilities to the Premises, and also to suspend the operation of the Tenant(s)air conditioning or heating system until the repairs, alterations or improvements have been completed. Such repairs shall be made Landlord will pursue all work with reasonable dispatch and will use reasonable efforts to conform to the original condition of the Premises at the time the Tenant(s) took possessionminimize any disruption. 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) There will be charged for no abatement in Rent, nor shall Landlord in any way be liable to Tenant because of any such interruption or suspension.
C. Landlord will maintain, repair and replace, in its sole discretion the service call. Any repairsHVAC exterior equipment, including laborroof, materialfoundations, exterior walls (excluding any ATM machine and surrounding area, store fronts, plate glass windows and window frames, doors and door frames, docks, dock doors and dock levelers, and parts usedthe interior of walls, all of 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(sresponsibility of Tenant), where the defective condition complained of was caused by the Tenantparking areas, 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(sand all structural floors (excluding floor coverings) 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 common areas and facilities for the Owner’s property upon termination furnishing of this Lease and tenancy. Tenant(s) shall various utilities, including HVAC (except to the extent that the same are the obligation of any public utility company); but Landlord will not permit be required to make any repair necessitated by reason of any act or thing deemed hazardous omission of Tenant, or its employees, contractors, agents, licensees, invitees, or anyone claiming under Tenant or caused by any alteration, addition or improvement made by Tenant or anyone claiming under Tenant and if Landlord does make any such repairs, Tenant will reimburse to Landlord the cost incurred by Landlord in so doing as Additional Rent with the monthly installment of Base Rent first due after Landlord bills Tenant for such costs. Landlord will 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 Tenant for failure to make repairs unless and until Tenant has given written notice to Landlord of the need for such repairs and Landlord or the Tenant, then the Premises or surrounding areas shall be repaired has failed to commence and complete such repairs within a reasonable period of 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 lawthereafter.
Appears in 1 contract
Samples: Commercial Lease Agreement (Millennium Bankshares 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 three (123) 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
Repairs and Maintenance. It is the responsibility 14.1. Tenant shall take good care of the Tenant(s) Demised Premises.
14.2. Tenant shall not place a load upon any floor of the Demised Premises which exceeds the load per square foot which such floor was designed to notify carry and which is allowed by law.
14.3. Business machines and electronic, sound and mechanical equipment belonging to Tenant which cause noise or vibration that may be transmitted to the structure of the Building or to the Demised Premises to such a degree as to be reasonably objectionable to Landlord immediately shall be placed and maintained by the party owning the machines or equipment at such party's expense, in settings of cork, rubber or spring type vibration eliminators sufficient to eliminate noise or vibration. In the event of any needed repair violation, Tenant shall be obligated to make such repairs to the Demised Premises and Building, resulting therefrom and to take all steps reasonably necessary to eliminate such noise or unsafe condition existing around vibration.
14.4. Tenant shall not move any safe, heavy equipment or bulky matter in or out of the Premises including but not limited to cracks in Building without 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 problemsLandlord's prior written consent, which result in damage consent Landlord agrees not to the unit, then Tenant(s) becomes liable for cost of resultant damageunreasonably withhold or delay. 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 such moving shall be made at during hours which will least interfere with the sole cost normal operations of the Tenant(s). Such repairs Building and all damage caused by such movement shall be made to conform to the original condition of the Premises promptly repaired by Tenant 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 necessaryTenant's expense.
14.5. 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's making any repairs or changes which Landlord is required or permitted by this Lease, 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 or required by Law, to clean, replace carpets make in or paint the Premises, moving furniture and wall hangings shall be the duty and expense to any portion of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustmentsBuilding or the Demised premises, or other compensation in or to the fixtures, equipment or appurtenances of the Building of the Demised Premises. Landlord agrees to use due diligence with respect thereto and shall perform work, except in case of emergency, at times reasonably convenient to repairs Tenant and otherwise in such manner as will not materially interfere with Tenant's use of the Demised Premises.
14.6. Tenant shall receive deliveries of goods and merchandise only in such manner, at such times and in such areas as will not unreasonably interfere with the operation of the Building or interruptions of service except as provided by lawthe tenants thereof.
