Repairs and Maintenance. 19.1 Landlord shall repair and maintain the structural and exterior portions and Common Areas of the 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 (including, but not limited to, the emergency generator and any other UPS systems serving the Building) 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 the exclusions 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, 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 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. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part 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, 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 excavation shall be made upon land adjacent to or under the 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 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 Premises.
Appears in 3 contracts
Sources: Lease (Tocagen Inc), Lease (Tocagen Inc), Lease (Tocagen Inc)
Repairs and Maintenance. 19.1 Landlord 18.1. Tenant, at its sole cost and expense, shall repair maintain and keep the Premises, all improvements thereon, and all appurtenances thereto, including but not limited to sidewalks, parking areas, curbs, roads, driveways, lighting standards, landscaping, sewers, water, gas and electrical distribution systems and facilities, drainage facilities, and all signs, both illuminated and non-illuminated that are now or hereafter on the Premises, in good condition (ordinary wear and tear excepted) and in a manner consistent with the Permitted Use provided, however, Tenant shall not be required to maintain the structural and exterior portions and Common Areas any of the Building foregoing to the extent such maintenance is the responsibility of an owners’ association, City of San Diego or any utility provider. Tenant shall make all repairs, replacements and the Projectimprovements, including, without limitation, roofing all structural, roof, HVAC, plumbing and covering materialselectrical repairs, foundations, exterior walls, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevatorsreplacements and improvements required, and electrical systems shall keep the same 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 (includingwhich shall not be unreasonably withheld, but 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 limited tobe 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 emergency generator and any other UPS systems serving the Building) installed taking or furnished by Landlord. Any costs related omission of which shall cause waste, damage or injury to the repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses (subject to the exclusions set forth in Article 10)Premises, unless such repairs or maintenance is required in whole or in part because of any act, neglect, fault or 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, and subject to the terms and conditions of Articles 25 and 26 below, 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.
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 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 no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, Alterations or improvements in or to any portion of the 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 Landlord’s option, immediately, and shall be due and payable within twenty (20) days after such billing or, at Landlord’s option, may be deducted from the 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 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 expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 of this Leasethereof.
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 maintenance18.7. 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 and in Article 10.
19.5 This Article 19 18 relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project Premises 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 22 shall apply in lieu of this Article 1918.
19.6 If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for 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 Premises.
Appears in 3 contracts
Sources: Lease (Arena Pharmaceuticals Inc), Lease (Arena Pharmaceuticals Inc), Lease (Arena Pharmaceuticals Inc)
Repairs and Maintenance. 19.1 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Areas Area of the Building and the Project, including, without limitation, including roofing and covering materials; foundations (excluding any architectural slabs, foundations, but including any structural slabs); exterior walls, ; plumbing, ; fire sprinkler systems (if any), heating, ventilating, air conditioning, ; HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators, ; and electrical systems (including, but not limited to, the emergency generator and any other UPS systems serving the Building) installed or furnished by Landlord. Any costs related to Landlord outside the repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses (subject to the exclusions 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, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenancePremises.
19.2 18.2. Except for services of Landlord, if any, required by Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below18.1, 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 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 of a condition as when received, ordinary wear and tear excepted and damage due to casualty covered by with the Tenant Improvements and the Landlord 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 insurance exceptedrequest 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 alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except thereof, other than pursuant to the terms and provisions of the Work Letter and as provided described in Section 19.1 of this Lease.Exhibit B.
19.3 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an Landlord’s obligation of Landlord pursuant to this Lease 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 maintenancemaintenance 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.
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 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 facilities18.4. 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 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), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as said such 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 by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s Permitted Use obligations under this Lease.
18.5. This Article relates to repairs and occupancy maintenance arising in the ordinary course of operation of the PremisesBuilding and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
Appears in 3 contracts
Sources: Lease (Zentalis Pharmaceuticals, Inc.), Lease (Zentalis Pharmaceuticals, LLC), Lease (Zentalis Pharmaceuticals, LLC)
Repairs and Maintenance. 19.1 Landlord, at its sole cost and expense, will promptly make all replacements (as opposed to repairs and maintenance) of capital items serving the Project in a manner consistent with the standards prevailing from time to time for Comparable Class Buildings, including, but not limited to the roof, foundation and structural elements of the Buildings, the HVAC system, major elevator components and the main equipment and systems providing services to the Project including without limitation, the Project-wide sprinkler systems, mechanical, electrical, life safety and plumbing systems, elevators, the fire alarm systems and repaving of the Parking Area, unless the need for any such replacement is caused by the negligence or willful misconduct of Tenant or its agents, employees, or contractors, or breach of this Lease by Tenant, in which event Tenant will bear the cost of such repairs to the extent as provided in this Lease. In no event will Landlord be liable to Tenant for failure to make any required replacement unless written notice of the need for such replacement has been delivered by Tenant to Landlord and Landlord shall fail to make such replacement within a reasonable period after receipt of such notice. If Landlord fails to perform a required replacement or fails to repair a warranted item within a reasonable period after receipt of notice as set forth above, and such failure causes the Project to be without an essential building service (such as electricity or HVAC but not to include elevators) which renders all or any portion of the Premises untenantable for five (5) consecutive business days, and so long as the correction of the problem is within Landlord’s reasonable control, then Tenant shall be entitled to an abatement of Rent (in proportion to the area so untreatable) until such essential service is restored. If such failure aggregates to a total of forty-five (45) days in any twelve (12) month period, and so long as the correction of the problem is within Landlord’s reasonable control, then Tenant shall have the right to terminate this Lease. Landlord will consult with Tenant regarding the need for replacement of capital items. In the event of a dispute between Landlord and Tenant as to whether a particular item is a capital replacement to be made by Landlord (or whether such item is not in need of replacement and is instead part of Tenant’s repair and maintenance of capital items), which dispute is not resolved by the parties within fifteen (15) days after Tenant’s notice to Landlord of the Tenant’s request for such replacement, then, within ten (10) days after the expiration of such fifteen (15) day period, Landlord and Tenant shall each select an independent disinterested engineer, which engineers shall mutually determine (within ten (10) days) whether the item in question is a capital replacement to be made by Landlord or whether such item is not in need of replacement and is instead part of Tenant’s repair and maintenance of capital items. The losing party shall bear the costs of both engineers. If the engineers cannot agree, then the engineers shall mutually select a third independent disinterested engineer. Such third engineer shall then (within ten (10) days) make its determination whether the item in question is a capital replacement or whether such item is not in need of replacement and is instead a repair and maintenance item, whose decision shall be final and binding. The losing party shall pay the fees and costs of such third engineer. At a minimum, each of the engineers shall be disinterested engineers, with substantial experience in the Miami-Dade County commercial real estate office market. Except for the specific capital items to be replaced by Landlord as described above and the items warranted by Landlord as described above , Tenant, at its sole cost and expense, will repair and maintain (and replace if necessary) the structural and exterior portions and Common Areas of the Building and the Project, Project (including, without limitation, roofing all furniture, trade fixtures 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, the emergency generator and any other UPS systems serving the Building) 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 the exclusions 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 equipment of Tenant, its agentsall areas devoted to corridors, servantselevator lobbies, employees restrooms, mechanical rooms, janitorial closets, electrical and telephone closets, vending areas, lobby areas, refuse dumpsters, loading docks and other similar facilities, Building stairs, Building elevator shafts, elevator mechanical rooms, fire towers, Building electrical, mechanical and telephone rooms, electrical, communications and mechanical chases, projections, flues, vents, stacks, pipe shafts and other vertical penetrations, ducts and chases) in a clean, attractive and safe condition and in a manner consistent with the standards prevailing from time to time in Comparable Class Buildings, except as to reasonable wear and tear. Upon expiration or invitees, in which case Tenant shall pay to Landlord the cost earlier termination 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 belowthis Lease, Tenant shall at Tenant’s sole cost will surrender 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, upon the expiration or sooner termination of the Term, surrender deliver the Premises to Landlord in as good a similar condition in which they existed at the commencement of a condition as when received, ordinary this Lease excepting reasonable wear and tear and damage due to arising from either an insurable casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as cause not required to be repaired by Tenant. Tenant shall be obligated to repair any damage incurred in connection with any removal of Tenant’s furniture, equipment or other personal property by Tenant or its agents, representatives or employees, provided in Section 19.1 of this Lease.
19.3 Landlord that Tenant shall not be liable for obligated to repair any failure damage to make any repairs area which Landlord has notified Tenant in writing that it intends to refurbish 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 remove in connection with written notice renovation of the need of such repairs or maintenanceProject for re-letting. 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 and in Article 10.
19.5 This Article 19 relates to repairs and maintenance arising Section shall not apply 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 case of damage or destructiondestruction by fire or other casualty which is covered by insurance maintained by Landlord or Tenant on the Project (as to which Section 15 hereof shall apply) or damage resulting from an eminent domain taking (as to which Section 17 hereof shall apply). To the extent possible, Article 25 shall apply in lieu Landlord will assign to Tenant the benefit of this Article 19.
19.6 If any excavation shall be made upon land adjacent manufacturer’s warranties and guaranties with respect to or under the Building, or shall be authorized items installed by Landlord but to be made, maintained by Tenant shall afford to regarding the person causing or authorized Project. Landlord will obtain the warranties and guaranties as may be expressly required in the final approved Construction Documents for the Premises. Landlord will use reasonable efforts to cause such excavation, license Tenant to enter the Premises for the purpose be a third party beneficiary 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 Landlord’s construction contract with Tenant’s Permitted Use and occupancy of the Premisesits general contractor.
Appears in 3 contracts
Sources: Lease Agreement (Interval Leisure Group, Inc.), Lease Agreement (Interval Leisure Group, Inc.), Lease Agreement (Interval Leisure Group, Inc.)
Repairs and Maintenance. 19.1 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 structural Premises and exterior portions the fixtures and Common Areas 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 Building Landlord pursuant to Section 10(a) above.
c. Notwithstanding the foregoing, Landlord, at Tenant’s sole cost and expense, shall have 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 (including, but not limited to, right to make all repairs caused by the emergency generator and any other UPS systems serving the Building) installed negligence 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 the exclusions 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 misconduct of Tenant, its agents, servantsindependent contractors, employees representatives, or inviteesemployers, in which case and Tenant shall pay to promptly reimburse 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 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. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part 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, 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 excavation shall be made upon land adjacent to or under the 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 reasonable costs and expenses for 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 Premisesrepairs.
Appears in 3 contracts
Sources: Lease Agreement (Pactiv Evergreen Inc.), Lease Agreement (Reynolds Group Holdings LTD), Lease Agreement (Reynolds Consumer Products Inc.)
Repairs and Maintenance. 19.1 Landlord (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall repair keep and maintain the structural Premises in good order and exterior portions condition, free of accumulation of dirt and Common Areas 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 advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. 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 ProjectPremises.
(b) Landlord, includingthroughout the Term of this Lease and at Landlord’s sole cost and expenses, without limitationshall 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 all HVAC systems, roofing plumbing 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, the emergency generator and any other UPS electric systems serving the Building) installed or furnished by Building and the Premises. Tenant’s Allocated Share of Landlord. Any costs related ’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to the repair or maintenance activities specified in this Section 19.1 capital expenditures, shall be included as a part portion of Operating Recognized Expenses as provided in Article 6 hereof.
(subject d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the exclusions set forth in Article 10), unless such repairs or maintenance is required in whole or in part because Building outside of any act, neglect, fault or 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, and subject to the terms and conditions of Articles 25 and 26 below, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repairthe common areas, damage thereto from ordinary wear and tear excepted. Tenant shallincluding the roof, upon the expiration or sooner termination walls, exterior portions of the TermPremises and the Building, surrender utility lines, equipment and other utility facilities in the Premises Building, which serve more than one tenant of the Building, and to Landlord in as good of a condition as when receivedany driveways, ordinary wear sidewalks, curbs, loading, parking and tear landscaped areas, and damage due to casualty covered by Landlord’s insurance excepted. other exterior improvements for the Building; provided, however, that Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 of this Lease.
19.3 Landlord shall not be liable for any failure responsibility to make any repairs or to perform any maintenance that is an obligation of unless and until Landlord unless such failure shall persist for an unreasonable time (but not to exceed 30 days) after Tenant provides Landlord with receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repairs or maintenancerepair. Tenant waives shall pay its rights Allocated Share of the cost of all repairs, as limited under Applicable Laws now or hereafter Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in effect to make repairs at Landlord’s expenseArticle 6 hereof.
19.4 Repairs under this Article 19 that are obligations of (e) Landlord are subject shall keep and maintain all common areas appurtenant to allocation among Tenant and other tenants as Operating Expenses, 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 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 obligation 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, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any related facilities. In the event employee, agent, contractor, or invitee 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 excavation Tenant shall be made upon land adjacent at the sole cost and expense of Tenant, except to or the extent of insurance proceeds received by Landlord.
(g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof.
(h) If Landlord shall fail to perform any of its obligations under the Buildingthis Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or shall be authorized if such failure is of a nature to be maderequire more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant shall afford may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the person causing or authorized to cause obligation of Landlord specified in such excavation, license to enter notice and deduct such expense from the Premises for 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 PremisesFixed Rent.
Appears in 3 contracts
Sources: Full Service Lease (Research Pharmaceutical Services, Inc.), Full Service Lease (Research Pharmaceutical Services, Inc.), Full Service Lease (Research Pharmaceutical Services, Inc.)
Repairs and Maintenance. 19.1 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including, without limitation, including roofing and covering materials, ; foundations, ; exterior walls, ; plumbing, ; fire sprinkler systems (if any), heating, ventilating, air conditioning, ; HVAC systems; elevators, ; and electrical systems (including, but not limited to, the emergency generator and any other UPS systems serving the Building) 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 the exclusions 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, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance.
19.2 18.2. Except for services of Landlord, if any, required by Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below18.1, 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 and casualty or condemnation excepted. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by or condemnation excepted; and shall, at Landlord’s insurance exceptedrequest 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 alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 thereof, other than pursuant to the terms and provisions of this Leasethe Work Letter.
19.3 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an Landlord’s obligation of Landlord pursuant to this Lease 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, 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 facilities18.4. 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 excavation shall be made upon land adjacent to or under the 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 said such 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 by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s Permitted Use obligations under this Lease.
18.5. This Article relates to repairs and occupancy maintenance arising in the ordinary course of operation of the PremisesBuilding and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses, except as otherwise provided in Article 9.
Appears in 3 contracts
Sources: Sublease (Zentalis Pharmaceuticals, Inc.), Sublease (Zentalis Pharmaceuticals, LLC), Sublease (Zentalis Pharmaceuticals, LLC)
Repairs and Maintenance. 19.1 Landlord shall repair and maintain in good working condition the structural and exterior portions and Common Areas of the Building and the ProjectProject and all Building systems and utilities, 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, the emergency generator and any other UPS systems serving the Building) 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 the exclusions set forth in extent allowable under Article 10)8, unless such repairs or maintenance is required in whole or in part because of any act, neglect, fault or 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, and subject to the terms and conditions of Articles 25 and 26 below, 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. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 thereof, other than pursuant to the terms and provisions of the Work Letter or 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, except as otherwise provided in this Article 19 and in Article 1019.
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 23 shall apply in lieu of this Article 19.
19.6 If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for 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 Premises.
Appears in 3 contracts
Sources: Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc)
Repairs and Maintenance. 19.1 Landlord (a) Except as specifically otherwise provided in Paragraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall repair keep and maintain the structural Premises in good order and exterior portions condition, free of accumulation of dirt and Common Areas 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 Property for outdoor storage. When used in this Article 8, the term repairs shall include replacements and renewals when necessary. All repairs 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 Project, including, without limitation, roofing and covering materials, foundations, exterior walls, plumbing, fire sprinkler Premises. Tenant shall maintain all systems (if any), heating, ventilating, air conditioning, elevators, and electrical systems (including, but not limited to, in the emergency generator and any other UPS systems serving the Building) installed or furnished by LandlordPremises. 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 the exclusions 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, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord all costs of maintenance of all systems in the cost Premises. Notwithstanding the other provisions 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 belowthis Lease, Tenant shall not be required to make any capital repairs or capital replacements during the final two (2) years of the Lease.
(b) Landlord, throughout the Term of this Lease shall, at Tenant’s its sole cost and expense maintain (without pass-through to Tenant) make all necessary repairs to the roof, floor slab, footings and keep foundations and the Premises structural steel columns and every girders forming a 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 TermPremises, surrender the Premises to Landlord in as good of a condition as when receivedprovided, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. however, that Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 of this Lease.
19.3 Landlord shall not be liable for any failure responsibility to make any repairs or to perform any maintenance that is an obligation of repair unless and until Landlord unless such failure shall persist for an unreasonable time (but not to exceed 30 days) after Tenant provides Landlord with receives written notice of the need of for such repairs or maintenancerepair. Tenant waives its rights under Applicable Laws now 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 hereafter otherwise unless such repair is made necessary because of Tenant’s wrongful or negligent acts or omissions or acts and omissions not intended in effect the design and engineering of the 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 at Landlord’s expense.
19.4 Repairs under 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 Article 19 that are obligations of Landlord are subject to allocation among Tenant and other tenants Paragraph (c) as an Operating Expenses, except as otherwise provided Expense in this Article 19 and in accordance with Article 10.
19.5 This Article 19 relates to repairs (d) Landlord shall keep and maintenance arising in the ordinary course of operation maintain all common areas of the Building 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 Project and Property made necessary by Tenant’s specific use, manner of use or occupancy of the Property or by Tenant’s installations in or upon the Property, or by any related facilities. In the event act or omission of fireTenant or any employee, earthquakeagent, floodcontractor, vandalism, war, terrorism, natural disaster or similar cause invitee of damage or destruction, Article 25 shall apply in lieu of this Article 19.
19.6 If any excavation Tenant shall be made upon land adjacent to or under at the Building, or shall be authorized to be made, sole cost and expense of Tenant. Tenant shall afford not bear the expense of any repairs to the person causing Premises or authorized to cause such excavationthe Property arising out of or caused by any other tenant’s use, license to enter the Premises for the purpose manner of performing such work as said person shall deem necessary use 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 PremisesProperty 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 furnish janitorial services to the Premises during the Term of this Lease. Landlord shall furnish janitorial service to the common areas of the Property, if any. Tenant shall pay its proportionate share of the cost of such janitorial services to be furnished by Landlord pursuant to this Paragraph (f) as an Operating Expense in accordance with Article 10.