Appears in 1 contract
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.
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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 leaksSection 12.1. 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 LandlordTenant shall, at all times during the Landlord’s Lease Term, and at its own cost and expense, except those caused by negligence or acts of Tenant(s)keep and maintain in good order and condition, 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 ordinary wear and tear itemsexcepted, the adage “you broke it you pay to fix it” applies to Building and all other improvements on the Tenant(s) Premises as of the Commencement Date of the Lease Term and it applies during tenancy as well as at thereafter erected by Tenant on the end of tenancy. In additionPremises, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call)or forming part thereof, Tenant(s) will be charged for the service call. Any repairsand their full equipment and appurtenances, including laborwithout limitation, materialall windows, plate glass, doors, interior non-bearing walls and partitions, ceilings and the electrical, plumbing, lighting, heating, and parts usedair conditioning systems, which are and make all repairs thereto and restorations, replacements and renewals thereof, both inside and outside, structural and nonstructural, extraordinary and ordinary, foreseen or unforeseen, howsoever the responsibility of the Tenant(s)necessity or desirability for repairs may occur, must be pre-approved in writing and whether or not necessitated by the Landlordlatent defects or otherwise; and shall use all reasonable precaution to prevent waste, damage or injury. Landlord shall be maintain and repair the sole judge as to what repairs Building foundation, exterior walls and roof provided that these items are necessary. Landlord shall have no obligation to not in any way affected or disturbed by Tenant Improvements or such maintenance and/or 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 's use of the Tenant(s), Premises. If it is determined that any such maintenance or where repair is required due to Tenant's negligence or damage caused by 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-Improvements, Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glassthe cost of such maintenance and/or repair.
Section 12.2. Tenant(s) Tenant shall not paintalso, re-wallpaperat its own cost and expense, put, keep, replace and maintain in thorough repair and in good, safe and substantial order and condition, and free from dirt, snow, ice rubbish and other obstructions or otherwise redecorate or make alterations encumbrances, the sidewalks, areas, sidewalk hoists, railings, gutters and curbs in front of and adjacent to the Premises without and shall maintain the written consent of the Landlord. If written consent is given, such alterations shall be landscaping 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 lawgood condition.
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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 forty (40) 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.
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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, structural and non-structural, ordinary and extraordinary, and shall suffer no waste or nuisance; 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.
(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 the 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, the mowing of grass, care of shrubs, general landscaping, and maintenance of parking areas, driveways and alleys. Tenant shall at Landlord's option either (i) pay when due its proportionate share of such costs and expenses along with the other tenants of the building directly to cracks the persons performing such work, or (ii) reimburse Landlord upon demand for the amount of its proportionate share of such costs and expenses in the foundationevent Landlord elects to perform or cause to be performed such work.
(d) In the event the premises constitute a portion of a multiple occupancy building, 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) coordinating any repairs and other maintenance of any rail tracks serving or to serve the building, and Tenant shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent reimburse Landlord for Tenant's proportionate share of the Landlord. If written consent costs of such repairs and maintenance and any other sums specified in any agreement to which Landlord is givena party respecting such tracks.
(e) In the event Tenant shall fail to maintain the demised premises or any paving, such alterations landscaping or railroad siding in accordance with this paragraph 6, Landlord shall have the right (but not the obligation) to cause all repairs or other maintenance to be at the expense of the Tenant(s) and shall become part of the Premises made and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous reasonable costs therefore 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 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 Tenant 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 lawwritten demand.
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Samples: Lease Agreement (Asd Systems Inc)
Repairs and Maintenance. It is (a) Tenant shall, at Tenant’s sole cost and expense, maintain the responsibility Premises 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 fixtures, electrical lighting, ceilings and floor coverings, windows, interior doors, interior plate glass, 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(s)Building or to the mechanical, where the defective condition complained of was caused by the Tenantelectrical or heating, Xxxxxx’s family, invitee, licensee, ventilating or other person acting under the control or direction air conditioning systems of the Tenant(s)Premises or the Building, or where the Tenant unless such repairs are previously approved in writing by Landlord, which shall not be unreasonably fails to notify the withheld.