(g) The time for Landlord’s performance of any of its obligations under this Lease shall be extended for additional periods of time equal to the time lost by Landlord or Landlord’s agents, contractors, 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 any cause similar or dissimilar to the foregoing beyond the reasonable control of Landlord or Landlord’s agents, contractors, subcontractors or suppliers. 062113
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Faro Technologies Inc)
Repairs and Maintenance. 19.1 Tenant acknowledges that, with full awareness of its obligations under this Lease, and in light of the fact that Landlord acquired the Premises from Tenant (or an affiliate of Tenant) as of the Commencement Date, Tenant has accepted the condition, state of repair and appearance of the Premises. Except for normal wear and tear and events of damage, destruction or casualty to the Premises (as addressed in Section 18 below), Tenant agrees that, at its sole expense and throughout the Term, it shall repair put, keep and maintain the Premises, including any Alterations and any altered, rebuilt, additional or substituted building, structures and other improvements thereto or thereon, in good order, condition, repair and appearance (allowing for normal wear and tear), and in a safe condition, repair and appearance (collectively, the “Required Condition”) and shall make all repairs and replacements necessary to ensure compliance with the Required Condition. Without limiting the foregoing, Tenant shall promptly make all structural and exterior portions nonstructural, foreseen and Common Areas unforeseen, ordinary and extraordinary changes, replacements and repairs of every kind and nature, and correct any patent or latent defects in the Building Premises, which may be required to put, keep and maintain the ProjectPremises in the Required Condition. Tenant will keep the Premises orderly and free and clear of rubbish. Tenant covenants to perform or observe all terms, covenants and conditions of any easement, restriction, covenant, declaration or maintenance covenants of record (collectively, “Easements”) to which the Premises are currently subject or become subject pursuant to this Lease (it being agreed that Landlord shall not amend any Easement or agree to any additional Easement in any manner that will either limit, in any adverse respect, Tenant’s rights under this Lease or impose any new or increased burden, economic or otherwise, on Tenant, without Tenant’s prior written consent, which consent may be withheld in Tenant’s sole, but reasonable, discretion), whether or not such performance is required of Landlord under such Easements, including, without limitation, roofing and covering materialspayment of all amounts due from Landlord or Tenant (whether as assessments, foundations, exterior walls, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevators, and electrical systems (includingservice fees or other charges) under such Easements. Tenant shall deliver to Landlord promptly, but not limited toin no event later than five (5) business days after receipt thereof, copies of all written notices received from any party thereto regarding the emergency generator and any other UPS systems serving non-compliance of the Building) installed Premises or furnished by Landlord. Any costs related to the repair ’s or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses (subject to the exclusions 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, 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 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 exceptedperformance of obligations under any Easements. Tenant shall, upon the expiration or sooner termination of the Termat its expense, surrender use reasonable efforts to enforce compliance with any Easements benefiting the Premises by any other person or entity or property subject to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance exceptedsuch Easements. Landlord shall have no obligation not be required to altermaintain, remodelrepair or rebuild, improveor to make any alterations, repairreplacements or renewals of any nature to the Premises, decorate or paint any part thereof, whether ordinary or extraordinary, structural or nonstructural, foreseen or not foreseen, or to maintain the Premises or any part 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 way or to perform correct any maintenance that patent or latent defect therein except to the extent such action is an obligation necessitated by Landlord’s or Agent’s negligence or willful misconduct or by actions taken by or on behalf of Landlord unless such failure shall persist for an unreasonable time (but not to exceed 30 days) after Tenant provides Landlord in connection with written notice Landlord’s inspection of the need Premises prior to Landlord’s acquisition of such repairs or maintenancetitle thereto. Tenant hereby expressly waives its rights under Applicable Laws now or hereafter in effect any right to make repairs at Landlord’s expense.
19.4 Repairs under this Article 19 that are obligations the expense of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses, except as otherwise which may be provided for in this Article 19 and any Law in Article 10.
19.5 This Article 19 relates to repairs and maintenance arising in effect at the ordinary course of operation of the Building and the Project and any related facilitiesCommencement Date or that may thereafter be enacted. 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 excavation shall be made upon land adjacent to or under the 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 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 abandon the Premises, it shall give Landlord immediate written notice thereof.
Appears in 2 contracts
Sources: Industrial Building Lease (Lenox Group Inc), Purchase and Sale Agreement (Lenox Group Inc)
Repairs and Maintenance. 19.1 Landlord shall repair and maintain the structural and exterior portions and Common Areas of the 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 (including, but not limited to, the emergency generator and any other UPS systems serving the Building) installed or furnished by Landlord. Any costs related to the repair or maintenance activities specified in this Section 19.1 shall be included Except as a part of Operating Expenses (subject to the exclusions otherwise set forth in Article 10)this Lease, unless ----------------------- Lessee shall, at Lessee's sole cost and expense, maintain the Premises and adjacent areas in good, clean and safe condition and repair to the satisfaction of the Lessor any damage caused by Lessee or its employees, agents, invitees, licensees or contractors. Without limiting the generality of the foregoing, and except as otherwise set forth in this Lease, Lessee shall be solely responsible for maintaining and repairing all plumbing, electrical wiring and equipment, lighting and interior wall, to the extent such are within the perimeter walls of the Building. Lessor may repair the heating, ventilation and air conditioning systems servicing the Building as deemed necessary by Lessor and Lessee shall pay the cost of such repairs. Notwithstanding anything to the contrary contained herein, any capital improvements mandated by law shall be prorated over the life of the improvement, as determined by GAAP, and prorated over Lessee's remaining Lease term. Except for repairs or maintenance is required in whole or in part because rendered necessary by the negligence of any act, neglect, fault or omissions of TenantLessee, its agents, servantscustomers, employees or and invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance.
19.2 Except for services of LandlordLessor agrees, if any, required by Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below, Tenant shall at Tenant’s Lessor's sole cost and expense maintain expense, to keep in good repair the structural portions of the roof, foundations and keep exterior walls of the Premises (exclusive of glass and every part thereof in good condition exterior doors) and repair, damage thereto from ordinary wear underground utility and tear excepted. Tenant shall, upon sewer pipes outside the expiration or sooner termination exterior walls of the TermBuilding. Lessor agrees that repair costs of the roof membrane in excess of one thousand five hundred dollars ($1,500) per year shall be at Lessor's cost and expense. Except for normal maintenance and repair of the items outlined above, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord Lessee shall have no obligation right of access to alter, remodel, improve, repair, decorate or paint install any device on the Premises or any part 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, 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 roof of the Building and nor make any penetrations of the Project and any related facilities. In the event roof 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 excavation shall be made upon land adjacent to or under the 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 said person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support without the same as long as such actions do not interfere with Tenant’s Permitted Use and occupancy express prior written consent of the PremisesLessor.
Appears in 2 contracts
Sources: Lease Agreement (Jetfax Inc), Lease Agreement (Jetfax Inc)
Repairs and Maintenance. 19.1 Landlord 9.1 Landlord, at its sole cost and expense, shall repair and maintain be responsible for the repair, maintenance and, if necessary, replacement of the structural and exterior portions and Common Areas of elements, the Building roof structure, foundation and the Projectstructural integrity of floor slabs of Building 1, 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, provided that Tenant shall pay for the emergency generator and cost of any other UPS systems serving the Building) installed or furnished by Landlord. Any costs related such repairs to the repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses (subject to extent occasioned by the exclusions set forth in Article 10), unless such repairs or maintenance is required in whole or in part because of any negligent act, neglect, fault omission or omissions willful misconduct of Tenant, its agents, servantsemployees, employees or invitees, licensees or contractors, or by the construction of Tenant Improvements by Tenant, but only to the extent such cost is in which case excess of any proceeds received by Landlord from the insurance for Building 1 maintained by Landlord pursuant to Section 14.2.
9.2 Subject to reimbursement by Tenant as provided in Article 10 hereof, Landlord shall keep and maintain in good repair (including replacement as necessary), the roof covering and the exterior surfaces of the exterior walls and window frames of Building 1 (exclusive of doors, door frames, door checks and other entrances and windows), all Outdoor Areas (defined in Section 10.1) on Parcel 1, all Shared Areas (as defined in the Declaration) for the use of Parcel 1 and all systems (including sewer, gas, electrical and water lines) serving the Premises to the point of connection to Building 1. Tenant shall pay give Landlord prompt written notice of any damage to Landlord the cost of such repairs and maintenancePremises requiring repair by Landlord.
19.2 9.3 Except for services to the extent of Landlord, if any, required by Section 19.1, 's obligations provided in Sections 9.1 and subject to the terms and conditions of Articles 25 and 26 below9.2 hereof, Tenant shall shall, at Tenant’s sole cost its expense, keep and expense maintain and keep the Premises and every part thereof in good order, condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shallincluding, upon without limiting the expiration or sooner termination generality of the Termforegoing, surrender all equipment or facilities specifically serving the Premises to Landlord in Premises, such as good plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire hose connections if within the Premises, fixtures, interior walls, interior surfaces of a condition as when receivedexterior walls, ordinary wear ceilings, floors, windows, doors, plate glass, and tear and damage due to casualty covered by Landlord’s insurance exceptedskylights. Landlord shall have no obligation to alterNotwithstanding the foregoing, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 of this Lease.
19.3 Landlord Tenant shall not be liable for any failure required 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, 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 excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing extent occasioned by the negligent act or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as said person shall deem necessary omission 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 Premises.willful
Appears in 2 contracts
Sources: Lease Agreement (Formfactor Inc), Lease Agreement (Formfactor Inc)
Repairs and Maintenance. 19.1 Landlord 13.01 Tenant shall repair and maintain the structural and exterior portions and Common Areas take good care of the Building Demised Premises and the Projectfixtures, equipment and appurtenances therein, and shall, at its sole cost and expense, promptly make all all nonstructural repairs or replacements thereto as and when needed to preserve them in good working order and condition (unless caused by negligence of Landlord, its agents, employees or contractors (collectively, “Landlord Parties”), except for reasonable wear and tear, including, without limitation, roofing as shall be required by reason of (i) the performance or existence of Tenant’s Changes (not to include Landlord’s Work and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems (if anyprovided that Landlord notifies Tenant upon plan approval that such Tenant’s Changes will trigger this obligation), heating(ii) the installation, ventilatinguse or operation of Tenant’s Property in the Demised Premises, air conditioning, elevators, and electrical systems (including, but not limited to, iii) the emergency generator and any other UPS systems serving moving of Tenant’s Property in or out of the Building, or (iv) installed the misuse or furnished by Landlordneglect of Tenant or any of its employees, agents or contractors. 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 the exclusions 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, at 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 at Tenant’s sole cost and expense maintain and keep expense, shall replace all scratched, damaged or broken doors or other glass in or about the Demised Premises and every part thereof shall be responsible for all repairs, maintenance and replacement of wall and floor coverings in good condition the Demised Premises and repairfor the repair and maintenance of all lighting fixtures therein. If and when reasonably necessary Landlord shall be responsible for and shall make all repairs and replacements to the sidewalks adjacent to the Building, damage thereto from ordinary wear subsurface conditions and tear excepted. Tenant shall, upon the expiration or sooner termination structural elements of the TermBuilding and Building systems.
13.02 Except as expressly otherwise provided in this Lease, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation liability to alterTenant by reason of any inconvenience, remodelannoyance, improve, repair, decorate interruption or paint the Premises or any part thereof except as provided in Section 19.1 of this Lease.
19.3 Landlord shall not be liable for any failure injury to make business arising from Landlord’s making any repairs or to perform any maintenance that changes which Landlord 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 required or maintenance. Tenant waives its rights under Applicable Laws now permitted by this Lease, or hereafter in effect required by law, to make repairs at Landlord’s expense.
19.4 Repairs under this Article 19 that are obligations of Landlord are subject in or to allocation among Tenant and other tenants as Operating Expenses, 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 any portion of the Building and or the Project and Demised Premises, or in or to the fixtures, equipment or appurtenances of the Building or the Demised Premises, including, without limitation, any related facilities. In repairs and/or changes to the event Building and/or the Demised Premises for purposes of fire, earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause obtaining the certificate of damage or destruction, Article 25 shall apply in lieu of this Article 19occupancy for the Building.
19.6 If 13.03 Subject to the provisions of Articles 20 and 21 herein should any excavation action of Landlord prevent Tenant from utilizing at least seventy-five (75%) percent of the Demised Premises for more than five (5) consecutive business days, the Fixed Rent shall ▇▇▇▇▇ until Tenant is able to resume the use at least twenty-five (25%) percent of the Demised Premises. Should Tenant be made upon land adjacent to or under prevented from utilizing at least seventy-five (75%) percent of the Building, or shall be authorized to be made, Demised Premises for more than sixty (60) days Tenant shall afford have the right to terminate this Lease by giving written notice to Landlord no later than seventieth (70th) consecutive days and vacating no later than what would the person causing or authorized ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to cause such excavation, license to enter the Premises for 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 Premisesboth dates.
Appears in 2 contracts
Sources: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)
Repairs and Maintenance. 19.1 Landlord Landlord’s sole obligations shall repair be repair, replacement and maintain the structural and exterior portions and Common Areas maintenance of the Building and the Projectfoundation, including, without limitation, roofing and covering materials, foundationsstructural elements, exterior walls, plumbingand exterior windows of the Property. At Tenant’s expense, fire sprinkler systems Tenant shall perform all other maintenance and repairs necessary to maintain the improvements in a first class operating condition and repair, both interior or exterior, ordinary or extraordinary, including the roof, window glass, plate glass, store fronts, sidewalks, curbs, parking lots, parking spaces, doors, windows (if anyexcept 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, ventilating, air conditioning, elevatorsventilation, and electrical air conditioning systems (includingand changing filters for such systems. Tenant shall also repair and be responsible for the damage caused by stoppage, but not limited tobreakage, leakage, overflow, discharge or freezing of plumbing pipes, soil lines or fixtures. If any part of the emergency generator improvements is damaged by Tenant, or Tenant’s employees, agents, or invitees or any breaking and any other UPS systems serving entering of said improvements, Tenant shall provide Landlord with immediate written notification of all damage to the Building) installed or furnished Property. After notification and approval by Landlord. Any costs related to the repair or maintenance activities specified in this Section 19.1 , repairs shall be included made promptly at Tenant’s expense so as a part to restore said improvement to its previous condition. If Tenant refuses or neglects to commence the necessary repairs within thirty (30) days after the written demand by Landlord (other than in the case of Operating Expenses (subject to the exclusions set forth in Article 10emergency), unless Landlord may (but shall not be required to) make such repairs without liability to Tenant for any loss or maintenance is required in whole damage that may accrue to Tenant’s stock, business, equipment, or in part because of any actfixtures by reason thereof, neglectand if Landlord makes such repairs, fault or omissions of Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord Landlord, on demand, as Additional Rent, 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 at thereof. 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. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises failure to Landlord in as good of pay shall constitute a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 of default under this Lease.
19.3 Landlord . Tenant’s failure to give, or unreasonable delay in giving, notice of needed repairs or defects shall not be make Tenant 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, 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 excavation shall be made upon land adjacent to or under the 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 said person shall deem necessary or desirable to preserve and protect the Building from injury loss or damage and to support the same as long as such actions do not interfere with Tenant’s Permitted Use and occupancy of the Premisesresulting from delay or needed repairs.
Appears in 2 contracts
Sources: Triple Net Lease Agreement (Viemed Healthcare, Inc.), Triple Net Lease Agreement (Viemed Healthcare, Inc.)
Repairs and Maintenance. 19.1 Landlord 16.1 Subject to Landlord’s obligations set forth in Section 16.2 below, Tenant shall keep and service, repair and maintain the structural Premises in good condition, including the interior and exterior portions and Common Areas of the Building and the ProjectLeased Premises, includingall electrical, without limitationheating, roofing and covering materials, foundations, exterior wallsair-conditioning equipment, plumbing, fire sprinkler systems (if any)system, heatingwiring, ventilatingpiping, air conditioningfixtures, elevatorsdoors, glass, floor covering, parking lot, fixtures, doors, glass, windows, lighting, snowplowing of driveways, signs, landscaping, equipment and electrical systems (appurtenances and any other repairs or replacements necessary to maintain and operate the Premises. Tenant shall supply janitorial services to the Leased Premises. Tenant shall be responsible for the maintenance of the parking lot including, but not limited to, patching, general cleaning or sweeping, and sealing and striping the emergency generator parking lot and any other UPS systems serving driveways. Notwithstanding the Building) 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 provisions of Operating Expenses (subject to the exclusions 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, its agents, servants, employees or inviteesparagraph 5 above, in which case the event that 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 at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof replaces any major capital improvement 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 Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part 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, 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 useful life of the improvement is greater than the then remaining term of the Lease, including 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 excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be madeextensions, Tenant shall afford 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 person causing useful life of the improvement. For this purpose, the useful life of an improvement shall be determined by an independent engineer or authorized architect with experience in similar work who is selected by the mutual agreement of Landlord and Tenant and if they are unable to cause agree, by 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 excavationthings as the replacement of furnaces, license to enter air conditioning units, elevators, the roof, windows, or parking lots.
16.2 Landlord shall, at its sole expense without reimbursement, maintain, repair and replace all of the roof and structural components of the building (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) of the Premises for (collectively, the purpose of performing such work as said person “Structure”), in good condition and, to that end, shall deem necessary or desirable make, at its expense, all replacements and repairs, to preserve and protect keep 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 Structure of the PremisesPremises in good and safe repair and condition.
Appears in 2 contracts
Sources: Equity Purchase Agreement (Infrastructure & Energy Alternatives, Inc.), Equity Purchase Agreement (Infrastructure & Energy Alternatives, Inc.)
Repairs and Maintenance. 19.1 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including, without limitation, including roofing and covering materials, ; foundations, ; exterior walls, ; plumbing, ; common fire sprinkler systems (if any), ; common heating, ventilating, air conditioning, conditioning systems; common elevators; exterior windows, and common electrical systems (including, but not limited to, the emergency generator and any other UPS systems serving the Building) 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 the exclusions 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, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenancesystems.
19.2 18.2. Except for services of Landlord, if any, required by Section 19.118.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the terms maintenance, repair and conditions replacement of Articles 25 all of Tenant’s signage (both interior and 26 belowexterior) 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 exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord 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 time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense maintain by persons or contractors selected by Tenant and keep the Premises and every part thereof consented to in good condition and repair, damage thereto from ordinary wear and tear exceptedwriting by Landlord. Tenant shall, upon at Tenant’s expense, but under the expiration or sooner termination direction of the TermLandlord, surrender the Premises by contractors selected by Tenant and consented to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered writing by Landlord’s insurance excepted. Landlord shall have no obligation , promptly repair any injury or damage to alter, remodel, improve, repair, decorate or paint the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, 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’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 right to refuse to collect or accept from Tenant any part thereof except waste that is not separate and sorted as provided in Section 19.1 required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this LeaseSection.
19.3 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an Landlord’s obligation of Landlord pursuant to this Lease 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, 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 that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of firesuch failure and, earthquakeif Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, floodif such repair or maintenance cannot reasonably be completed with such period, vandalismwithin the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), warTenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, terrorismbefore performing any such repairs or maintenance, natural disaster Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or similar cause of damage or destruction, Article 25 shall apply in lieu of this Article 19maintenance.
19.6 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as said such 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 by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s Permitted Use obligations under this Lease provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the PremisesPremises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
18.6. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.7. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions exceeds the limits of any insurance maintained or required to be maintained by Tenant 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 within thirty (30) days after receipt of an invoice therefor.
Appears in 2 contracts
Sources: Lease Agreement (Spark Therapeutics, Inc.), Lease Agreement (Spark Therapeutics, Inc.)
Repairs and Maintenance. 19.1 Landlord shall Tenant’s repair and maintain maintenance obligations include, without limitation, repairs to and maintenance of (a) the roof, foundation and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and exterior portions and Common Areas of fire/life safety systems serving the Building and Premises in general; (c) the Projectlawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, 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, the emergency generator and any other UPS systems serving the Building) installed or furnished by LandlordInitial Alterations. 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 the exclusions 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, its agents, servants, employees or invitees, in which case If 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 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. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 of this Lease.
19.3 Landlord shall not be liable for any failure fails to make any repairs or to perform any maintenance that is the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an obligation of emergency), Landlord unless such failure may make the repairs, and Tenant shall persist for an unreasonable time (but not to exceed 30 days) after Tenant provides Landlord with written notice pay the reasonable cost of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter repairs, together with an administrative charge in effect an amount equal 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 and in Article 10.
19.5 This Article 19 relates to repairs and maintenance arising in the ordinary course of operation fifteen percent (15%) of the Building and cost of the Project and any related facilitiesrepairs. In To 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 excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be madeextent Landlord is not reimbursed by insurance proceeds, Tenant shall afford reimburse Landlord for the cost of repairing damage to the person causing or authorized to cause such excavation, license to enter the Premises for 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 caused by Tenant’s Permitted Use failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and occupancy their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the Premisescost of the repairs.
Appears in 2 contracts
Sources: Commercial Lease Agreement, Commercial Lease Agreement (Video Display Corp)
Repairs and Maintenance. 19.1 15.01 Tenant shall take good care of the Demised 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) 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 responsible for any of such repairs as are required by reason of Landlord’s neglect or other fault in the manner of performing any of Tenant’s Work or Tenant’s Changes which may be undertaken by Landlord for Tenant’s account or are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or contractors. Except if required by the neglect or other fault of Landlord or its employees, agents or contractors, Tenant, 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.
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 exterior portions otherwise, interior and Common Areas of exterior, as and when needed in or about the Building and the ProjectDemised Premises, 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, the emergency generator and except for those repairs for which Tenant is responsible pursuant to any other UPS systems serving the Building) installed or furnished by Landlord. Any costs related to the repair or maintenance activities specified provisions of this lease.
15.03 Except as expressly otherwise provided in this Section 19.1 shall be included as a part of Operating Expenses (subject to the exclusions set forth in Article 10)lease, unless such repairs or maintenance is required in whole or in part because of any act, neglect, fault or 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, and subject to the terms and conditions of Articles 25 and 26 below, 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. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation liability to alterTenant by reason of any inconvenience, remodelannoyance, improve, repair, decorate interruption or paint the Premises or any part thereof except as provided in Section 19.1 of this Lease.
19.3 Landlord shall not be liable for any failure injury to make business arising from Landlord’s making any repairs or to perform any maintenance that changes which Landlord 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 required or maintenance. Tenant waives its rights under Applicable Laws now permitted by this lease, or hereafter in effect required by law, to make repairs at Landlord’s expense.
19.4 Repairs under this Article 19 that are obligations of Landlord are subject in or to allocation among Tenant and other tenants as Operating Expenses, 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 any portion of the Building and or 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 excavation shall be made upon land adjacent to or under the BuildingDemised Premises, or shall be authorized to be made, Tenant shall afford in or to the person causing fixtures, equipment or authorized to cause such excavation, license to enter the Premises for the purpose appurtenances of performing such work as said person shall deem necessary or desirable to preserve and protect the Building from injury or damage 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 support the same Tenant and otherwise in such manner as long as such actions do will not materially interfere with Tenant’s Permitted Use and occupancy use of the Demised Premises.
Appears in 2 contracts
Sources: Lease Agreement (Angion Biomedica Corp.), Lease (Angion Biomedica Corp.)
Repairs and Maintenance. 19.1 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Areas Area of the Building and the Project, including, without limitation, including roofing and covering materials; foundations (excluding any architectural slabs, foundations, but including any structural slabs); exterior walls; plumbing up to the point of entry to the Building (for purposes of clarity, plumbingall plumbing from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines, shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); fire sprinkler systems (if any), heating, ventilating, air conditioning, ; elevators, ; and base Building electrical systems (including, but not limited to, the emergency generator and any other UPS systems serving the Building) installed or furnished by Landlord. Any costs related Tenant hereby waives any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the repair California Civil Code, and under all other similar laws, statutes or maintenance activities specified ordinances now or hereafter in this Section 19.1 shall be included as a part of Operating Expenses (subject to the exclusions 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, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenanceeffect.
19.2 18.2 Except for services of Landlord, if any, required by Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below18.1, Tenant shall shall, at Tenant’s sole cost and expense maintain and at all times from and after the date upon which Landlord delivers possession of the Premises to Tenant for the purpose of commencing the Tenant Improvements, maintain, repair and keep the Premises (including but not limited to (i) the HVAC systems exclusively serving the Premises, including 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 (ii) all plumbing serving the Premises from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines) and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and with the Tenant Improvements in substantially the same condition as existed on the Term Commencement Date, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance, repair or replacement records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear excepted; and damage due to casualty covered by shall, at Landlord’s insurance exceptedrequest and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises (but with respect to wiring, only to the extent installed by or on behalf of a Tenant Party), and repair any damage to the Premises caused thereby. Except as expressly set forth in Section 18.1 above, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided thereof, other than Landlord’s obligation to make available to Tenant the TI Allowance in Section 19.1 of accordance with this Lease.
19.3 18.3 Without limiting the provisions of Section 16.2, Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an Landlord’s obligation of Landlord pursuant to this Lease 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 18.4 Subject to the provisions of Landlord are subject to allocation among Tenant and other tenants as Operating ExpensesSection 14.4, 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 if any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, then 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 said such 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 by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s Permitted Use obligations under this Lease.
18.5 This Article relates to repairs and occupancy maintenance arising in the ordinary course of operation of the PremisesBuilding and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Subject to the provisions of Article 9, 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 arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or required to be maintained by Tenant 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 within thirty (30) days after receipt of an invoice therefor (or, if Landlord has not obtained or maintained the insurance it is required to obtain and maintain pursuant to this Lease, Landlord shall pay such excess, other than what the deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice therefor).
Appears in 2 contracts
Repairs and Maintenance. 19.1 Landlord shall repair (a) Tenant shall, at its own sole cost and maintain expense, keep the structural Premises in good order and exterior portions condition, normal wear and Common Areas tear and damage covered by insurance excepted, at all times on and after commencement of the Building Term to and including the Projectdate of the termination of the Term, including, without limitation, roofing by lapse of time or otherwise. Tenant shall promptly and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevatorsadequately repair the Premises and all its component parts, and electrical systems (replace or repair all landscaping and all damaged or broken fixtures, other than trade fixtures, and appurtenances. In addition, Tenant shall timely and properly maintain all of the Premises including, but not necessarily limited to, the emergency generator mechanical systems, electrical systems, plumbing and any other UPS systems serving the Building) installed sewage systems, foundations and floor slabs, glazing systems, structural steel, masonry walls and wall enclosures, and water tightness of all curtain walls by a qualified stationary engineer 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 the exclusions 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, its agents, servants, employees or inviteesotherwise, in accordance with the greater standard of
(i) the customary maintenance by prudent operators in the industry;
(ii) that which case Tenant shall pay is necessary so as not to Landlord void, diminish, or impair any warranty for such component from time to time in effect; and
(iii) that which is necessary to preserve and protect the cost useful life of such repairs and maintenance.
19.2 Except for services of Landlordcomponent, if any, required by Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below, 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. In addition, Tenant shallshall maintain and repair, upon or cause others to maintain and repair or replace, as the expiration case may be, the roof, and repair any material defect in materials or sooner termination workmanship relating to the foundation, columns, and structural steel which comprise a part of the TermPremises. Landlord, surrender not more frequently than annually during the Term (except in the event of an emergency or extraordinary condition), may 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) days' notice to Tenant, make such repairs, replacements or maintenance in a reasonably diligent fashion, and Tenant shall pay Landlord forthwith upon being billed for same by Landlord the cost thereof plus all overhead, general conditions, 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 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 good of a condition Landlord deems reasonably necessary and which Tenant failed to do as when received, ordinary wear required in this Lease.
(b) It is intended by Tenant and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord that Landlord shall have no obligation obligation, in any manner whatsoever, to alter, remodel, improve, repair, decorate repair or paint maintain the Premises (or any part thereof except the equipment therein), whether structural or nonstructural, all of which obligations are intended, as provided in Section 19.1 between Landlord and Tenant, to be those 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 maintenanceTenant. Tenant expressly waives its rights under Applicable Laws the benefit of any statute now or hereafter in the future in effect which would otherwise afford Tenant the right to make repairs at Landlord’s expense's expense or to terminate this Lease because of Landlord's failure to keep the Premises in good order, condition and repair.
19.4 Repairs under this Article 19 that are obligations of Landlord are subject (c) Prior to allocation among Tenant and other tenants as Operating Expenses, 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 commencement of the Building Lease Landlord received an engineering study of the Premises performed by Eckl▇▇▇ ▇▇▇sultants 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 the Project and any related facilities. In the event of fireexpense, 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 excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to completed no later than the person causing or authorized to cause such excavation, license to enter the Premises for 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 Premises.dates set forth on Exhibit E.
Appears in 2 contracts
Sources: Lease Agreement (Caterair International Inc /Ii/), Lease Agreement (Caterair International Inc /Ii/)
Repairs and Maintenance. 19.1 (a) Landlord shall repair maintain in good order and maintain repair, subject to normal wear and tear and subject to casualty and condemnation, the structural Building (excluding the Demised Premises and exterior other portions and Common Areas of the Building leased to other tenants), the Building parking facilities, the public areas and the Project, includinglandscaped areas. Such maintenance shall be in a manner comparable to other buildings in Wildwood Office Park and shall include, without limitation, roofing the "Maintenance Services", as defined below. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and covering materialsshall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord within fifteen (15) days after demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenantability and material repairs necessitated by damage caused by Landlord, foundations, its agents or employees acting within the scope of their agency or employment. The term Maintenance Services shall include (i) maintaining the exterior walls, plumbingexterior windows, fire sprinkler systems (if any)exterior doors and roof of the Building, heatingcommon areas, ventilatingpublic corridors, air conditioningstairs, elevators, storage rooms, restrooms, the heating, ventilating and air conditioning systems, electrical and plumbing systems of the Building, the walks, paving and landscaping surrounding the Building, (ii) grounds care, including, but not limited to, the emergency generator sweeping of walks and any other UPS systems serving parking areas and maintenance of landscaping in an attractive manner, illumination, snow removal, deicing and lawn care, all consistent with the Buildinggrounds care of Wildwood Office Park, (iii) installed or furnished by Landlord. Any costs related to the repair or maintenance activities specified general maintenance, including supervision, inspections and management functions as typically carried out in this Section 19.1 shall be included as a part of Operating Expenses (subject to the exclusions 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, 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 19.1Wildwood Office Park, and subject to the terms (iv) extermination and conditions of Articles 25 and 26 below, 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. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 of this Lease.
19.3 Landlord shall not be liable pest control services 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, 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 excavation shall be made upon land adjacent to or under the 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 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 Premises.common areas herein) and
Appears in 2 contracts
Sources: Lease Agreement (TSW International Inc), Lease Agreement (Indus International)
Repairs and Maintenance. 19.1 14.01. Landlord shall at its expense, maintain the Building in good repair and maintain condition, including but not limited to the structural maintenance and exterior portions and Common Areas repair of the Building and the Projectroof, including, without limitation, roofing and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems (if any), heating, ventilatingfoundation, air conditioning, elevatorsheating, plumbing and electrical systems (including, but and structural components. Tenant will not limited to, the emergency generator and in any other UPS systems serving manner deface or injure the Building) installed , and will pay the cost of repairing any damage or furnished by Landlord. Any costs related injury done to the repair Building or maintenance activities specified in this Section 19.1 shall be included as a any part of Operating Expenses (subject to the exclusions set forth in Article 10), unless such repairs thereof by Tenant or maintenance is required in whole or in part because of any act, neglect, fault or omissions of Tenant, its ’s agents, servants, employees or invitees, in which case . Tenant shall pay to Landlord take good care of 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 at Tenant’s sole cost and expense maintain Premises and keep the Premises free from waste and every part thereof nuisance of any kind. Tenant shall keep the Premises, including all fixtures installed by Tenant and any plate glass and special store fronts, in good condition and repaircondition, damage thereto from ordinary wear and tear excepted. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary reasonable wear and tear and damage due to caused by casualty excepted, and make all necessary non-structural repairs except those caused by fire, casualty or acts of God covered by Landlord’s fire insurance exceptedpolicy covering the Building. The performance by Tenant of its obligations to maintain and make repairs shall be conducted only by contractors and subcontractors approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned, or delayed), 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 no obligation to altersuch condition corrected after the occurrence of the damage or injury, remodel, improve, Landlord may at its option make such repair, decorate and Tenant, shall within thirty (30) days of request therefor, pay Landlord for the cost thereof. At the end or paint the Premises or any part thereof except as provided in Section 19.1 other termination of this Lease.
19.3 Landlord , Tenant 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 deliver up the Premises with all improvements located thereon (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, except as otherwise provided herein provided) in this Article 19 good repair and in Article 10.
19.5 This Article 19 relates condition, reasonable wear and tear and damage caused by casualty excepted, and shall deliver 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 excavation shall be made upon land adjacent Landlord all keys to or under the 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 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 Premises.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Aralez Pharmaceuticals Inc.)
Repairs and Maintenance. 19.1 Landlord (a) Tenant shall repair keep the Premises, including the Leasehold Improvements (as defined in Section 9(a)), Tenant’s Property (as defined in Section 9(b)), the lighting, walls ceilings, and maintain the structural and exterior portions and Common Areas 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, neat, clean and in good order and condition, reasonable wear and tear excepted. Tenant shall give Landlord prompt notice of any damage to or defective condition, of which it becomes aware or reasonably should become aware, in any part or appurtenance of the Premises, the Leasehold Improvements, Tenant’s Property, or the Building and the Projectincluding mechanical, including, without limitation, roofing and covering materials, foundations, exterior wallselectrical, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioningconditioning and other equipment, elevatorsfacilities and systems located within or serving the Building (hereinafter the “Building Systems”). Tenant shall be responsible for all repairs, replacements and alterations in and to the Premises, the Leasehold Improvements, Tenant’s Property, the lighting, walls ceilings, and electrical systems (including, but not limited tofloors of the Premises, the emergency generator property identified as Tenant’s repair obligation on Exhibit E, and any other UPS systems serving the Building) installed or furnished by Landlord. Any costs related equipment which use is dedicated to the repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses (subject to the exclusions 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, 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 at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof for all repairs, replacements and alterations in good condition and repairto the Building and the Building Systems, damage thereto from ordinary the need for which arises out of : (i) Tenant’s use or occupancy of the Premises, reasonable wear and tear excepted. Tenant shall, upon ; (ii) the expiration installation or sooner termination use of Tenant’s Property in the Premises; (iii) the moving of Tenant’s Property into or out of the TermBuilding; or (iv) any other act or omission of Tenant or Tenant’s Representatives; provided, surrender 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 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 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 in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part 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 days7(a)) 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 shall, at Landlord’s expense.
19.4 Repairs under this Article 19 that are obligations of Landlord are subject to allocation among Tenant , repair, replace and other tenants as Operating Expenses, except as otherwise provided in this Article 19 maintain the external and in Article 10.
19.5 This Article 19 relates to repairs and maintenance arising in the ordinary course of operation structural parts of the Building and the Project Building Systems and any related facilitiesthe 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 to the event contrary, Landlord shall be responsible (subject to either Tenant's reimbursement obligations or Landlord's right to include the cost in Operating Expenses), for the maintenance, repair, replacement and alteration 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 19the property identified as Landlord's repair obligation on Exhibit E attached hereto.
19.6 If (e) Except as provided herein, Landlord shall have no liability to Tenant nor shall Tenant’s covenants and obligations under this Lease be reduced or abated in any excavation shall be made upon land adjacent manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord’s making any repairs or under changes which Landlord is required or permitted by this Lease or by any other tenant’s lease or required by law to make in or to any portion of the BuildingPremises, or shall be authorized to be madethe Project, 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 said person shall deem necessary or desirable to preserve and protect the Building from injury or damage and the Building Systems. Landlord shall nevertheless use its best efforts to support the same as long as such actions do not interfere minimize any interference with Tenant’s Permitted Use and occupancy of business in the Premises.
Appears in 2 contracts
Sources: Lease (Plures Technologies, Inc./De), Lease (CMSF Corp)
Repairs and Maintenance. 19.1 Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project(a) Tenant shall, 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, the emergency generator and any other UPS systems serving the Building) 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 the exclusions 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, 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 at Tenant’s sole cost and expense expense, maintain and keep the interior, non-structural portions of the Premises in good, clean and every part thereof in good safe condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shall, upon Without limiting the expiration or sooner termination generality of the Termforegoing, surrender 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 Premises to Landlord in as good Premises. In addition, Tenant shall be responsible for all repairs made necessary by the negligence or willful misconduct of a condition as when receivedTenant, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance exceptedits employees, agents, contractors or invitees. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided specifically set forth in Section 19.1 of this Lease.
19.3 Landlord . Notwithstanding anything to the contrary in this Lease, under no circumstances shall not be liable for any failure to Tenant make any repairs or to perform any maintenance that is an obligation the structural portions of Landlord the Building, unless such failure repairs are previously approved in writing by Landlord, in Landlord’s sole discretion.
(b) Landlord shall persist be responsible for an unreasonable time (but not to exceed 30 days) after Tenant provides Landlord with written notice repairing and maintaining the portions of the need Premises exterior to the Building, the 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 repairs or maintenancecondition. Tenant waives its rights under Applicable Laws now or hereafter Landlord shall be responsible for maintaining and repairing, in effect to make repairs at Landlord’s expense.
19.4 Repairs under this Article 19 that are 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 subject collectively referred to allocation among Tenant as “Landlord’s Repairs” and other tenants shall be included as Operating Expenses, Expenses except as otherwise provided in Section 7(c). Except as otherwise provided in this Article 19 and Lease, Landlord shall have no liability to Tenant, nor shall Tenant’s obligations under this Lease be reduced or abated in Article 10.
19.5 This Article 19 relates any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord making any repairs and maintenance arising which Landlord is required or permitted by this Lease or by any other tenants’ lease or required by law to make in the ordinary course of operation or to any portion of the Building and the Project and Premises; provided, however, that Landlord shall use reasonable efforts to minimize 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 excavation shall be made upon land adjacent to or under the 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 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 interference with Tenant’s Permitted Use business at the Premises. If Landlord or Tenant fails to maintain the Premises in good order, condition and occupancy repair, Landlord and Tenant, as the case may be, shall give the responsible party thirty (30) days written notice 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 acts and expend such funds at the expense of the Premisesresponsible party as are reasonably required to perform such work. Any amount so expended by the other party shall be paid by the 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 work, but not to exceed the maximum amount then allowed by law.
Appears in 2 contracts
Sources: Net Lease Agreement (Confluent, Inc.), Net Lease Agreement (Confluent, Inc.)
Repairs and Maintenance. 19.1 Landlord Except as otherwise provided in this Article, Tenant, at its sole cost and expense, shall repair maintain each of the Demised Properties and maintain the each part thereof, structural and exterior portions non-structural, in good order, condition and Common Areas repair, including all areas outside of any buildings (including all sidewalks, driveways, landscaping, trash enclosures, and trash compacting and loading areas on the Building and the Project, including, without limitation, roofing and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems (if anyDemised Properties), heatingand including any roof on any buildings, ventilating, air conditioning, elevatorsin a neat and clean condition, and electrical systems (includingensuring that debris from the operation of each convenience food store and/or retail automobile fuel station or other Permitted Use on the Demised Properties is cleaned and removed on a regular basis) and, but not limited to, the emergency generator and any other UPS systems serving the Building) 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 the exclusions 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, 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 Article 6, shall make any necessary Repairs thereto, interior and 26 belowexterior, whether extraordinary, foreseen or unforeseen, but subject to Article 11 and Article 12. Without limitation, (a) no Repairs shall result in any structural damage to any Demised Properties or any injury to any persons, (b) Tenant shall at ensure that the quality of materials and workmanship of any Repairs meets or exceeds the quality of materials and workmanship of the Improvements prior to the need for such Repairs; (c) all Repairs shall fully comply with applicable Law, the requirements of any covenants, conditions, restrictions or other permitted encumbrances that are of record regarding the applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by 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. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance exceptedfranchisor (if applicable). Landlord shall have no obligation duty whatsoever to altermaintain, remodelreplace, improveupgrade, repairor repair any portion of the Demised Properties, decorate including any structural items, roof or paint the Premises roofing materials, or any part thereof except as provided in Section 19.1 of this Lease.
19.3 Landlord shall not be liable for any failure aboveground or underground storage tanks, and Tenant hereby expressly waives the right to make Repairs at the expense of Landlord, which right may be provided for in any repairs applicable Law now or hereinafter in effect. In addition to perform any maintenance Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed
1. [***] Indicates material that is an obligation has been omitted and for which confidential treatment has been requested. All such omitted material has been filed with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities and Exchange Act of Landlord unless such failure shall persist for an unreasonable time 1934, as amended. with all Repairs or fulfill its other obligations as set forth above within thirty (but not to exceed 30 days30) days after Tenant provides Landlord with receipt of written notice of the need of such repairs therefor from Landlord or maintenance. Tenant waives any other Person describing the applicable Repair or other obligation, then Landlord or 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 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 excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to agents may enter the Premises Demised Properties for the purpose of performing making such work Repairs or fulfilling those obligations. Tenant shall pay to Landlord all costs and expenses incurred by Landlord 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 a consequence of such actions do not interfere with TenantLandlord’s Permitted Use and occupancy of the Premisesactions.