(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 repairing any latent defects and 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 Project, and shall maintain the written consent roof, sidewalls, and foundations of the Building in good, clean and safe condition and repair. Landlord shall also maintain all landscaping, exterior windows, skylights, exterior doors, driveways, parking lots, fences, signs, sidewalks and other exterior Project Common Areas and interior Building Common Areas of the Project. Landlord shall be responsible for maintenance and repair of all plumbing, heating, electrical, air conditioning and ventilation systems. The foregoing obligations of Landlord contained in this Section 13(b) are collectively referred to as “Landlord’s Repairs”. If written consent is givenLandlord’s failure to fulfill its obligations relating to Landlord’s Repairs prevents Tenant from reasonably using a material portion of the Premises and Tenant in fact ceases to use such portion of the Premises, such alterations then Tenant shall be entitled to an abatement of Base Rent with respect to such material portion of the Premises that Tenant is prevented from using by reason of such failure, as follows: if Landlord’s failure persists for three (3) consecutive business days, then the abatement of Base Rent shall commence on the fourth (4th) business day and continue until Tenant is no longer so prevented from using such portion of the Premises. 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 or changes 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 Building or the Premises. Landlord shall use reasonable efforts to minimize any interference with Tenant’s business at the Premises. If Tenant fails to maintain the Premises in good order, condition and repair, Landlord may give Tenant thirty (30) days written notice to do such acts as are reasonably required to so maintain the Premises. If Tenant fails to promptly commence such work within such time period and diligently prosecute it to completion, then Landlord shall have the right to do such acts and expend such funds at the expense of 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 Tenant(s“Reference Rate” (formerly, “Prime Rate”) and 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 work, but not to exceed the maximum amount then allowed by law. Landlord shall become part have no liability to Tenant for any damage, inconvenience, or interference with the use 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 Tenant as the Premises will be put in repair. In case result of total destruction, the rent shall be paid until the time of performing any 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 lawwork.
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Samples: Net Lease Agreement (Singulex Inc)
Repairs and Maintenance. It is At Landlord's expense except to the responsibility extent provided in Section 2.2.5, Landlord shall maintain the exterior of the Tenant(sBuilding, together with all landscaping and parking area adjacent to the Building, and all common areas of the Property in good order (including snow removal) and repair; make all structural repairs (including all subsurface repairs) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises Building, including but not limited to, all repairs to cracks in the foundation, cracks roof, leaks in plasterthe balconies, moisture in walls structural components, exterior walls, and ceilingcommon area doors and windows; make all repairs (including all subsurface repairs) and maintenance to electric wiring, buckling sheetrock or sidingrisers, or any leaks. If Xxxxxx(splumbing, heating, air-conditioning (HVAC) fails to immediately notify Landlord of visible problems, which result in damage and all other building system serving the Premises to the unit, then Tenant(s) becomes liable for cost extent such repair and maintenance is not the result 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 (i) misuse of the Premises at by the time Tenant, or (ii) any leasehold improvements constructed by Tenant; and shall take such action as may be required, and in the Tenant(s) took possession. Although absence of a specific governmental directive as Landlord deems appropriate, to comply with applicable state and municipal laws or requirements of any public body or authority having jurisdiction over the Landlord repairs normal wear and tear itemsPremises, the adage “you broke it you pay to fix it” applies to the Tenant(sextent such violations are not caused by (i) 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 misuses of the Tenant(s), must be pre-approved in writing Premises by the LandlordTenant, or (ii) the leasehold improvements constructed by Tenant. Landlord shall be replace, repair and maintain the sole judge HVAC System and the various components of the HVAC system serving the Premises and Building. Provided that the Tenant improvements constructed by Tenant are designed and built to meet the performance specifications in Exhibit F, Landlord shall operate the HVAC system so as to what repairs are necessaryprovide comfortable temperature and humidity for normal office usage in the Premises and building at a level consistent with first class suburban office buildings in the suburban Boston area. 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 Tenant for damage caused by leaks existing on the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under date hereof unless and until such leaks reappear after the control or direction of the Tenant(s), or where the same have been repaired. Tenant unreasonably fails to shall promptly notify the Landlord of the condition or allow the Landlord access necessity of any repairs to the Premises which Tenant may have knowledge and for purposes which Landlord may be responsible under the provisions of this paragraph. Tenant shall reasonably endeavor to notify Landlord of any conditions in the repairBuilding (outside the Premises) and Lot of which it has knowledge requiring Landlord attention. 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 paintthe operation, re-wallpapermaintenance and repair of any special or supplemental HVAC system or special or supplemental electrical, plumbing or heating system, or otherwise redecorate portion thereof, installed by or make alterations to for Tenant which serves 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 lawexclusively.