Appears in 2 contracts
Sources: Master Land and Building Lease (Getty Realty Corp /Md/), Master Land and Building Lease (Getty Realty Corp /Md/)
Repairs and Maintenance. 19.1 Landlord The Lessee shall maintain the leased premises in a good state of repair and be responsible for the costs of maintenance and repairs. He will, among other things, be responsible for the repair and, if necessary, replacement of the locks of the doors, windows, hinges and handles, taps, interior paint work, flooring and the like. All private drainage systems and pipes need to be maintained and cleaned and in such a state that no blockage is possible. He will maintain the structural water pipes and exterior portions and Common Areas the central heating (as far as these are private, otherwise through the maintenance contract) and, when necessary, protect them from frost. The Lessor or manager of the Building building can close maintenance contracts for this purpose on the behalf of the Lessee. All defects, damage, and the Projectlike are presumed to have arisen after the effective date of this lease agreement, including, without limitation, roofing and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevatorswith the exception of those listed in the delivery report, and electrical systems (including, but not limited to, are to be borne by the emergency generator Lessee. Only the hidden defects of the leased premises that impede the use thereof and any other UPS systems serving that are reported within twelve months after the Building) installed or furnished by Landlord. Any costs related signing of the contract to the repair or maintenance activities specified in this Section 19.1 Lessor shall be included borne by the Lessor. It is agreed that only major and structural repair work, in accordance with Section 606 Civil Code, will be borne by the Lessor, as a part far as they are not caused by the failure of Operating Expenses (subject the repairs or errors of the Lessee. The Lessee must immediately report to the exclusions set forth in Article 10), unless such Lessor by registered letter which obligations he believes the Lessor should have to fulfil. The damage or inconvenience sustained by failing to recognize this notification requirement will be borne by the Lessee. The Lessee will tolerate any repairs or maintenance is required renovations performed by the Lessor to fulfil his obligations regarding major repairs, as defined, and this without any right to compensation or reduction of the rental price. However, if the works result in whole a permanent unavailability of more than fourteen days and of at least 20% of the leased premises, then the Lessee and the Lessor will hold consultations regarding a rent reduction. The Lessee will always grant access to the Lessor or in part because of any act, neglect, fault or omissions of Tenant, its agents, servants, employees or inviteeshis representative to all leased premises, in which case Tenant shall pay order to Landlord carry out the cost of such repairs and maintenance.
19.2 Except for services of Landlordnecessary inspections and/or to be able to perform repairs, if any, required by Section 19.1, and subject or to verify the terms and conditions of Articles 25 and 26 below, 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. Tenant shall, upon the expiration or sooner termination state of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance exceptedleased premises. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 of this Lease.
19.3 Landlord The Lessor shall not be liable for any failure to make any repairs interruption of services 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 utilities of the need building or the consequences thereof, unless the interruption is caused by his willful misconduct, fraud or gross negligence. The Lessor can give notice to the Lessee by registered mail, demanding that he carries out the necessary repair work and to end this within thirty days after sending this letter. The Lessor has no task of such repairs supervision 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 and in Article 10.
19.5 This Article 19 relates to control over the repairs and maintenance arising in the ordinary course of operation of like that 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 19Lessee must perform.
19.6 If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for 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 Premises.
Appears in 2 contracts
Sources: Office Space Lease Agreement (Galapagos Nv), Office Space Lease Agreement (Galapagos Nv)
Repairs and Maintenance. 19.1 Section 10.1 Landlord shall repair and maintain shall, at Landlord’s expense, make all structural repairs needed to the structural and exterior portions and Common Areas of the Building and the Project, including, without limitation, roofing and covering materials, foundations, exterior walls, plumbingstructural columns, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevatorsstructural roof, and electrical systems structural floors that enclose the Premises (includingexcluding all doors, but not limited todoor frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the emergency generator and any other UPS systems serving necessity for such repairs. Notwithstanding the Buildingforegoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) installed days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence 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 the exclusions 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 misconduct of Tenant, its employees, contractors, agents, servantssubtenants, employees or employees, customers and 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 10.2 If the terms and conditions of Articles 25 and 26 belowPremises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense maintain expense, for maintaining, in good order and keep 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 every 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 thereof 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 repairorder the Premises and all installations, damage thereto 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 ordinary wear such fixtures to the point at which such lines, valves and tear exceptedpipes 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 expense, such 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 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 expiration or sooner termination maintenance, repair, and servicing of the TermHVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, surrender Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Premises to Landlord in as good Building resulting from any act or omission of a condition as when receivedTenant, ordinary wear and tear and damage due to casualty covered by Landlord▇▇▇▇▇▇’s insurance excepted. subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no obligation liability to alterTenant, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 of this Lease.
19.3 Landlord Rent shall not be liable for any failure to make abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor 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 other work in effect to make repairs at Landlorda manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’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 and in Article 10.
19.5 This Article 19 relates to repairs and maintenance arising business in the ordinary course of operation of the Building Premises 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 excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavationPremises, license to enter the Premises for 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 Work and occupancy of the PremisesTenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 2 contracts
Sources: Retail Lease, Retail Lease
Repairs and Maintenance. 19.1 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including, without limitation, including roofing and covering materials, ; foundations, ; exterior walls; Building systems, including plumbing, mechanical, fire sprinkler systems (if any), ; heating, ventilating, air conditioning, conditioning systems; elevators, ; and electrical systems (including, but not limited to, the emergency generator and any other UPS systems serving the Building) installed or furnished by Landlord. Any costs related to the repair or maintenance activities specified Landlord in this Section 19.1 shall be included as a part of Operating Expenses (subject to the exclusions set forth first class manner and 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, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs good condition and maintenancerepair.
19.2 18.2. Except for services of Landlord, if any, required by Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below18.1, Tenant shall at Tenant’s sole cost and expense clean, maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear tear, casualty and condemnation excepted. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when receivedand repair in accordance with Article 17 and Article 26, ordinary wear and tear and damage due to thereto from casualty covered by and condemnation excepted; and shall, at Landlord’s insurance exceptedrequest, 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 alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 thereof, other than pursuant to the terms and provisions of this Leasethe Work Letter.
19.3 18.3. 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 maintenanceexcept 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.
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 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 facilities18.4. 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 excavation shall be made upon land adjacent to or under the 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 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 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 Permitted Use ongoing business operations.
18.5. This Article relates to repairs and occupancy maintenance arising in the ordinary course of operation of the PremisesBuilding and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses, 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 cost of such repairs and maintenance.
Appears in 2 contracts
Sources: Sublease Agreement (Natera, Inc.), Sublease Agreement (Natera, Inc.)
Repairs and Maintenance. 19.1 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including, without limitation, including 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, the emergency generator and any other UPS systems serving the Building) installed or furnished by Landlord. Any costs related Landlord shall also maintain a flood mitigation system to facilitate drainage in the repair or maintenance activities specified parking facilities located in this Section 19.1 shall be included as a part of Operating Expenses (subject to the exclusions 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, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenanceCommon Area.
19.2 18.2. Except for services of Landlord, if any, required by Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below18.1, 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. 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 Landlord in as good of a condition as when received, ordinary wear and tear excepted and damage due with the Tenant Improvements in substantially the same condition as existed on the Term Commencement Date (subject to casualty covered by ordinary wear and tear); and shall, at Landlord’s insurance exceptedrequest 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 alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 thereof, other than pursuant to the terms and provisions of this Leasethe Work Letter.
19.3 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an Landlord’s obligation of Landlord pursuant to this Lease 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. In the event that Tenant notifies Landlord that the flood mitigation system at the Project needs improvements or repairs, Landlord shall use commercially reasonable efforts to prevent flooding at the Project within a reasonable period of time after receiving such notification. 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 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 facilities18.4. 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 excavation shall be made upon land adjacent to or under the 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 said such 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 by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s Permitted Use obligations under this Lease.
18.5. This Article relates to repairs and occupancy maintenance arising in the ordinary course of operation of the PremisesBuilding and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6. Except as otherwise set forth in Section 9.1(c), costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
Appears in 2 contracts
Sources: Lease (Ambit Biosciences Corp), Lease (Ambit Biosciences Corp)
Repairs and Maintenance. 19.1 A. Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including, without limitation, roofing roof and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems roof membrane in good working order and repair. Landlord shall perform and construct (if anyor shall cause to be performed or constructed), heatingand Tenant shall have no responsibility to perform or construct, ventilatingany repair, air conditioningmaintenance or improvements (a) to the structural portions of the Premises, elevators(b) which could be treated as a “capital expenditure” under generally accepted accounting principles, and electrical systems (including, but not limited to, c) the emergency generator and any other UPS systems Building Systems serving the Premises (including components of such systems located in the Premises) and the Building) installed or furnished by Landlord. Any costs related to Notwithstanding the repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses (subject to the exclusions set forth in Article 10)foregoing, unless such repairs or maintenance is required in whole or in part because of any act, neglect, fault or omissions of Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay for its share of the foregoing costs to Landlord the extent such costs are properly included in Expenses, provided that the cost of such any capital repairs and shall be amortized over the useful life of the capital item in question. In performing any maintenance., repairs or improvements, Landlord shall minimize interference with Tenant’s business operations. Landlord shall assign to Tenant any warranties affecting any portion of the Premises for which Tenant has any repair responsibilities,
19.2 Except for services B. If Tenant becomes aware of Landlord, if any, required by Section 19.1, and subject to the terms and any conditions that are dangerous or in need of Articles 25 and 26 belowmaintenance or repair, Tenant shall promptly provide Landlord with notice of any such conditions. Tenant, at Tenant’s its sole cost and expense maintain expense, shall perform all maintenance and repairs to the Premises (other than with respect to any elements of the Building that are Landlord’s responsibility in Section 9.01(A) above), and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary reasonable wear and tear excepted. Tenant shallTenant’s repair and maintenance obligations include, upon without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the expiration or sooner termination interior side of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided demising walls; (e) Alterations (described in Section 19.1 9.03); (f) supplemental air conditioning units, kitchens, including hot water heaters, and similar facilities exclusively serving Tenant, whether such items are installed by Tenant or are currently existing in the Premises; and (g) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of this Lease.
19.3 Landlord Tenant (collectively, “Cable”). All repairs and other work performed by Tenant or its contractors shall not be liable for any failure subject to the terms of Section 9.03 and 9.04 below. If Tenant fails to make any repairs or to perform any maintenance that is the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an obligation of emergency), Landlord unless such failure shall persist for an unreasonable time may make the repairs, and, within thirty (but not to exceed 30 days30) 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, 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 excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be madedemand, Tenant shall afford to pay the person causing or authorized to cause such excavation, license to enter the Premises for 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 reasonable cost of the Premisesrepairs, together with an administrative charge in an amount equal to five percent (5%) of the cost of the repairs.
Appears in 2 contracts
Sources: Office Lease Agreement (Cloudflare, Inc.), Office Lease Agreement (Cloudflare, Inc.)
Repairs and Maintenance. 19.1 Landlord shall repair and maintain the structural and exterior portions and Common Areas 8.1 By taking possession of the Building Premises, Tenant shall be deemed to have conclusively agreed to accept the Premises "AS-IS" and as being in the Projectcondition in which Landlord is required to deliver the same and otherwise in good order, including, without limitation, roofing condition and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems repair (if anyexcept for latent defects), heating, ventilating, air conditioning, elevators, and electrical systems (including, but not limited to, the emergency generator and any other UPS systems serving the Building) installed or furnished by Landlord. Any costs related Subject to the repair or maintenance activities specified in this provisions of Section 19.1 shall be included as a part of Operating Expenses (subject to the exclusions 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, 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 22 below, Tenant shall shall, at all times during the term hereof and at Tenant’s 's sole cost and expense maintain and expense, keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear . It is understood and tear excepted. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to agreed that Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have has no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof thereof, except as provided specified in Section 19.1 22 below or in the Work Agreement, and that no representations relating to 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.
19.3 8.2 Subject to the provisions of Section 8.1 above and Section 22 below, 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 good order and condition, provided however, if such maintenance and repairs are caused in whole or in part by the act, neglect, fault, or omission of any duty by Tenant, its agents, servants, employees, or invitees, Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such 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 maintenancemaintenance is given to Landlord by Tenant. Except as provided in Section 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives its rights under Applicable Laws now or hereafter in effect the right to make repairs at Landlord’s expense's expense under any law, statute or ordinance now or hereafter in effect.
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 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 excavation shall be made upon land adjacent to or under the 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 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 Premises.
Appears in 2 contracts
Sources: Lease (Digital Island Inc), Lease (Digital Island Inc)
Repairs and Maintenance. 19.1 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including, without limitation, including roofing and covering materials, ; foundations, ; exterior walls, ; plumbing, ; fire sprinkler systems (if any), ; heating, ventilating, air conditioning, conditioning systems; elevators, ; and electrical systems (including, but not limited to, the emergency generator and any other UPS systems serving the Building) installed or furnished by Landlord. Any costs related to the repair or maintenance activities specified Landlord in this Section 19.1 shall be included as a part of Operating Expenses (subject to the exclusions 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, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs good condition and maintenancerepair.
19.2 18.2. Except for services of Landlord, if any, required by Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below18.1, 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. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear excepted; and damage due to casualty covered by shall, at Landlord’s insurance exceptedrequest 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 alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 of this Leasethereof.
19.3 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an Landlord’s obligation of Landlord pursuant to this Lease 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 18.4. Provided Landlord are subject uses commercially reasonable efforts to allocation among Tenant and other tenants as Operating Expensesminimize interference with Tenant’s use, 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 if any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as said such 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 by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s Permitted Use obligations under this Lease.
18.5. This Article relates to repairs and occupancy maintenance arising in the ordinary course of operation of the PremisesBuilding and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6. Subject to Section 9.1(c), costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
Appears in 2 contracts
Repairs and Maintenance. 19.1 Landlord shall repair and maintain the structural and exterior portions and Common Areas of the 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 (including, but not limited to, the emergency generator and any other UPS systems serving the Buildinga) 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 the exclusions 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, 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 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. The Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear at its expense (save and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 6.1(e) below as to certain capital repairs and replacements required during the last twenty-four (24) months of the Term), diligently and in a good and workmanlike manner perform such maintenance, repairs and replacements as are required to 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 is required to perform or contribute to the same as a result of 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 repairs and replacements, including without limitation, the structure, foundations, roof or 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 Demised Premises, other than in areas designated by the Landlord;
(iii) repair all damage in the Demised Premises resulting from any misuse, excessive use or installation, alteration, or removal 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. With respect to the sidewalks, parking 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) at the expiration or sooner determination of 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 the following exceptions: (i) injury caused by or resulting from any Gross Negligence or willful misconduct of the Landlord, 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 Notice any maintenance, repairs or replacements in accordance with the Tenant’s obligations hereunder. The Tenant shall be responsible for the reasonable costs of such inspection and any required re-inspections to confirm the Tenant’s compliance.
(d) If the Tenant fails to maintain, repair or 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 Lease.
19.3 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 liable for any failure obligated to make any do so) to have Tenant perform such capital 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 replacements at Landlord’s expense.. If Landlord makes such capital repairs or replacements, or pays to have Tenant do so as aforesaid, then, the reasonable cost to finance same shall be amortized over the useful life of the 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 pay for):
19.4 Repairs under this Article 19 that are obligations (i) repairs or replacements caused by perils which the Tenant is required to insure against pursuant to the provisions of Landlord are subject Section 9.1 hereof or otherwise insures against;
(ii) repairs or replacements attributable to allocation among Tenant and other tenants as Operating Expenses, except as otherwise provided in this Article 19 and in Article 10.
19.5 This Article 19 relates to repairs and maintenance arising defects in the ordinary course of operation original design or construction of the Building and Tenant’s work described in Section 7.1 hereof;
(iii) repairs or replacements caused by work performed by or on behalf of the Project and Tenant;
(iv) repairs or replacements caused by the acts, omissions or negligence of the Tenant or Tenant Parties or by its or their misuse of the Demised Premises or parts thereof;
(v) repairs or replacements caused by the failure of the Tenant to complete any related facilities. In maintenance or repairs which the event of fire, earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage or destruction, Article 25 shall apply in lieu Tenant is required to perform under the terms of this Article 19.Lease; and
19.6 If (vi) repairs or replacements which are covered by any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford warranty assigned to the person causing Tenant or authorized to cause such excavation, license to enter the Premises that would be covered by a warranty were it not for the purpose of performing such work as said person shall deem necessary acts 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 omissions of the PremisesTenant.
Appears in 2 contracts
Sources: Agreement of Purchase and Sale (GTWY Holdings LTD), Agreement of Purchase and Sale (Gateway Casinos & Entertainment LTD)
Repairs and Maintenance. 19.1 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Areas Area of the Building and the Project, including, without limitation, including roofing and covering materials; foundations (excluding any architectural slabs, foundations, but including any structural slabs); exterior walls, ; plumbing, ; fire sprinkler systems (if any); base Building HVAC systems up to the first damper or isolation valve that serves the Premises (for purposes of clarity, heating, ventilating, air conditioning, elevatorsthe 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 (including, but not limited to, the emergency generator and any other UPS systems serving the Building) 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 the exclusions 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, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance.
19.2 18.2. Except for services of Landlord, if any, required by Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises (including but not limited to 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 within ten (10) days after receipt of written notice from ordinary wear and tear exceptedLandlord, 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 of a condition as when received, ordinary wear and tear excepted; and damage due to casualty covered by shall, at Landlord’s insurance exceptedrequest and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises (with respect to wiring, only to the extent installed by a Tenant Party (as defined below)), and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 of this Leasethereof.
19.3 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an Landlord’s obligation of Landlord pursuant to this Lease 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, 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 facilities18.4. 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 excavation shall be made upon land adjacent to or under the 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 said such 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 by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s Permitted Use obligations under this Lease.
18.5. This Article relates to repairs and occupancy maintenance arising in the ordinary course of operation of the PremisesBuilding and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
Appears in 2 contracts
Sources: Lease (Pandion Therapeutics Holdco LLC), Lease (Pandion Therapeutics Holdco LLC)
Repairs and Maintenance. 19.1 19.1. Landlord shall repair and maintain the structural and exterior portions and Common Areas of the 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, the systems described in Subsections 17.7(a)-(c) from outside the Premises to the border of the Premises, and electrical systems (including, but not limited to, the emergency generator and any other UPS systems serving the Building) 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 the exclusions set forth in Article 10), unless except to the extent such repairs or maintenance is required in whole or in part because of any act, neglect, fault or 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 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 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. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear excepted and damage due subject to casualty covered by the provisions of this Lease regarding condemnation; and shall, at Landlord’s insurance exceptedrequest, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby; provided, however, Tenant may instead terminate, cut and label both ends of any such wiring, in which case Tenant shall not be required to remove such wiring. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 thereof, other than pursuant to the terms and provisions of this Lease, including the Work Letter.
19.3 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 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 and in or Article 10.
19.5 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 excavation shall be made upon land adjacent to or under the 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 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 Premises.
Appears in 2 contracts
Sources: Lease (Ardelyx, Inc.), Lease (Ardelyx, Inc.)
Repairs and Maintenance. 19.1 Landlord shall repair Tenant shall, at Tenant’s sole expense, keep the Premises and maintain the structural alterations in good order, condition and exterior portions and Common Areas of the Building and the Projectrepair, including, without limitationbut not limited to, roofing and covering materialsall equipment or facilities, foundations, exterior walls, such as plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevatorselectrical lighting, boilers, pressure vessels, fire protection system fixtures, interior and exterior walls, interior utility installations, ceilings, floors, windows, doors, glass, signage, landscaping, parking lot and driveways, and electrical systems (including, but all other facilities located in or on the Premises not limited to, the emergency generator and any other UPS systems serving the Building) installed or furnished by Landlordresponsibility of Landlord as described in section 6.3. 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 the exclusions 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, 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 at Tenant’s sole cost and expense maintain and keep keeping the Premises and every part thereof in good order, condition and repair, damage thereto from ordinary wear shall exercise and tear excepted. Tenant shall, upon the expiration or sooner termination perform good maintenance practices including preventative maintenance of the Term, surrender the Premises roof and air conditioning systems. Tenant’s obligations shall include maintaining copies of applicable service contracts and providing copies of same to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by at Landlord’s insurance exceptedrequest. Landlord shall have no obligation If Tenant does not make repairs promptly and adequately when required to alterdo so, remodel, improve, repair, decorate or paint the Premises or any part 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 and such failure or non-performance shall persist continue for an unreasonable time a period of twenty (but not to exceed 30 days20) after days from the date Landlord notifies Tenant provides Landlord with written notice 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 expenses under this Section 6.2 constitute an item of Expense under Section 3.5 hereof. Notwithstanding the foregoing, Tenant’s obligations shall include maintaining service contracts on all HVAC and roof systems, pursuant to which such systems shall be 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 such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expenseservice contracts and records of maintenance performed by the service contractors.
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 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 excavation shall be made upon land adjacent to or under the 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 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 Premises.
Appears in 2 contracts
Sources: Lease Agreement, Industrial Building Lease Agreement (Entorian Technologies Inc)
Repairs and Maintenance. 19.1 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Areas of the 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 (including, but not limited to, the emergency generator and any other UPS systems serving the Building) installed or furnished by Landlord. Any costs related to the repair or maintenance activities specified in this Section 19.1 18.1 shall be included as a part of Operating Expenses (subject to the exclusions set forth in Article 10)Expenses, unless such repairs or maintenance is required in whole or in part because of any act, neglect, fault or 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 18.2. Except for services of Landlord, if any, required by Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below18.1, 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. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in thereof, other than pursuant to Section 19.1 of this Lease4.2 hereof.
19.3 18.3. 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 18.4. Repairs under this Article 19 18 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 and in Article 1018.
19.5 18.5. This Article 19 18 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 22 shall apply in lieu of this Article 1918.
19.6 If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for 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 Premises.
Appears in 2 contracts
Sources: Lease (Receptos, Inc.), Lease (Receptos, Inc.)
Repairs and Maintenance. 19.1 Landlord 9.1 Landlord, at its sole cost and expense, shall repair and maintain be responsible for the repair, maintenance and, if necessary, replacement of the structural and exterior portions and Common Areas of elements, the Building roof structure, foundation and the Projectstructural integrity of floor slabs of Building 2, 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, provided that Tenant shall pay for the emergency generator and cost of any other UPS systems serving the Building) installed or furnished by Landlord. Any costs related such repairs to the repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses (subject to extent occasioned by the exclusions set forth in Article 10), unless such repairs or maintenance is required in whole or in part because of any negligent act, neglect, fault omission or omissions willful misconduct of Tenant, its agents, servantsemployees, employees or invitees, licensees or contractors, or by the construction of Tenant Improvements by Tenant, but only to the extent such cost is in which case excess of any proceeds received by Landlord from the insurance for Building 2 maintained by Landlord pursuant to Section 14.2.
9.2 Subject to reimbursement by Tenant as provided in Article 10 hereof, Landlord shall keep and maintain in good repair (including replacement as necessary), the roof covering and the exterior surfaces of the exterior walls and window frames of Building 2 (exclusive of doors, door frames, door checks and other entrances and windows), all Outdoor Areas (defined in Section 10.1) on Parcel 2, all Shared Areas (as defined in the Declaration) for the use of Parcel 2 and all systems (including sewer, gas, electrical and water lines) serving the Premises to the point of connection to Building 2. Tenant shall pay give Landlord prompt written notice of any damage to Landlord the cost of such repairs and maintenancePremises requiring repair by Landlord.
19.2 9.3 Except for services to the extent of Landlord, if any, required by Section 19.1, 's obligations provided in Sections 9.1 and subject to the terms and conditions of Articles 25 and 26 below9.2 hereof, Tenant shall shall, at Tenant’s sole cost its expense, keep and expense maintain and keep the Premises and every part thereof in good order, condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shallincluding, upon without limiting the expiration or sooner termination generality of the Termforegoing, surrender all equipment or facilities specifically serving the Premises to Landlord in Premises, such as good plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire hose connections if within the Premises, fixtures, interior walls, interior surfaces of a condition as when receivedexterior walls, ordinary wear ceilings, floors, windows, doors, plate glass, and tear and damage due to casualty covered by Landlord’s insurance exceptedskylights. Landlord shall have no obligation to alterNotwithstanding the foregoing, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 of this Lease.
19.3 Landlord Tenant shall not be liable for any failure required 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, 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 excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing extent occasioned by the negligent act or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as said person shall deem necessary omission 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 Premises.willful
Appears in 2 contracts
Sources: Lease Agreement (Formfactor Inc), Lease Agreement (Formfactor Inc)
Repairs and Maintenance. 19.1 Landlord shall repair and maintain Tenant shall, at its expense, throughout the structural and exterior portions and Common Areas of the Building and the ProjectTerm, includingkeep, 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, the emergency generator and any other UPS systems serving the Building) 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 the exclusions 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, 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 at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof preserve, in good condition and repair, damage thereto from ordinary wear the Premises and tear exceptedthe fixtures and appurtenances therein. Tenant shallTenant’s obligations hereunder shall include, upon but not be limited to, the expiration or sooner termination maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning (“HVAC”) servicing the Premises, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. Throughout the Term, surrender Tenant shall maintain, at its own expense, an HVAC maintenance contract that is reasonably acceptable to Landlord. Notwithstanding anything herein to the contrary, in the event that any HVAC unit(s) or any major component of the HVAC unit(s) (i.e., the air-handler, compressor, coil or condenser) serving the Premises to Landlord requires replacement (rather than repair), as reasonably determined by Landlord, during the Term of the Lease, then Landlord, not Tenant, shall replace the HVAC unit(s) or applicable component of any such HVAC unit(s) at Landlord’s sole cost and expense; provided, however, that in as good of a condition as when received, ordinary wear and tear and damage the event any such replacement is necessary due to casualty covered (a) the negligence or misconduct of Tenant or the Tenant’s Parties, or (b) Tenant’s failure to repair and maintain the HVAC unit(s) or the misuse of the Premises by Tenant or the Tenant’s Parties, then Tenant, and not Landlord’s insurance excepted, shall be solely responsible for the total cost of any such replacement of the applicable HVAC unit(s) or major component thereof and Tenant shall pay such amount to Landlord, as Additional Rent under the Lease, within ten (10) days after the delivery to Tenant of written demand, together with supporting invoices, therefor. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint replace and restore the Premises or any part 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 Common Areas and 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 foundation, exterior and other tenants as Operating Expensesinterior load-bearing walls, except as otherwise provided in this Article 19 roof structure and in Article 10.
19.5 This Article 19 relates to repairs roof covering and maintenance arising in the ordinary course of operation tuckpointing of the Building and the Project cost of all such matters performed by Landlord shall constitute Operating Expenses. Notwithstanding any of the foregoing, however, from time to time during the Term, Landlord may elect, in its sole discretion following Tenant’s failure to cure following delivery of written notice to Tenant, to perform on behalf of Tenant, all or some portion of the repairs, maintenance, restoration and replacement in and to the Premises required to be performed by Tenant under this Lease (any related facilitiessuch repairs, maintenance, restoration and/or replacement activities that Landlord elects to perform on behalf of Tenant are herein collectively referred to as “General Maintenance Services”). In Tenant shall reimburse Landlord for the event cost or value of fireall General Maintenance Services provided by Landlord as Additional Rent. Unless and until Landlord affirmatively elects to provide General Maintenance Services, 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 excavation nothing contained herein shall be made upon land adjacent construed to obligate Landlord to perform any General Maintenance Services or, except as otherwise expressly provided in this Section 14, to repair, maintain, restore or under the 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 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 replace any portion of the Premises. Landlord may from time to time, in its sole discretion, (a) reduce or expand the scope of the General Maintenance Services that Landlord has elected to provide or (b) revoke its election to provide any or all of the General Maintenance Services.
Appears in 2 contracts
Sources: Short Form Industrial Building Lease, Industrial Building Lease (Birks Group Inc.)
Repairs and Maintenance. 19.1 Landlord shall repair 13.01. Tenant shall, at its expense, throughout the term of this Lease, take good care of and maintain in good order and condition the Premises and the fixtures and improvements therein including, without limitation, the property which is deemed Landlord’s pursuant to Section 12.01 hereof, except as otherwise expressly provided in this Lease. Subject to the provisions of Section 9.04 hereof, and except as otherwise provided for in this Lease, Tenant shall be responsible, at is sole cost and expense, for all repairs, interior and exterior, structural and exterior portions non-structural, ordinary and Common Areas of extraordinary, foreseen or unforeseen, in and to the Premises and the Building and the Projectfacilities and systems thereof, the need for which arises out of
(a) the performance by or on behalf of Tenant of any Alterations,
(b) the installation, use or operation of any property installed by or on behalf of Tenant which is deemed Landlord’s pursuant to Section 12.01 hereof and Tenant’s Property,
(c) the moving of any property installed by or on behalf of Tenant which is deemed Landlord’s pursuant to Section 12.01 hereof and Tenant’s Property in or out of the Building, or
(d) the gross negligence or willful misconduct of Tenant or any of its subtenants or its or their employees, agents, contractors or invitees. As used in this Article, the term “repairs” shall include replacements. All repairs in or to the Premises for which Tenant is responsible shall be promptly performed by Tenant in a manner which will not unreasonably interfere with the use of the Building by other occupants, but Tenant shall not be required to perform same on an overtime or premium pay basis, except if and to the extent the use of such overtime or premium pay labor would be required under the Declaration if the owner of the Unit were performing such repairs.
13.02. Tenant shall give Landlord notice of any defective condition in any plumbing, heating, air-conditioning or ventilation system or electrical lines located in, servicing or passing through the Premises of which it has actual knowledge. Following such notice, Landlord shall comply with its obligations under Section 13.04 hereof, but if Tenant is responsible for same under the provisions of this Article 13, Tenant shall reimburse Landlord for its commercially reasonable out-of-pocket costs without profit or markup incurred in doing so.
13.03. Except as otherwise expressly provided in this Lease, Landlord shall have no liability to Tenant, nor shall Tenant’s covenants and obligations under this Lease be reduced or abated in any manner whatsoever, by reason of any inconvenience, annoyance, interruption or injury arising from Landlord’s making any repairs which Landlord is required or permitted by this Lease, or required by law, to make in or to the fixtures, equipment or appurtenances of the Building or the Premises; provided, however, that Landlord shall make such repairs at such times and in such manner as to minimize interference with the conduct of Tenant’s business in the Premises, including, without limitation, roofing and covering materialsthe performance of such work on an overtime or premium-pay basis to the extent required of a Unit Owner under the Declaration. Except in emergency circumstances, foundationsupon Tenant’s request, exterior walls, plumbing, fire sprinkler systems Landlord shall perform any maintenance or repairs which would interfere with Tenant’s conduct of business in or use of the Premises during hours other than Business Hours of Business Days (if anyas herein defined), heatingand Tenant shall reimburse Landlord for the incremental costs incurred by Landlord in connection with performing such maintenance or repairs during such hours, ventilatingunless the necessity for such maintenance or repairs shall arise from (i) the gross negligence or willful misconduct of Landlord or any of its agents, air conditioningcontractors or employees, elevatorsor (ii) the failure of Landlord to observe or perform any of the terms, and electrical systems (includingcovenants or conditions of this Lease required to observed or performed by Landlord, but not limited to, the emergency generator and any other UPS systems serving the Building) installed or furnished in which case such incremental costs shall be borne by Landlord. Any incremental costs related required to be paid by Tenant pursuant to the repair or maintenance activities specified in this Section 19.1 preceding sentence shall constitute Additional Charges hereunder and shall be included as a part of Operating Expenses paid to Landlord within thirty (30) days after demand.
(a) Landlord shall, at its expense, but subject to the exclusions provisions of this Lease including, without limitation Section 13.01,
(i) keep and maintain in good order and condition to the standard then prevailing for comparable premium first-class midtown Manhattan office buildings (“Comparable Buildings”) the Unit and the Building Systems servicing same, and
(ii) make all repairs, interior and exterior, structural and non-structural, ordinary and extraordinary, foreseen or unforeseen, in and to the foregoing necessary or appropriate in order to keep the same in such condition, as set forth in Article 10clause (i) of this subsection 13.04(a), unless such repairs except to the extent same is the responsibility of the Condominium Board of Managers or maintenance is required in whole the FC Board of Managers under the Declaration. Landlord shall, at its expense, but subject to the provisions of this Lease, clean the common or in part because public areas and facilities of any act, neglect, fault or 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 LandlordUnit, if any, required by Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below, 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. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 of this Leaseaccordance with standards then prevailing for Comparable Buildings.
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, 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 excavation shall be made upon land adjacent to or under the 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 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 Premises.
Appears in 2 contracts
Sources: Operating Agreement (New York Times Co), Operating Agreement (New York Times Co)
Repairs and Maintenance. 19.1 Landlord A. Subject to provisions of paragraph 15 of this Lease, Lessor shall keep and maintain in good order, condition and repair the structural elements of the Premises including the roof, roof membrane, paving, floor slab, foundation, exterior walls, landscaping, and irrigation. Lessor shall make such repairs, replacements, alterations or improvements as Lessor deems reasonably necessary with respect to such structural elements and Lessee shall pay to Lessor, within ten (10) business days of Lessor’s invoice to Lessee therefor, Lessee’s pro-rata share of such repairs, replacements, alterations or improvements. In the event that the cost of any replacement or improvement exceeds $25,000 per occurrence, the amount in excess of $25,000 shall be amortized, on a straight line basis, over the useful life of such replacements or improvements as reasonably determined by Lessor using manufacturers’ guidelines. Lessee shall be obligated to pay its pro-rata share of such excess on a monthly basis, as Additional Rent, for as long as the useful life coincides with the lease term. Notwithstanding the foregoing, but subject to the provisions of Paragraph 9.D of this Lease, if the reason for any repair, replacement, alteration or improvement is caused by Lessee or arises because of a breach of Lessee’s obligations under this Lease, then Lessee shall pay 100% of the costs or expense to remedy the same.
B. Except as expressly provided in Subparagraph A above, Lessee shall, at its sole cost, keep and maintain the structural entire Premises and exterior portions and Common Areas of the Building and the Projectevery part thereof, including, without limitation, roofing the windows, window frames, plate glass, glazing, truck doors, doors, all door hardware, interior of the Premises, interior walls and covering materialspartitions, foundations, exterior wallsand electrical, plumbing, fire sprinkler and lighting, systems (if any)in good and sanitary order, condition, and repair. Lessor shall maintain a service contract for the maintenance of all heating, ventilating, air conditioning, elevatorsand ventilation equipment with a licensed and insuranced contractor. Lessee shall reimburse Lessor pursuant to Paragraph 10 above for the cost of said maintenance contract. Should Lessee fail to maintain the Premises or make repairs required of Lessee hereunder forthwith upon notice from Lessor, Lessor, in addition to all other remedies available hereunder or by law, and electrical systems (includingwithout waiving any alternative remedies, but not limited tomay make the same, the emergency generator and any other UPS systems serving the Building) installed or furnished by Landlord. Any costs related to the repair or maintenance activities specified in this Section 19.1 that event, Lessee shall be included reimburse Lessor as a part of Operating Expenses (subject to the exclusions 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, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord additional rent for the cost of such maintenance or repairs and maintenance.
19.2 Except for services on the later of: (a) the next date upon which rent becomes due; or (b) within ten (10) business days following receipt of Landlord, if any, required by Lessor’s invoice. Lessee hereby expressly waives the provision of Subsection 1 of Section 19.11932, and subject to the terms Sections 1941 and conditions of Articles 25 and 26 below, 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. Tenant shall, upon the expiration or sooner termination 1942 of the TermCivil Code of California and all rights to make repairs at the expense of Lessor, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 1942 of this Leasesaid Civil Code.
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, 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 excavation shall be made upon land adjacent to or under the 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 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 Premises.
Appears in 2 contracts
Sources: Lease Agreement (Opnext Inc), Lease Agreement (Opnext Inc)
Repairs and Maintenance. 19.1 Landlord 9.1 Landlord, at its sole cost and expense, shall repair and maintain be responsible for the repair, maintenance and, if necessary, replacement of the structural and exterior portions and Common Areas of elements, the Building roof structure, foundation and the Projectstructural integrity of floor slabs of Building 3, 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, provided that Tenant shall pay for the emergency generator and cost of any other UPS systems serving the Building) installed or furnished by Landlord. Any costs related such repairs to the repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses (subject to extent occasioned by the exclusions set forth in Article 10), unless such repairs or maintenance is required in whole or in part because of any negligent act, neglect, fault omission or omissions willful misconduct of Tenant, its agents, servantsemployees, employees or invitees, licensees or contractors, or by the construction of Tenant Improvements by Tenant, but only to the extent such cost is in which case excess of any proceeds received by Landlord from the insurance for Building 3 maintained by Landlord pursuant to Section 14.2.
9.2 Subject to reimbursement by Tenant as provided in Article 10 hereof, Landlord shall keep and maintain in good repair (including replacement as necessary), the roof covering and the exterior surfaces of the exterior walls and window frames of Building 3 (exclusive of doors, door frames, door checks and other entrances and windows), all Outdoor Areas (defined in Section 10.1) on Parcel 3, all Shared Areas (as defined in the Declaration) for the use of Parcel 3 and all systems (including sewer, gas, electrical and water lines) serving the Premises to the point of connection to Building 3. Tenant shall pay give Landlord prompt written notice of any damage to Landlord the cost of such repairs and maintenancePremises requiring repair by Landlord.
19.2 9.3 Except for services to the extent of Landlord, if any, required by Section 19.1, 's obligations provided in Sections 9.1 and subject to the terms and conditions of Articles 25 and 26 below9.2 hereof, Tenant shall shall, at Tenant’s sole cost its expense, keep and expense maintain and keep the Premises and every part thereof in good order, condition and repair, damage thereto from ordinary wear including, without limiting the generality of the foregoing, all equipment or facilities specifically serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire hose connections if within the Premises, fixtures, interior walls, interior surfaces of exterior walls, ceilings, floors, windows, doors, plate glass, and tear exceptedskylights. Notwithstanding the foregoing, Tenant shall not be required to make any such repairs to the extent occasioned by the negligent act or omission or willful misconduct of Landlord, its agents, employees, or contractors. Tenant shallshall keep its sewers and drains open and clear to the perimeter of the Premises, and shall keep the hallways and/or sidewalks and common areas adjacent to the Premises clean and free of debris created by Tenant. Tenant shall reimburse Landlord on demand for the cost of damage to the Premises, Building 3 or Landlord's Parcels caused by Tenant or its employees, agents, customers, suppliers, shippers, contractors, or invitees which is in excess of any proceeds received by Landlord from the insurance for Building 3 maintained by Landlord pursuant to Section 14.2. If Tenant shall fail to comply with the foregoing requirements within ten (10) days after notice from Landlord, Landlord may (but shall not be obligated to) effect such maintenance and repair, and the cost thereof together with interest thereon at the Interest Rate (defined below) shall be due and payable as Additional Rent to Landlord within thirty (30) days following receipt of Landlord's written statement of such costs. See Addendum A-9.3.