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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 Sub-Sublease, 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 Medi-Cal certified skilled and/or intermediate care nursing home having no less than fifty nine (59) licensed 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 Sub-Sublease 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 that Lessee is not in default under the 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, landlords under the Underlying Leases and 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
Repairs and Maintenance. It is (a) Landlord shall maintain, in reasonably good order and condition, and except for damage occasioned by the responsibility act of Tenant, its agents, servants, employees or invitees (which damage shall be repaired by Landlord at Tenant’s expense), the structural portions 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 foundation, cracks in plasterfloor/ceiling slabs, moisture in walls roof, curtain wall, exterior glass and ceilingmullions, buckling sheetrock columns, beams, shafts, and all Common Areas, as well as the base Building mechanical, electrical, life safety, plumbing and sprinkler systems (connected to the core and any distribution throughout the Premises), and the base Building ventilating and air conditioning systems (including primary loops connected to the core and any distribution throughout the Premises). No compensation or sidingclaim or diminution of Rent will be allowed or paid by Landlord by reason of inconvenience, annoyance or injury to business, arising from the necessity of repairing the Premises 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 portion of the Premises at or Office Park, however the time necessity may occur, as determined 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 sole discretion of tenancyLandlord. 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, event the Premises should become in need of repairs which are the responsibility of the Tenant(s)required to be made by Landlord hereunder, must be pre-approved in writing by the Tenant shall give immediate written notice thereof to Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to replace or repair any defective condition, nor shall any defense or remedy be available to the Tenant(s“Tenant’s Property” (as hereinafter defined), 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) and 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 any failure to make any repairs or to perform any maintenance required of Landlord hereunder unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is given to Landlord by Tenant. It is hereby understood and agreed that, except as expressly set forth herein, Landlord has no obligation to alter, remodel, improve, repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets decorate, or paint the Premises, moving furniture the Building, the Office Park or any portions thereof.
(b) With the exception of those items expressly set forth in this Lease that are required to be repaired by Landlord, Tenant shall, at its sole cost and wall hangings expense, make all repairs which are reasonably necessary to keep the Premises, and any portion of the Building or Office Park under Tenant’s exclusive control, in good repair, order and condition, except for reasonable wear and tear, casualty damage that Landlord is obligated to repair and condemnation. All repairs and replacements which are Tenant’s responsibility hereunder shall be made promptly and with new materials of like kind and quality. All repairs shall be made under the duty supervision of and expense subject to the prior approval of Landlord and within any reasonable period of time specified by Landlord. If Tenant fails to make required repairs to the Tenant(s). Tenant(sPremises promptly, Landlord, at Landlord’s election, shall have the right to make such repairs, and Tenant shall pay Landlord on demand Landlord’s actual costs of such repair, plus a fee equal to fifteen percent (15%) understands there will be no rent reductions, adjustments, or other compensation due of such actual costs to repairs or interruptions of service except as provided by lawcover Landlord’s overhead in making such repairs.
Appears in 1 contract
Samples: Lease Agreement (Jacada LTD)
Repairs and Maintenance. It is 17.1. Landlord shall repair and maintain the responsibility structural and exterior portions and Common Areas of the Tenant(sBuilding and the Project, including roofing and covering (structure and membrane) to notify the Landlord immediately materials; foundations; exterior walls; plumbing; fire sprinkler systems (if any); heating, ventilating, air conditioning systems; elevators; and electrical systems installed or furnished by Landlord.