9.4 Tenant in keeping the Premises in good order, condition, and repair shall exercise and perform good maintenance practices including obtaining, at its expense, a contract for the repair and maintenance of the air conditioning and heating system, if any, exclusively serving the Premises and provide Landlord with a copy of said contract within thirty (30) days after Tenant takes possession of the Premises. The contract shall be for the benefit of Landlord and Tenant and in a form and placed with a licensed contractor satisfactory to Landlord. Tenant obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair, except to the extent of Landlord's obligations expressly set forth in this Lease.
9.5 Tenant shall not make any exterior or structural alterations, changes or improvements in or to Building 3 or material modifications to any of the Base Building operating systems without first obtaining Landlord's prior written consent (which may be withheld by Landlord in its sole discretion as to exterior alterations, and which shall not be unreasonably withheld or delayed with respect to structural or Base Building system modifications), and all of the same shall be at Tenant's sole cost. Landlord's consent shall not be required for any interior cosmetic alterations or alterations not affecting Base Building exterior, structure or systems as referenced above, or for any alterations, changes, replacements or improvements to any interior nonstructural Special Tenant Improvements or any other elements of Tenant's Work; provided that Tenant shall obtain required permits and comply with all other Legal Requirements and all requirements of Article 8 and Exhibit C regarding construction by Tenant and shall notify Landlord not less than ten (10) days prior to commencing any such alterations to give Landlord an opportunity to post a notice of non-responsibility. Landlord may impose as a condition of its consent (when required) such requirements as Landlord, in its reasonable discretion, may deem necessary, including but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord, and that good and sufficient plans and specifications be submitted to Landlord at such times as its consent is requested. Further, Landlord's consent to any alteration which Tenant proposes to make after the Commencement Date shall designate by written notice to Tenant any of the alterations, additions and improvements (collectively, "ALTERATIONS") which Landlord will require Tenant to remove at the expiration or termination of the Lease and those Alterations (if any) which Tenant is not permitted to remove. If Landlord so designates, Tenant shall prior to the expiration of the Term promptly remove the Alterations designated to be removed and repair all damage caused by such removal at its cost and with all due diligence, and shall surrender the Premises with all Alterations which Tenant is required to leave. Unless Landlord designates as a condition to granting its consent to any Alterations that removal by Tenant is required or prohibited, Tenant shall have the right, but not the obligation to remove from the Premises the Alterations for which consent was obtained so long as Tenant promptly repairs any damage resulting from such removal. Except as otherwise expressly provided herein, all Alterations made by Tenant (specifically excluding Tenant's furniture, trade fixtures and equipment) shall become the property of Landlord and a part of the realty and shall be surrendered to Landlord upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance exceptedTerm hereof. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 of this LeaseSee Addendum A-9.5.
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, 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 excavation shall be made upon land adjacent to or under the 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 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 Premises.
Appears in 2 contracts
Sources: Lease Agreement (Formfactor Inc), Lease Agreement (Formfactor Inc)
Repairs and Maintenance. 19.1 17.1. Landlord shall repair and maintain the structural and exterior portions and Common Areas Area of the Building and the ProjectProperty, including, without limitation, including roofing and covering materials; foundations (excluding any architectural slabs, foundations, but including any structural slabs); exterior walls, ; plumbing, ; common fire sprinkler systems (if anybut excluding sprinkler heads which must be maintained by Tenant), heating, ventilating, ; base building HVAC systems (but excluding air conditioning, handlers exclusively serving the Premises which must be maintained by Tenant); common elevators, ; and common electrical systems (including, but not limited to, the emergency generator and any other UPS systems serving the Building) 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 the exclusions 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, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance.
19.2 17.2. Except for services of Landlord, if any, required by Section 19.117.1 hereof, Tenant will maintain the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of 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 in their current condition and state of repair, reasonable wear and tear excepted, and subject 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 terms maintenance, repair and conditions replacement of Articles 25 all of Tenant’s signage (both interior and 26 belowexterior) 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 maintain the Premises in a first-class condition and state of repair. All 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 time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense maintain by persons or contractors selected by Tenant and keep the Premises and every part thereof consented to in good condition and repair, damage thereto from ordinary wear and tear exceptedwriting by Landlord. Tenant shall, upon at Tenant’s expense, but under the expiration or sooner termination direction of the TermLandlord, surrender the Premises by contractors selected by Tenant and consented to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered writing by Landlord’s insurance excepted. Landlord shall have no obligation , promptly repair any injury or damage to alter, remodel, improve, repair, decorate or paint the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, 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’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 right to refuse to collect or accept from Tenant any part thereof except waste that is not separate and sorted as provided in Section 19.1 required by Applicable Laws or Landlord’s sustainability practices, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this LeaseSection.
19.3 17.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an Landlord’s obligation of Landlord pursuant to this Lease 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, 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 facilities17.4. 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 excavation shall be made upon land adjacent to or under the 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 said such 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 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 exterior windows of the Building no more than two (2) times per year. Tenant, at Tenant’s sole cost and expense, shall be responsible for the regular cleaning of the interior of the exterior windows and any interior windows consistent with Tenant’s Permitted Use obligations under Section 17.2.
17.6. This Article relates to repairs and occupancy maintenance arising in the ordinary course of operation of the PremisesBuilding 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 omissions exceeds the limits of any insurance maintained or required to be maintained by Tenant 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
Sources: Lease (Graybug Vision, Inc.), Lease (Graybug Vision, Inc.)
Repairs and Maintenance. 19.1 Landlord 13.01 Tenant shall repair and maintain the structural and exterior portions and Common Areas take good care of the Building Demised Premises and the Projectfixtures, equipment and appurtenances therein, and shall, at its sole cost and expense, promptly make all nonstructural repairs or replacements thereto as and when needed to preserve them in good working order and condition (unless caused by negligence of Landlord, its agents, employees or contractors (collectively, “Landlord Parties”), except for reasonable wear and tear, including, without limitation, roofing as shall be required by reason of (i) the performance or existence of Tenant’s Changes (not to include Landlord’s Work and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems (if anyprovided that Landlord notifies Tenant upon plan approval that such Tenant’s Changes will trigger this obligation), heating(ii) the installation, ventilatinguse or operation of Tenant’s Property in the Demised Premises, air conditioning, elevators, and electrical systems (including, but not limited to, iii) the emergency generator and any other UPS systems serving moving of Tenant’s Property in or out of the Building, or (iv) installed the misuse or furnished by Landlordneglect of Tenant or any of its employees, agents or contractors. 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 the exclusions 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, at 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 at Tenant’s sole cost and expense maintain and keep expense, shall replace all scratched, damaged or broken doors or other glass in or about the Demised Premises and every part thereof shall be responsible for all repairs, maintenance and replacement of wall and floor coverings in good condition the Demised Premises and repairfor the repair and maintenance of all lighting fixtures therein. If and when reasonably necessary Landlord shall be responsible for and shall make all repairs and replacements to the sidewalks adjacent to the Building, damage thereto from ordinary wear subsurface conditions and tear excepted. Tenant shall, upon the expiration or sooner termination structural elements of the TermBuilding and Building systems.
13.02 Except as expressly otherwise provided in this Lease, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation liability to alterTenant by reason of any inconvenience, remodelannoyance, improve, repair, decorate interruption or paint the Premises or any part thereof except as provided in Section 19.1 of this Lease.
19.3 Landlord shall not be liable for any failure injury to make business arising from Landlord’s making any repairs or to perform any maintenance that changes which Landlord 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 required or maintenance. Tenant waives its rights under Applicable Laws now permitted by this Lease, or hereafter in effect required by law, to make repairs at Landlord’s expense.
19.4 Repairs under this Article 19 that are obligations of Landlord are subject in or to allocation among Tenant and other tenants as Operating Expenses, 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 any portion of the Building and or the Project and Demised Premises, or in or to the fixtures, equipment or appurtenances of the Building or the Demised Premises, including, without limitation, any related facilities. In repairs and/or changes to the event Building and/or the Demised Premises for purposes of fire, earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause obtaining the certificate of damage or destruction, Article 25 shall apply in lieu of this Article 19occupancy for the Building.
19.6 If 13.03 Subject to the provisions of Articles 20 and 21 herein should any excavation action of Landlord prevent Tenant from utilizing at least seventy-five (75%) percent of the Demised Premises for more than five (5) consecutive business days, the Fixed Rent shall ▇▇▇▇▇ until Tenant is able to resume the use at least twenty-five (25%) percent of the Demised Premises. Should Tenant be made upon land adjacent to or under prevented from utilizing at least seventy-five (75%) percent of the Building, or shall be authorized to be made, Demised Premises for more than sixty (60) days Tenant shall afford have the right to terminate this Lease by giving written notice to Landlord no later than seventieth (70th) consecutive days and vacating no later than what would the person causing or authorized ninetieth (90th) consecutive day, TIME BEING OF THE ESSENCE for Tenant as to cause such excavation, license to enter the Premises for 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 Premisesboth dates.
Appears in 2 contracts
Sources: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)
Repairs and Maintenance. 19.1 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including, without limitation, roofing and covering materials, including foundations, exterior walls, load bearing walls, windows, plate glass, roofing, and roofing covering materials, and plumbing, fire sprinkler systems (if any)system, heating, ventilating, air conditioning, elevatorselevator, and electrical systems (includingsystems, but not limited to, the emergency generator and any other UPS systems serving the Building) installed or furnished subject to reimbursement by Landlord. Any costs related to the repair or maintenance activities specified in this Section 19.1 shall be included Tenant as a part its Pro Rata Share of Operating Expenses (subject to the exclusions set forth in extent provided by Article 10)7. However, unless if such maintenance or repairs or maintenance is are required in whole or in part solely because of any act, neglect, fault of or omissions of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost reasonable costs of such maintenance and repairs and maintenanceattributable to Tenant’s act, neglect, fault or omission.
19.2 18.2 Except for services of Landlord, if any, required by as otherwise set forth in Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below18.1, Tenant shall shall, throughout the term of this Lease, at Tenant’s sole cost and expense maintain 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 existing in the Premises as of the Term Commencement Date, or installed thereafter by Landlord as part of Landlord’s Improvements, or installed by Tenant with the permission of Landlord, except for damage thereto from causes beyond the reasonable control of Tenant and ordinary wear and tear exceptedtear. Tenant shall, shall upon the expiration or sooner earlier termination of the Term, term hereof surrender the Premises to Landlord in as good of a the same condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance from causes beyond the reasonable control of Tenant excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part 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, 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 excavation shall be made upon land adjacent to or under the 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 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 Premises.18.1
Appears in 2 contracts
Sources: Lease (Biocept Inc), Lease (Biocept Inc)
Repairs and Maintenance. 19.1 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including, without limitation, including roofing and covering materials, ; foundations, ; exterior walls, ; plumbing, ; fire sprinkler systems (if any), ; heating, ventilating, air conditioning, conditioning systems; elevators, ; and electrical systems (including, but not limited to, the emergency generator and any other UPS systems serving the Building) 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 the exclusions 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, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance.
19.2 18.2. Except for services of Landlord, if any, required by Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below18.1, 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. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, except for (i) ordinary wear and tear tear, and damage due (ii) repairs required to casualty covered be made by Landlord; and shall, at Landlord’s insurance exceptedrequest 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 alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except thereof, other than as provided described in Section 19.1 of this Lease.Exhibit B.
19.3 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an Landlord’s obligation of Landlord pursuant to this Lease 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, 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 facilities18.4. 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 excavation shall be made upon land adjacent to or under the 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 said 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. Landlord shall, as long an Operating Expense, contract with a third-party service provider for Building standard janitorial services to the Premises, which services shall be provided five (5) nights per week, excluding holidays recognized as such actions do by the federal government and/or the Commonwealth of Massachusetts. Building standard janitorial services shall not interfere with Tenant’s Permitted Use include any additional cleaning services such as refrigerator cleaning, microwave cleaning, dish cleaning and occupancy carpet cleaning.
18.6. This Article relates to repairs and maintenance arising in the ordinary course of operation of the PremisesBuilding and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.7. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding anything to the contrary in this Lease, in the event that Landlord provides a service or services to Tenant or the Premises that are exclusive to Tenant or the Premises (excluding janitorial costs pursuant to Section 18.5, which shall be included in Operating Expenses), then Tenant shall pay to Landlord (as Additional Rent outside of Operating; Expenses within thirty (30) days of receiving an invoice from Landlord therefor) the amount of any costs incurred by Landlord in providing such service or services plus an additional administrative charge equal to five percent (5%) of the cost of such services.
Appears in 2 contracts
Repairs and Maintenance. 19.1 18.1. Landlord shall repair and maintain in good operating condition the structural and exterior portions and Common Areas of the Building and the Project, including, without limitation, roofing and covering materials, foundations, exterior walls, plumbingplumbing and plumbing fixtures, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevators, and electrical systems systems, unless installed by Tenant (includingLandlord’s Work, but even if paid for by Tenant, shall not limited tobe deemed to be “installed by Tenant”). Except as otherwise provided under Article 7, the emergency generator and any other UPS systems serving the Building) installed or furnished by Landlord. Any costs related to the repair or maintenance activities specified in this Section 19.1 18.1 shall be included as a part of Operating Expenses (subject to the exclusions set forth in Article 10)Expenses, unless such repairs or maintenance is required in whole or in part because of any act, neglect, fault or 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 18.2. Except for services of Landlord, if any, required by Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below18.1, 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. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and casualty damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 thereof, other than pursuant to the terms and provisions of this Leasethe Work Letter.
19.3 18.3. 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 thirty (30) days (or such shorter time (but not to exceed 30 daysas may be reasonable in case of emergency) 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 ; provided, however, that if the nature of Landlord’s expenseobligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it commences performance within the thirty (30) day period and thereafter diligently pursues the cure to completion.
19.4 18.4. Repairs under this Article 19 18 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 and in Article 1018.
19.5 18.5. This Article 19 18 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 22 shall apply in lieu of this Article 1918.
19.6 If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for 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 Premises.
Appears in 1 contract
Sources: Lease (Sonus Pharmaceuticals Inc)
Repairs and Maintenance. 19.1 Landlord A. Subject to provisions of paragraph 15, Lessor shall keep and maintain in good order, condition and repair the structural elements of the Premises including the roof, roof membrane, paving, floor slab, foundation, exterior walls, landscaping, irrigation and elevators. Lessor shall make such repairs, replacements, alterations or improvements as Lessor deems reasonably necessary with respect to such structural elements and Lessee shall pay to Lessor, within ten days of Lessor's invoice to Lessee therefor, Lessee's pro-rata share of such repairs, replacements, alterations or improvements: provided however, that replacement and improvement costs shall be amortized over the useful-life of such replacements or improvements, and Lessee shall be obligated to Pay on a monthly basis, as additional rent, only the monthly-amortized amounts which coincide with the term of the Lease, including any extensions. Notwithstanding the foregoing, if the reason for any repair, replacement, alteration or improvement is caused by Lessee or arises because of a breach of Lessee's obligations under this Lease, then Lessee shall pay 100% of the costs or expense to remedy the same.
B. Except as expressly provided in Subparagraph A above, Lessee shall, at its sole cost, keep and maintain the structural entire Premises and exterior portions and Common Areas of the Building and the Projectevery part thereof, including, without limitation, roofing the windows, window frames, plate glass, glazing, truck doors, doors, all door hardware, interior of the Premises, interior walls and covering materialspartitions, foundations, exterior wallsand electrical, plumbing, fire sprinkler systems (if any)fighting, heating, ventilatingand air conditioning systems in good and sanitary order, air conditioning, elevatorscondition, and electrical systems (including, but not limited to, the emergency generator and any other UPS systems serving the Building) installed or furnished by Landlordrepair. 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 the exclusions 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, 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 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. Tenant Lessee shall, upon at all times during the expiration or sooner termination of the TermLease term and at his expense, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part 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, 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 excavation shall be made upon land adjacent to or under the 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 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 Premises.a service contract
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Brooktrout Technology Inc)
Repairs and Maintenance. 19.1 Landlord shall repair 18.1 Except as set forth in this Section 18.1, Tenant shall, throughout the term of this Lease, at its own cost and expense (subject to recovery under any warranties assigned to Tenant under Section 14.3), and without any cost or expense to Landlord, keep and maintain in good, sanitary and neat order, and repair, the structural Premises and exterior portions every part thereof (subject to wear and Common Areas of the Building tear consistent with commercially reasonable maintenance and the Projectrepair standards applicable to comparable buildings), including, without limitation, roofing all improvements, fixtures, furnishings, and covering materialssystems and equipment therein (including, foundationswithout limitation, plumbing fixtures and equipment serving the Premises, the HVAC systems and equipment exclusively serving the Premises, and all other Premises electrical and mechanical systems). Notwithstanding the foregoing, Landlord shall be responsible for repairs to the (i) those portions of the following that doe not exclusively serve the Premises HVAC, plumbing, Building safety systems, electrical systems, plumbing fixtures, and (ii) exterior walls, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevatorsfoundation and roof of the Building, and electrical systems (including, but not limited to, the emergency generator and any other UPS systems serving structural portions of the floors of the Building) installed or furnished , and the base building systems and equipment of the Building (and all such repairs by Landlord. Any costs related to the repair or maintenance activities specified in this Section 19.1 Landlord shall be included as a part of Operating in Direct Expenses (subject to the exclusions set forth in extent consistent with the terms of Article 10)7, unless such repairs or maintenance is required in whole or in part because of any act, neglect, fault or 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 19.1above, and subject to the terms and conditions of Articles 25 and 26 below, Tenant otherwise shall be at TenantLandlord’s sole cost and expense maintain and keep expense), except to the Premises 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 Landlord in as good of a condition as when received, ordinary wear and tear and damage extent that such repairs are required due to casualty the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance exceptedinsurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall have no obligation not be required to, enter the Premises at all reasonable times to altermake such repairs, remodelalterations, improve, repair, decorate improvements or paint additions to the Premises or to the Building or to any part thereof except equipment located in the Building as provided in Section 19.1 of this Lease.
19.3 Landlord shall not desire or deem necessary or as Landlord may be liable for required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any failure to make any repairs or to perform any maintenance that is an obligation and all rights under and benefits of Landlord unless such failure shall persist for an unreasonable time (but not to exceed 30 days) after Tenant provides Landlord with written notice subsection 1 of Section 1932 and Sections 1941 and 1942 of the need of such repairs California Civil Code or maintenance. Tenant waives its rights under Applicable Laws any similar law, statute, or ordinance now or hereafter in effect to make repairs at Landlord’s expenseeffect.
19.4 Repairs under this Article 19 that are obligations 18.2 There shall be no liability of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses, 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 by reason 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 excavation shall be made upon land adjacent injury to or under the 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 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 interference with Tenant’s Permitted Use and occupancy business arising from the 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 and to the extent of Landlord’s negligent or intentional misconduct.
Appears in 1 contract
Sources: Lease (Ligand Pharmaceuticals Inc)
Repairs and Maintenance. 19.1 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Bent Building and the ProjectBent Project and the Garage, including, without limitation, including roofing and covering materials, ; foundations, ; exterior walls, ; plumbing, ; fire sprinkler systems (if any), ; heating, ventilating, air conditioningconditioning systems (excluding those portions of the heating, ventilating, air conditioning systems located inside the Premises (including the variable air volume distribution and zone control), which shall be repaired and maintained by Tenant); elevators, ; and electrical systems (including, but not limited to, the emergency generator and any other UPS systems serving the Building) 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 the exclusions 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, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance.
19.2 18.2. Except for services of Landlord, if any, required by Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below18.1, 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, including the Generator, the Acid Neutralization Tank, and all laboratory systems, including the reverse osmosis, de-ionized and other treated water systems, vacuum, compressed air and laboratory gas. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear excepted; and damage due to casualty covered by shall, at Landlord’s insurance exceptedrequest 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 alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except thereof, other than as provided described in Section 19.1 of this Lease.Exhibit C.
19.3 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an Landlord’s obligation of Landlord pursuant to this Lease 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, 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 facilities18.4. 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 excavation shall be made upon land adjacent to or under the BuildingBuildings, 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 said such person shall deem necessary or desirable to preserve and protect the Building Buildings from injury or damage and to support the same as long as such actions do not interfere with by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s Permitted Use obligations under this Lease.
18.5. This Article relates to repairs and occupancy maintenance arising in the ordinary course of operation of the PremisesBuildings and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
Appears in 1 contract
Sources: Lease (Idenix Pharmaceuticals Inc)
Repairs and Maintenance. 19.1 Landlord shall A. Tenant covenants throughout the term of this Lease, at its expense, to maintain in good order and repair and maintain replace when necessary the structural and exterior portions and Common Areas of the Building and the ProjectPremises, 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, all window and door glass therein, interior and exterior, the emergency generator floor, all interior structural elements, and any other UPS systems all building service equipment therein or exclusively serving the BuildingPremises including, but not limited to, electrical, plumbing, heating, air conditioning and sprinkler equipment, pipes, wires, ducts, fixtures and appliances, except where such items are damaged by Landlord or its agents, employees or contractors (and in the event such items are damaged by Landlord or its agents, employees or contractors, Tenant shall provide Landlord with all insurance proceeds, if any, which are available to Tenant on account of such damage). Tenant further covenants to keep the Premises in a safe, clean and sanitary condition, to provide for the removal of trash and rubbish; and to surrender the Premises at the end of the tern in as good condition as when received except for ordinary wear, tear and use, fire or other unavoidable casualty.
B. Without limiting Tenant's obligations under Paragraph 14.A. above, Tenant shall, at all times during the term of this Lease, have and keep in force a maintenance contract, in form and with a contractor reasonably satisfactory to Landlord, providing for inspection at least once each calendar quarter of the heating, air conditioning and ventilating equipment (which inspection shall encompass the work described on Exhibit D attached hereto and made a part hereof), and providing for necessary repairs thereto. Said contract shall provide that it will not be cancelable by either party thereto except upon thirty (30) installed or furnished by days' prior written notice to Landlord. Any costs related Tenant shall send to Landlord a copy of this contract within thirty (30) days of the Commencement Date of this Lease, as well as provide Landlord with copies of all service calls and reports within fifteen (15) days after any service call.
C. Landlord agrees to perform at its expense and in a good and workmanlike manner, maintenance to the repair or maintenance activities specified in this Section 19.1 shall be included as a part exterior structure of Operating Expenses (subject to the exclusions set forth in Article 10), unless Improvements and roof except when such repairs are necessitated by negligence or maintenance is required in whole intentional or in part because other act of any act, neglect, fault the Tenant or omissions of Tenant, its 's agents, servants, employees contractors, invitees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenancelicensees.
19.2 Except D. The Tenant covenants and agrees that the Landlord shall not be held responsible for services of Landlord, if any, required by Section 19.1and the Landlord is hereby released and relieved from, and subject forever saved harmless from, any liability by reason of or resulting from damage or injury to person or property of the terms and conditions Tenant or of Articles 25 and 26 belowanyone else, Tenant shall at Tenant’s sole cost and expense maintain and keep directly or indirectly caused by
(1) dampness or water in any part of the Premises and every or in any part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shall, upon the expiration or sooner termination of any other property of the Term, surrender Landlord or of others and/or
(2) any leak or break in any part of the Premises to or in any part of any other property of the Landlord or of others or in as good the pipes of a condition as when receivedthe plumbing or heating works thereof, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. no matter how caused.
E. Landlord shall have no obligation liability to alterTenant by reason of any inconvenience, remodelannoyance, improveinterruption, repair, decorate or paint injury to business arising from the Premises or any part thereof except as provided in Section 19.1 making of this Lease.
19.3 Landlord shall not be liable for any failure to make any repairs or changes that Landlord is required or permitted by this Lease to perform make, or by any maintenance that is an obligation of Landlord unless such failure shall persist for an unreasonable time (but not other tenant's lease or required by law to exceed 30 days) after Tenant provides Landlord with written notice make in or to any portion of the need of Premises, Improvements or common areas, but Landlord agrees to act in a commercially reasonable manner when making such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expensechanges.
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 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 excavation shall be made upon land adjacent to or under the 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 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 Premises.
Appears in 1 contract
Sources: Lease Agreement (Earthshell Corp)
Repairs and Maintenance. 19.1 Landlord shall repair and maintain a. Tenant shall, throughout the structural and exterior portions and Common Areas of the Building and the Project, including, without limitation, roofing and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevatorsTerm, and electrical systems (including, but not limited to, the emergency generator and any other UPS systems serving the Building) 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 the exclusions 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, 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 at Tenant’s sole cost and expense subject to Sections 11(b) below and 10(c) above, keep and maintain the Premises in a neat and keep orderly condition; and, upon expiration of the Term or earlier termination of this Lease, Tenant shall leave the Premises in a neat, orderly, and broom clean condition, reasonable wear and tear, damage by fire or other casualty alone excepted. Subject to Section 10(c) above, Tenant shall be responsible for repair of damage to the Premises caused by Tenant, its agents and contractors and their respective employees. Tenant shall not permit any waste to the Premises. Tenant shall not use any portion of the Common Facilities for other than their intended use as reasonably specified by Landlord from time to time.
b. Landlord shall, throughout the Term, make all necessary repairs to the structural elements and Building operating systems and exterior windows and doors of the Premises and every part thereof in good condition and repairother improvements located on the Property (other than, but subject to Section 10(c), repair of damage thereto from ordinary wear and tear excepted. Tenant shall, upon the expiration or sooner termination of the Term, surrender to the Premises to Landlord in as good of a condition as when receivedcaused by Tenant, ordinary wear its agents and tear contractors and damage due to casualty covered by Landlord’s insurance excepted. their respective employees); provided, however, that Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 of this Lease.
19.3 Landlord shall not be liable for any failure responsibility to make any repairs or to perform any maintenance that is an obligation of unless and until Landlord unless such failure shall persist for an unreasonable time (but not to exceed 30 days) after Tenant provides Landlord with receives written notice of the need for such repair and provided further that Landlord shall not be obligated to repair any tenant improvements or Building systems which are not included as part of Premises Work (as set forth in the Work Letter). Landlord shall make any applicable repairs promptly upon receiving Tenant’s written notice of the need for such repairs or maintenancerepair. Tenant waives its rights under Applicable Laws now or hereafter All costs and expenses incurred by Landlord in effect to make repairs at connection with Landlord’s expenseobligations under this Section 11(b) shall be included in Operating Expenses unless such expense is expressly excluded from the definition of Operating Expenses.
19.4 Repairs c. Landlord shall keep and maintain or cause the Association to 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, snow and ice, and shall keep and maintain all landscaped areas within the Property in a neat and orderly condition. All costs and expenses incurred by Landlord in connection with Landlord’s obligations under this Article 19 that are obligations Section 11(c) shall be included in Operating Expenses unless such expense is expressly excluded from the definition of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses, 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 excavation shall be made upon land adjacent to or under the 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 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 Premises.
Appears in 1 contract
Repairs and Maintenance. 19.1 9.1. Landlord shall repair shall, throughout the Term, and maintain at its expense, make all necessary repairs to the structural exterior walls or foundations and exterior portions footings and Common Areas to the roof of the Building Building, after being notified in writing by Tenant of the need for such repairs (and shall respond as promptly as reasonably possible in the Projectcase of emergencies); provided, includinghowever, 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, that in the emergency generator and any other UPS systems serving event the Building) installed or furnished by Landlord. Any costs related to the repair or maintenance activities specified in this Section 19.1 shall be included repairs required are necessitated as a part result of Operating Expenses (subject to the exclusions set forth in Article 10), unless such repairs negligence or maintenance is required in whole or in part because of any act, neglect, fault or omissions of misuse by Tenant, its agents, servants, employees employees, licensees or inviteesguests, in which case Tenant or by any contractor engaged by or on behalf of Tenant, such maintenance and repairs shall pay to Landlord be at 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 at Tenant’s sole cost and expense maintain of Tenant, and keep the Premises and every part thereof Tenant shall reimburse Landlord within ten (10) days after written demand therefore for any expenses incurred by Landlord in good condition and repair, damage thereto from ordinary wear and tear exceptedconnection therewith.
9.2. Tenant shall, throughout the Term and at its expense,
9.2.1. take good care of the Building, the rest of the Improvements, the Building Equipment and the rest of the Promises and keep them in good order and condition (including but not limited to mowing lawn upon the expiration Premises and trimming and otherwise caring for any trees, shrubbery or sooner termination other landscaping thereon, on a regular basis, and keeping the Premises in a clean and orderly condition, free of accumulation of dirt and rubbish), clearing of all ice and snow from the Premises and maintenance and repair of all driveways, walkways, curbs, gutters, lighting systems and security systems and fencing; and
9.2.2. promptly make all repairs to the Building, the rest of the TermImprovements, surrender the Building Equipment and the rest of the Premises needed to Landlord maintain them in as good of a first-class condition as when received(including but not limited to any and all such repairs to the plumbing, ordinary wear heating, ventilating, air-conditioning, electrical and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint other systems on the Premises or for the furnishing of any part thereof except as provided in Section 19.1 of this LeaseUtility Service to the Premises).
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, 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 facilities9.3. In the event that Landlord shall fail to maintain or repair the Premises as required hereunder and shall not cure the same within ten (10) days after written notice from Tenant of fireLandlord's failure to do so, earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage or destruction, Article 25 shall apply such longer period as may be necessary in lieu of this Article 19.
19.6 If any excavation shall the event that the same cannot reasonably be made upon land adjacent accomplished within said ten (10) day period provided Landlord commences to or take such action and thereafter diligently completes the same within such period as is reasonable under the Building, or shall be authorized to be madecircumstances, Tenant shall afford have the right to undertake and complete said work and may maintain a separate action against the person causing or authorized Landlord to cause such excavation, license to enter recover from Landlord the Premises for reasonable costs thereof incurred by Tenant should the purpose of performing such work as said person shall deem necessary or desirable to preserve and protect obligation have been Landlord's in 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 Premisesfirst instance.
Appears in 1 contract
Sources: Lease (Denali Inc)
Repairs and Maintenance. 19.1 Landlord shall 10.1 Tenant’s Care of the Premises and Building. During the Term Tenant shall:
10.1.1 keep the Premises and the fixtures, appurtenances and improvements therein in good order and condition;
10.1.2 make repairs and replacements to the Premises required because of Tenant’s misuse or primary negligence, except to the extent that the repairs or replacements are covered by Landlord’s insurance as required hereunder;
10.1.3 repair and maintain replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the structural Premises only, except to the extent the repairs or replacements are needed because of Landlord’s misuse or primary negligence, and exterior portions are not covered by Tenant’s insurance as required hereunder;
10.1.4 pay for all damage to the Building, its fixtures and Common Areas appurtenances, as well as all damages sustained by Tenant or the Building due to any waste, misuse or neglect of the 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 (including, but not limited to, the emergency generator and any other UPS systems serving the Building) installed or furnished Premises 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 the exclusions 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, its agents, servants, employees or invitees, in which case Tenant shall pay licensees,except to Landlord the cost extent that the repair 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 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. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty is covered by Landlord’s insurance exceptedas required hereunder; and
10.1.5 In the event that Tenant should require supplemental HVAC for the Premises, any maintenance repair and/or replacement required for such supplemental service shall be performed by Tenant. In addition Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which may be allowed under Applicable Laws. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, shall have no obligation the right to alterincrease the load of the floor in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribe, remodel, improve, repair, decorate or paint the Premises or any part 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 order not to exceed 30 days) after Tenant provides Landlord with written notice the maximum load, the weight and position of all heavy equipment brought onto the need of Premises and prescribe any reinforcing required under the circumstances, all such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect reinforcing to make repairs be at LandlordTenant’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 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 excavation shall be made upon land adjacent to or under the 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 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 Premises.
Appears in 1 contract
Repairs and Maintenance. 19.1 13.1 Tenant agrees at all times, from and after Tenant taking possession of the Premises pursuant to the provisions of Paragraph 2.1, and at Tenant's own cost and expense, to repair, replace and maintain in good and tenantable condition the Premises and every part thereof (except that portion of the Premises to be maintained by Landlord as hereinafter provided), and including without limitation all such items of repair, maintenance, alteration and improvement or reconstruction as may at any time or from time to time be required by a governmental agency having jurisdiction thereof. All glass, both exterior and interior, is the sole risk of Tenant, and any glass broken shall be promptly replaced by Tenant with glass of the same kind, size and quality. Subject to the foregoing provisions hereof, Landlord shall repair keep and maintain in good and tenantable condition and repair, the structural and exterior portions and Common Areas of the Building and the Project, including, without limitation, roofing and covering materials, foundationsroof, exterior walls, plumbingstructural parts of the Premises and structural floor, fire sprinkler systems pipes and conduits outside the Premises for the furnishing to the Premises of various utilities (except to the extent that the same are the obligation of the appropriate public utility company); provided, however, that Landlord shall not be required to make repairs necessitated by reason of the negligence of Tenant or anyone claiming under the Tenant, or by reason of the failure of the Tenant to perform or observe any covenants, conditions or agreements in this Lease contained, or caused by any alterations, additions or improvements made by Tenant or anyone claiming under Tenant. Anything to the contrary contained in this Lease notwithstanding, Landlord shall not in any way be liable to Tenant for failure to make repairs as herein specifically required of Landlord unless Tenant has previously notified Landlord, in writing, of the need for such repairs and Landlord has failed to commence and complete said repairs within a reasonable period of time following receipt of Tenant's written notification. It is understood and agreed that Landlord shall be under no obligation to make any repairs, alterations, renewals, replacements or improvements to and upon the Premises or the mechanical equipment exclusively serving the Premises at any time except as in this Lease expressly provided. As used in this Section 13 the expression "exterior walls" shall not be deemed to include plate glass, window cases or window frames, doors or door frames, security grilles or similar enclosures.
13.2 Upon any surrender of the Premises, Tenant shall redeliver the Premises to Landlord in good order, condition and state of repair, ordinary wear and tear and casualty damage excepted.
13.3 Tenant further covenants and agrees that Landlord may enter upon the Premises at all reasonable times after giving reasonable notice to Tenant, and make any necessary repairs to the Premises and perform any work therein (i) which may be necessary to comply with any laws, ordinances, rules or regulations of any public authority or of the Insurance Service Office or of any similar body if Tenant fails to perform such work or (ii) that Landlord may deem necessary to prevent waste or deterioration in connection with the Premises if Tenant does not make or cause such repairs to be made or performed promptly after receipt of written demand from Landlord or (iii) that Landlord may deem necessary to perform construction work incidental to any portion of the Building adjacent to, above, or below the Premises. Nothing herein contained shall imply any duty on the part of Landlord to do any such work which under any provision of this Lease Tenant may be required to do, nor shall it constitute a waiver of Tenant's default in failing to do the same. All entries by Landlord upon the Premises shall be in a reasonable manner, so as not to unreasonably interfere with or inconvenience Tenant in the conduct of its business. No exercise by Landlord of any rights herein reserved shall entitle Tenant to any damage for any injury or inconvenience occasioned thereby unless caused by the landlord's intentional or negligent act or omission nor to any abatement of rent. Tenant shall pay the cost of any work Landlord performs which is Tenant's responsibility, together with interest thereon at the maximum rate permitted by law, to Landlord as additional rent within five (5) days after receipt of a ▇▇▇▇ therefor.
13.4 Landlord or its agents shall not be liable for any damage to property entrusted to employees of the Building (if any), heatingnor for loss or damage to any property by theft or otherwise, ventilatingnor for any injury to or damage to persons or property resulting from fire, air conditioningexplosion, elevatorsfalling plaster, and electrical systems (includingsteam, but not limited togas, electricity, water or rain which may leak from any part of the emergency generator and Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other UPS systems serving the Building) installed place resulting from dampness or furnished any other cause whatsoever, unless caused by Landlord. Any costs related or due to the repair or maintenance activities specified in this Section 19.1 shall be included as a part negligence of Operating Expenses (subject to the exclusions 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 TenantLandlord, 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 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. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance exceptedemployees. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 of this Lease.
19.3 Landlord and Landlord's agents shall not be liable for any failure interference with the light or other incorporeal hereditaments or for loss of business by Tenant. Tenant shall give prompt notice to make any repairs Landlord in case of fire or to perform any maintenance that is an obligation accidents in the Premises or in the Building or of Landlord unless such failure shall persist for an unreasonable time (but not to exceed 30 days) after Tenant provides Landlord with written notice defects therein or in the fixtures or equipment. Tenant, as a material part 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 consideration for this Article 19 that are obligations of Landlord are subject to allocation among Tenant and other tenants as Operating ExpensesLease, 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 excavation shall be made upon land adjacent to or under the 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 said person shall deem necessary or desirable to preserve and protect the Building from injury hereby assumes all risk or damage and to support the same as long as such actions do not interfere with Tenant’s Permitted Use and occupancy of property or injury to persons in, upon or about the Premises, from any cause other than Landlord's negligence, and Tenant hereby waives all claims in respect thereof against Landlord.
Appears in 1 contract
Repairs and Maintenance. 19.1 15.01. Notwithstanding anything contained herein to the contrary, Landlord shall repair and maintain the structural and exterior portions and Common Areas be responsible for maintenance of the Building common areas of the Lincoln Harbor Project, all which shall be maintained in accordance with standards reasonably satisfactory to Landlord and Tenant and in any event in accordance with the standards of a first-class office project in the northern New Jersey metropolitan area and with the provisions of the Reciprocal Construction Operation and Easement Agreement, to be entered into substantially in accordance with the draft dated March 5, 1986, between Landlord and the Project, including, without limitation, roofing Township of Weehawken. Landlord hereby covenants and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevators, and electrical systems (including, but not limited toagrees to use its best efforts to enforce in accordance with their terms, the emergency generator provisions of all other agreements affecting the Lincoln Harbor Project. To the extent that Landlord shall fail to maintain such common areas, upon thirty (30) days' prior written notice to Landlord (or such shorter notice as may be reasonable in the event of an emergency) Tenant shall have the right to perform any such maintenance work on behalf of the Landlord and Landlord, promptly after receipt of demand therefor from Tenant, shall reimburse Tenant for any other UPS systems serving expenses incurred by Tenant on behalf of Landlord for such maintenance, together with interest thereon at the Building) installed or furnished Late Payment Rate, calculated from the date of expenditure by Tenant through the date of repayment by Landlord.
15.02. Any costs related to the repair or maintenance activities specified Except as otherwise expressly provided in this Section 19.1 shall be included as a part of Operating Expenses (subject to the exclusions set forth in Article 10)Lease, unless such repairs or maintenance is required in whole or in part because of any act, neglect, fault or 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, and subject to the terms and conditions of Articles 25 and 26 below, 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. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation liability to alterTenant, remodelnor shall Tenant's covenants and obligations under this Lease be reduced or abated in any manner whatsoever, improveby reason of any inconvenience, repairannoyance, decorate interruption or paint the Premises injury to business arising from Landlord's doing any repairs, maintenance, or any part thereof except as provided in Section 19.1 of changes which Landlord is required or permitted by this Lease.
19.3 Landlord shall not be liable for any failure , or required by law, to make any repairs in 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 portion 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 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 excavation shall be made upon land adjacent to or under the 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 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 Demised Premises.