17.2. Except for services of any needed repair or unsafe condition existing around or in Landlord, if any, required by Section 17.1, 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 C.
17.3. 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.
17.4. 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 repair. Before exercising Building from injury or damage and to support the same by proper foundations, without any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible claim for all broken glass. Tenant(s) shall not paint, re-wallpaper, damages or liability against Landlord and without reducing or otherwise redecorate or make alterations affecting Tenant’s obligations under this Lease 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 extent Tenant’s Permitted Use of the Premises is not materially disrupted.
17.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the 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 23, Article 23 shall apply in lieu of this Article. In the damage is caused event of eminent domain, Article 24 shall apply in lieu of this Article.
17.6. 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 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 1 contract
Samples: Lease (Halozyme Therapeutics Inc)
Repairs and Maintenance. It is 17.1. Landlord shall repair and maintain the responsibility structural and exterior portions and Common Areas of the Tenant(sBuildings and the Project, including roofing and covering (structure and membrane) to notify the Landlord immediately materials; foundations; exterior walls; plumbing; fire sprinkler systems (if any); heating, ventilating, air conditioning systems; elevators; and electrical systems installed or furnished by Landlord.
17.2. Except for services of any needed repair or unsafe condition existing around or in Landlord, if any, required by Section 17.1, 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 C.
17.3. 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.
17.4. If any excavation shall be available made upon land adjacent to or under the Buildings, 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 repair. Before exercising Buildings from injury or damage and to support the same by proper foundations, without any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible claim for all broken glass. Tenant(s) shall not paint, re-wallpaper, damages or liability against Landlord and without reducing or otherwise redecorate or make alterations affecting Tenant’s obligations under this Lease 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 extent Tenant’s Permitted Use of the Premises is not materially disrupted.
17.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Buildings 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 23, Article 23 shall apply in lieu of this Article. In the damage is caused event of eminent domain, Article 24 shall apply in lieu of this Article.
17.6. 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 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 1 contract
Samples: Lease (Halozyme Therapeutics Inc)
Repairs and Maintenance. It is (a) Except as specifically otherwise provided in 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 in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all non-structural repairs or replacements necessary to keep and maintain such good order and condition, which shall include, but not be limited to cracks in the foundationfollowing: interior windows, cracks in plasterglass and plate glass, moisture in doors, interior walls and ceilingfinish work, buckling sheetrock floors and floor coverings, lighting and electrical systems, dock boards, dock area, truck doors, dock bumpers, dock area stairways, HVAC and mechanical systems (including fixtures and equipment), plumbing work and fixtures, termite and pest prevention and extermination and regular trash removal. Tenant shall have the option of replacing lights, ballast, tubes, ceiling tiles, outlets and 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 Landlord of visible problemsrequested by Xxxxxx, 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 make such 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 of notice to Landlord and shall charge Tenant for such services at Landlord's standard rate (such rate to be competitive with the expense market rate for such services). Tenant shall not use or permit the use of any portion of the Premises for outdoor storage except as approved in advance by Landlord; and . When used in case the damage is so extensive as to render the Premises unfit for human habitationthis Article 14, the rent term "repairs" shall cease until such time as 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 Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction Buildings 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: Triple Net Lease (Pharmaceutical Product Development Inc)
Repairs and Maintenance. It is the responsibility (a) Tenant acknowledges that as of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in Commencement Date, it shall have inspected and examined the Premises including and that it has entered into this lease without any representations on the part of Landlord, its agents or representatives, as to the condition thereof, including, but not limited to cracks to, its environmental condition, except as otherwise provided in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaksthis lease. 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 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 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 shall keep, repair, replace and maintain the Owner’s property upon termination Premises in good order, condition and repair, and each and every part thereof (including, without limitation, the repair, maintenance and replacement of this Lease any heating, ventilating, air-conditioning and tenancyrefrigeration systems, painting and decorating), except only such matters that are expressly stated herein to be within Landlord's obligation to maintain and repair. Tenant(s) Tenant shall not cause nor permit any act dirt, debris or thing deemed hazardous by Landlord due rubbish to potential risk of fire be put, placed or which will increase maintained on the rate of insurance sidewalks, driveways, parking lots, yards, entrances and curbs, in, on said Premisesor adjacent to the Building and/or Land and shall remove same at its sole cost and expense. In case Tenant further agrees to keep the Premises or surrounding areas in a clean and sightly condition and well lit during appropriate hours.
(b) Landlord shall guarantee that the initial construction of the Building, including refrigeration equipment, shall be damaged by firefree from defect in materials and workmanship for the First Lease Year, rainand Landlord shall, windwithin said First Lease Year, or other cause beyond the control promptly repair any and all portions of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense Building which are in need 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 repair unless caused by the act act, omission or negligence of Tenant, any subtenant or concessionaire, or their respective employees, agents, invitees, licensees or contractors. During the Term, Landlord, upon reasonable notice from Tenant, shall keep in good order and condition and make all necessary repairs or replacements to the "Structure," which is deemed to mean the steel, joists, footings and foundations, floors and exterior or load bearing walls, roof supports, decking or roof membrane, excluding, however, all windows, doors, plate glass, signs and all repairs or replacements required by any casualty, except as otherwise provided in Paragraphs 9 and 13 hereof. Any repairs or replacements to the Structure resulting from damage caused by any act, omission or negligence of Tenant, any subtenant or concessionaire, or their respective employees, agents, invitees, licensees or contractors shall be performed by Landlord and the reasonable cost thereof paid by Tenant and shall be deemed to constitute Additional Rental. Upon the expiration of the Tenant(s)aforesaid applicable guarantee period, Landlord shall assign to Tenant, without recourse, all of its right, title and interest in and to all warranties and guarantees from manufacturers or someone in or on subcontractors, relating to the Premises by reason obligation of Tenant’s permission or consent, there shall be no reduction of rent Tenant to repair and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint maintain the Premises, moving furniture including refrigeration equipment. Tenant, at its sole cost and wall hangings expense, shall have the right to obtain or request that Landlord obtain and thereafter assign to Tenant, without recourse, extended guarantees from manufacturers or contractors, if available, regarding the Building, including refrigeration equipment. Tenant shall be the duty and expense entitled to a credit against payments due pursuant to this subparagraph 10(b) in an amount equal to insurance proceeds received by Landlord on account of the Tenant(s). Tenant(sdamage caused by Tenant, from liability or casualty insurance policies maintained by Tenant or Landlord, it being acknowledged that Tenant shall not be entitled to a credit for the cost of the aforesaid repairs on account of Rental insurance proceeds received by Landlord.
(c) understands there Landlord shall guarantee that the Building envelope and insulation will be no rent reductionsconstructed in such manner as to allow the freezer area of the Building to be refrigerated to temperatures of 20(degree) below zero fahrenheit as specified in Exhibit B, adjustmentsat all times during the first five (5) Lease Years of the Term, and Landlord, during the first five (5) Lease Years, at its sole cost, shall repair promptly any and all portions of the Building which are in need of such repair so as to provide said temperatures, unless caused by the act, omission or negligence of Tenant, any subtenant or concessionaire or their respective employees, agents, invitees, licensees or contractors. Any repairs or replacements to the Building pursuant to the provisions of this subparagraph (c) resulting from damage caused by any act, omission or negligence of Tenant, any subtenant or concessionaire, or other compensation due their respective employees, agents, invitees, licensees or contractors shall be performed by Landlord and the reasonable cost thereof paid by Tenant and shall be deemed to repairs constitute Additional Rental. Upon the expiration of the aforesaid guarantee period, Landlord shall assign to Tenant, without recourse, all of its right, title and interest in and to all warranties and guarantees from manufacturers or interruptions subcontractors, if available, relating to the envelope and insulation of service except the Building. Tenant, at its sole cost and expense, shall have the right to obtain or to request that Landlord obtain and thereafter assign to Tenant, without recourse, extended guarantees from manufacturers or contractors, regarding the envelope and insulation of the Building as provided by lawset forth above.
Appears in 1 contract
Samples: Lease Agreement (Di Giorgio Corp)