Appears in 1 contract
Repairs and Maintenance. 19.1 18.1. Subject to the limitations set forth in Section 16.10, Landlord shall repair and maintain the structural and exterior portions and Common Areas Area of the Building and the Project, including, without limitation, including roofing and covering materials; foundations (excluding any architectural slabs, foundationsbut including any structural slabs); exterior walls (excluding any glass windows or doors of the Premises, exterior walls, whether interior or exterior); plumbing, ; fire sprinkler systems (if any); base Building HVAC systems up to the first damper or isolation valve that serves the Premises (for purposes of clarity, heatingthe portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises, ventilating, air conditioning, elevators, and electrical systems (including, including but not limited toto any supplemental HVAC serving Tenant’s vivarium, shall not be part of the emergency generator base Building HVAC and any other UPS shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); elevators; and base Building electrical systems serving the Building) installed or furnished by Landlord. Any costs related to In addition, Landlord shall provide: (i) janitorial service for the repair or Common Area in the Building of a level that is consistent with other first-class office/laboratory buildings in the Watertown submarket; and (ii) snow and ice removal from the parking areas and Building entrances and walkways and maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses (subject to the exclusions 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, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenanceall landscaped areas.
19.2 18.2. Except for services of Landlord, if any, required by Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises (including but not limited to 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, including but not limited to any supplemental HVAC serving Tenant’s vivarium, and any other systems or equipment exclusively serving the Premises and including, but not limited to, any systems or facilities installed as part of the Tenant Improvements) 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 of a condition as when received, ordinary wear and tear excepted; and shall, unless otherwise notified by Landlord in writing at least sixty (60) days prior to the expiration of the Term and at Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage due to casualty covered by Landlord’s insurance exceptedthe Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 thereof, other than pursuant to the terms and provisions of this Leasethe Work Letter.
19.3 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an Landlord’s obligation of Landlord pursuant to this Lease 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, 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 excavation shall be made upon land adjacent to or under the 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 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 Premises.{A0622646.2 } 25
Appears in 1 contract
Repairs and Maintenance. 19.1 Landlord shall Lessee is responsible for all maintenance, repair, replacement, and refurbishment of the Premises, and other improvements thereon, whether owned by Lessor or Lessee, except for the centralized systems, which are Lessor’s responsibility unless damaged due to Lessee’s negligence, failure to perform its repair and maintenance responsibilities, improper performance of repair and maintenance responsibilities, or misuse of the Premises, and in that case Lessee will be assessed for the damage caused by Lessee. Lessor at its option may enter into a third-party maintenance contract for Lessor provided equipment, for which Lessee will reimburse Lessor its share of those costs. Lessor will also maintain the structural Common Areas, as more particularly described in Sections 4.7.1 and exterior portions and Common Areas of the 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 (including, but not limited to, the emergency generator and any 4.7.2 above. Lessor has no other UPS systems serving the Building) installed or furnished maintenance obligations to Lessee. If work performed by Landlord. Any costs related Lessor is required due to the repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses (subject to the exclusions set forth in Article 10), unless such repairs or maintenance is required in whole or in part because of any actnegligence, neglect, fault or omissions misconduct of TenantLessee, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord Lessee will promptly reimburse Lessor the cost of such the work, plus interest thereon at the Delinquency Rate from the date the expense was incurred by Lessor until reimbursed by Lessee. Other than routine and customary repairs and maintenance.
19.2 Except for services of Landlord, if any, required by Section 19.1, and subject Lessee acknowledges that Lessee does not have the right to make any alterations to the terms and conditions Premises without the prior written consent of Articles 25 and 26 belowLessor, Tenant shall at Tenant’s sole cost and expense maintain and which consent will not be unreasonably withheld. Lessee will keep the Premises and every part thereof in good condition repair and repairclean condition, damage thereto from ordinary wear free and tear exceptedclear of accumulation of rubbish, debris, scrap materials, and litter. Tenant shall, upon the expiration or sooner termination of the Term, surrender Lessee will ensure that no Hazardous Substance release occurs on the Premises to Landlord at any time, as more particularly described in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance exceptedSection 11.1.6. Landlord shall have Lessee will commit no obligation to alter, remodel, improve, repair, decorate or paint waste on the Premises or in the Common Areas, and Lessee will not permit any part thereof except as provided employee, supplier, shipper, customer, contractor or invitee to commit waste on the Premises or in Section 19.1 the Common Areas. The Premises shall at all times be free of this Lease.
19.3 Landlord mold, mildew and pests. Lessee 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, 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 excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford attach anything to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose walls without prior written consent 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 PremisesLessor.
Appears in 1 contract
Sources: Industrial Lease (Jetblack Corp)
Repairs and Maintenance. 19.1 Landlord (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Section, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall repair keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all non-structural repairs necessary to keep and exterior portions maintain such good order and Common Areas 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 of Tenant's desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises 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 Section, 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 ProjectPremises.
(b) Landlord, includingthroughout the Term of this Lease and at Landlord's sole cost and expenses, without limitationshall 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 all base Building HVAC systems, roofing plumbing 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, the emergency generator and any other UPS electric systems serving the Building) installed or furnished by Building and the Premises. Tenant shall be solely responsible for all supplemental HVAC serving the Premises exclusively. Tenant's Share of Landlord. Any costs related 's cost for base Building HVAC, electric and plumbing service, maintenance and repairs, as limited under Section 5 with respect to the repair or maintenance activities specified in this Section 19.1 capital expenditures, shall be included as a part portion of Operating Recognized Expenses as provided in Section 5 hereof.
(subject d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the exclusions set forth in Article 10), unless such repairs or maintenance is required in whole or in part because Building outside of any act, neglect, fault or 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, and subject to the terms and conditions of Articles 25 and 26 below, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repairthe common areas, damage thereto from ordinary wear and tear excepted. Tenant shallincluding the roof, upon the expiration or sooner termination walls, exterior portions of the TermPremises and the Building, surrender utility lines, equipment and other utility facilities in the Premises Building, which serve more than one tenant of the Building, and to Landlord in as good of a condition as when receivedany driveways, ordinary wear sidewalks, curbs, loading, parking and tear landscaped areas, and damage due to casualty covered by Landlord’s insurance excepted. other exterior improvements for the Building; provided, however, that Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 of this Lease.
19.3 Landlord shall not be liable for any failure responsibility to make any repairs or to perform any maintenance that is an obligation of unless and until Landlord unless such failure shall persist for an unreasonable time (but not to exceed 30 days) after Tenant provides Landlord with receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repairs or maintenancerepair. Tenant waives shall pay its rights Tenant’s Share of the cost of all repairs, as limited under Applicable Laws now or hereafter Section 5 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in effect to make repairs at Landlord’s expenseSection 5 hereof.
19.4 Repairs under this Article 19 that are obligations of (e) Landlord are subject shall keep and maintain all common areas appurtenant to allocation among Tenant and other tenants as Operating Expenses, 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 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 Tenant’s Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Section 5 hereof. Landlord’s obligation 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, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any related facilities. In the event employee, agent, contractor, or invitee 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 excavation Tenant shall be made upon land adjacent at the sole cost and expense of Tenant, except to or under the Building, or extent of insurance proceeds received by Landlord.
(g) Landlord shall be authorized to be made, provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit "D" attached hereto and the 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 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 pay its Tenant’s Permitted Use and occupancy Share of the Premisescost thereof as Additional Rent as provided in Section 5 hereof (“Janitorial Expenses”).
Appears in 1 contract
Sources: Lease (Inovio Pharmaceuticals, Inc.)
Repairs and Maintenance. 19.1 Landlord shall repair and maintain A. During the structural and exterior portions and Common Areas of the Building and the ProjectTerm, 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, the emergency generator and any other UPS systems serving the Building) 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 the exclusions 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, 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 at Tenant’s sole cost and expense maintain expense, shall be responsible for all repairs and keep maintenance of the Premises and every part thereof shall keep and maintain all of the Premises, including buildings, aircraft ramp and apron areas, landscape, roadways, driveways, automobile parking areas, sidewalks, fencing, gates, lighting, under-ground detention/retention ponds, drainage and utility facilities and all other improvements located on, in or under the Premises, in a state of good condition and repair in accordance with the reasonable requirements of Landlord and all Applicable Laws, and shall make all necessary repairs, replacements and renewals, whether structural or nonstructural, foreseen or unforeseen and ordinary or extraordinary, in order to maintain such state of condition and repair; it being the intention of the parties that Landlord shall have no liability for any of the foregoing. The Premises shall be delivered to the Landlord at the end of the term in good condition and repair.
B. Tenant shall be responsible for keeping the Premises in a good, damage thereto from ordinary clean, safe and sanitary condition, reasonable wear and tear excepted. This shall include the provision of janitorial services, supplies, and trash removal. Tenant shall, upon the expiration or sooner termination shall not permit any waste of the TermPremises or permit any nuisance to exist on the Premises.
C. The Tenant shall comply with all statutes, surrender ordinances, and governmental regulations pertinent thereto, including but not limited to 29 C.F.R. § 1910.1200 (Hazard Communication and New York State Right to Know); 29 C.F.R. § 1910.22 (General Requirements for Walking and Working Services); 29 C.F.R. § 1910 Subpart L (Fire Protection); 29 C.F.R. § 1910 Subpart N (Materials Handling and Storage); 29 C.F.R. § 1910 Subpart 0 (Machinery and Machine Guarding); 29 C.F.R. § 1910 Subpart S (Electrical); and 29 C.F.R. § 1910 Subpart E (Means of Egress). Repairs and maintenance obligations of the Premises to Tenant expressly set forth in this Lease shall be performed promptly as needed.
D. It is agreed that Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have is under no obligation to alter, remodel, improve, repair, decorate or paint the Premises or furnish any part thereof utilities except as presently exist at or near the Premises. Tenant may install, only upon the Landlord's prior written approval, additional meters for any or all the utilities provided in Section 19.1 to it. Tenant shall bear the full cost of this Lease.
19.3 any utility modifications or additional installations (including meter installations) that Tenant may require. Tenant shall submit detailed plans of any intended modifications or installations to Landlord. All such modifications or installations shall have the prior written approval of the Landlord before being undertaken, which approval shall not be liable for any failure to make any repairs unreasonably withheld, conditioned, 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 expensedelayed.
19.4 Repairs under this Article 19 that are obligations of E. Except in an emergency, the Landlord are subject to allocation among Tenant and other tenants as Operating Expenses, 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 will not permit or cause any related facilities. In the event of fire, earthquake, flood, vandalism, war, terrorism, natural disaster blockage into or similar cause of damage or destruction, Article 25 shall apply in lieu of this Article 19.
19.6 If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for 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 out of the Premises.
Appears in 1 contract
Repairs and Maintenance. 19.1 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Areas Area of the Building and the Project, including, without limitation, including roofing and covering materials; foundations (excluding any architectural slabs, foundations, but including any structural slabs); exterior walls, ; plumbing, ; fire sprinkler systems (if any); base Building HVAC systems up to the first damper or isolation valve that serves the Premises (for purposes of clarity, heating, ventilating, air conditioning, elevatorsthe 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; the Generator (excluding the automatic transfer switch); and base Building electrical systems (including, but not limited to, the emergency generator and any other UPS systems serving the Building) installed or furnished by Landlord. Any costs related , in a first class manner comparable to other buildings in Boston owned by Landlord that are similar to the repair or maintenance activities specified in this Section 19.1 shall be included Building and operated and used for the same use as a part of Operating Expenses (subject to the exclusions 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, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenancePermitted Use.
19.2 18.2. Except for services of Landlord, if any, required by Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises (including but not limited to 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 and shall, within ten (10) days after receipt of written notice from ordinary wear and tear exceptedLandlord, 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 of a condition as when received, ordinary wear and tear excepted; and damage due to casualty covered by shall, at Landlord’s insurance exceptedrequest and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises (with respect to wiring, only to the extent installed by a Tenant Party (as defined below)), and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 thereof.
18.3. Throughout the Term of the Lease, Tenant shall, at Tenant’s sole cost and expense, maintain copies for the prior three (3) years, of all applicable service contracts, service, repair and maintenance records, and inspection reports on all equipment installed by or maintained by Tenant. Tenant shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records, service or inspection reports that Landlord reasonably requests. Upon surrender of the Premises upon the expiration or earlier termination of this Lease, Tenant shall provide Landlord with all original equipment manufacturer (OEM) manuals for any equipment installed and not removed by Tenant. Landlord shall also have the right to perform an audit of the equipment serving the Premises in the form of a facilities condition assessment or similar report at Tenant’s reasonable costs not to exceed one (1) time per year. To the extent such audit recommends corrective action, Tenant shall promptly perform such corrective action as part of its repair and maintenance obligations.
19.3 18.4. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an Landlord’s obligation of Landlord pursuant to this Lease 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, 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 facilities18.5. 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 excavation shall be made upon land adjacent to or under the 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 said such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same as long as by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease; provided such actions do not interfere party makes all reasonable efforts to avoid any interference or disruption with Tenant’s business in the Premises for the Permitted Use and occupancy of the PremisesUse.
Appears in 1 contract
Repairs and Maintenance. 19.1 (a) By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good and sanitary order, condition and repair, excepting the Punch List Items and latent defects in the construction done by Landlord, its agents, employees, contractors, and subcontractors. Except as provided in Section 11(c) (pursuant to which Landlord shall repair is to undertake various repairs and maintenance), Tenant shall, at Tenant’s sole cost and expense, maintain the structural Premises, in clean and exterior portions good condition and Common Areas repair, ordinary wear and tear and casualty excepted. Without limiting the generality of the Building foregoing, Tenant shall be solely responsible for maintaining and the Projectrepairing all fixtures, including, without limitation, roofing and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems non-building standard electrical lighting (if anyidentified as being non-building standard at the time that Landlord approves the Plans under the Lease Improvement Agreement), heatingceilings and floor coverings, ventilating, air conditioning, elevatorsdoors, and electrical systems (including, but not limited to, interior walls within the emergency generator and any other UPS systems serving Premises to the extent the foregoing are nonstructural elements of the Building) installed , using the same quality of materials as used in the original construction. In addition, Tenant shall be responsible for all repairs made necessary by Tenant or furnished by LandlordTenant’s invitees. Any costs related Landlord acknowledges that Tenant shall have no obligation to the repair or maintenance activities specified in this Section 19.1 shall be included as a part maintain any areas outside of Operating Expenses (subject to the exclusions set forth in Article 10)Premises, unless such repairs repair or maintenance is required in whole or in part because of any act, neglect, fault or omissions due to acts of Tenant, its agents, servantsemployees, employees or invitees, in which case Tenant shall pay to Landlord contractors and subcontractors and the cost of such thereof is not covered by insurance carried by Landlord or required to be carried by Landlord under this Lease. Excepting maintenance, repairs and maintenance.
19.2 Except for services or replacements required due to the negligence or willful misconduct of Landlord, if anyits agents, required by Section 19.1employees, contractors and subject to the terms and conditions of Articles 25 and 26 belowsubcontractors, Tenant acknowledges that Landlord shall at Tenant’s sole cost and expense maintain and keep have no obligation to maintain, repair or replace any telecommunications or computer cabling or wiring which is located in the Premises and every part thereof or which exclusively serves the Premises (collectively, “Cabling”), except in good condition and repair, damage thereto from ordinary wear and tear exceptedthe event that such would be required due to Landlord’s negligent acts or omissions. Tenant shall have the right to install in the Premises such Cabling as it may require. Tenant shall, upon at Tenant’s expense, contract with SBC or another reputable contractor to maintain the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance exceptedCabling. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided specifically set forth in Section 19.1 of this Lease.
19.3 Landlord . Under no circumstances shall not be liable for any failure to Tenant make any repairs to the Building or to perform any maintenance that is an obligation the mechanical, electrical or heating, ventilating or air conditioning systems of Landlord the Premises or the Building, unless such failure shall persist for an unreasonable time (but not to exceed 30 days) after repairs are previously approved in writing by Landlord. Tenant provides Landlord with written notice waives the provisions of Sections 1931(1), 1941 and 1942 of the need California Civil Code, and any similar or successor law regarding Tenant’s right to make repairs and deduct expenses of such repairs from the Rent due under this Lease, subject, however, to the terms of Section 11(d) below. In no event shall Tenant be responsible for repairs or replacements necessitated by ordinary wear and tear, damage by third party casualty or damage caused by Landlord or others for which Tenant is not responsible, nor shall Tenant be responsible for the correction or repair of any latent defect in the Premises, or any condition, dilapidation or defect of which Landlord has actual knowledge prior to the Commencement Date.
(b) Landlord shall operate the Building (and provide maintenance. Tenant waives its rights under Applicable Laws now , repairs and replacements pursuant to Section 11(c) below) to a standard or hereafter quality consistent with that of other first-class buildings in effect the immediate geographical area and shall (i) provide janitorial service to make repairs the Premises on a five (5)-day-a-week basis (excepting holidays described in the Basic Lease Information), consistent with the janitorial specification attached hereto as Exhibit E, (ii) provide nonexclusive, non-attended automatic passenger elevator service at all times, (iii) replace Building standard lamps, starters and ballasts (all nonstandard lighting within the Premises shall be the responsibility of Tenant), and (iv) provide monitoring for the fire sprinklers, exit lighting and parking lot lighting, in or outside the Building.
(c) Landlord shall be responsible for maintaining and repairing all structural portions and latent defects of the Building, at Landlord’s expense.
19.4 Repairs under this Article 19 that are obligations sole expense (and not as part of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses), except and shall maintain the roof, side walls, and foundations of the Building in good, clean and safe condition and repair. Landlord shall be entitled to approve, in its sole discretion, the sealing of any roof penetrations caused by Tenant Improvements. Landlord shall also maintain all landscaping, driveways, parking lots, fences, signs, sidewalks and the Common Areas. Landlord shall be responsible for maintenance and repair of all washrooms, mechanical, electrical and common area telephone closets, windows, plate glass, exterior doors, plumbing, heating, electrical, air conditioning and ventilation and life safety systems, and elevators. Except as otherwise provided in this Article 19 and Lease, Landlord shall have no liability to Tenant, nor shall Tenant’s obligations under this Lease be reduced or abated in Article 10.
19.5 This Article 19 relates any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord making any repairs and maintenance arising or changes which Landlord is required or permitted by this Lease or required by law to make in the ordinary course of operation 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 as required in Section 11(a), 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 Project right to do such acts and any related facilitiesexpend such funds at the expense of Tenant as are reasonably required to perform such work. 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 excavation Any amount so expended by Landlord shall be made upon land adjacent paid by Tenant promptly after demand with interest at the Prime Rate plus two percent (2%) per annum, from the date of such work, but not to or under exceed the Buildingmaximum amount then allowed by law. Landlord shall have no liability to Tenant for any damage, inconvenience, or shall be authorized to be made, Tenant shall afford to interference with the person causing or authorized to cause such excavation, license to enter use of the Premises for by Tenant as the result of performing any such work. For the purpose of performing this Lease, the “Prime Rate” shall mean the rate, or base rate, reported in the Money Rates column or section of The Wall Street Journal as being the base rate on corporate loans at large U.S. money center commercial banks (whether or not such work as said person shall deem necessary or desirable to preserve and protect rate has actually been charged by any such bank) on the Building from injury or damage and to support first date on which The Wall Street Journal is published in the same as long as such actions do not interfere with Tenant’s Permitted Use and occupancy of month preceding the Premisesmonth in which the subject costs are incurred.
Appears in 1 contract
Sources: Lease Agreement (Health Net Inc)
Repairs and Maintenance. 19.1 Landlord shall repair and maintain the structural and exterior portions and Common Areas of the 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 (including, but not limited to, the emergency generator and any other UPS systems serving the Building) 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 the exclusions 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, 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 at all times during the term of this sublease and at Tenant’s 's sole cost and expense expense, maintain and keep repair the Premises and every part thereof (except only the parts for which expressly made the responsibility of the Landlord under the Prime Lease) and all equipment, fixtures and improvements therein (including walls, floors, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing fixtures and equipment, electrical components and mechanical systems) and keep all of the foregoing clean and in good condition order and repairoperating condition, damage thereto from ordinary wear and tear excepted. Tenant shall not damage the Promises or disturb the integrity and support provided by any wall. Tenant shall, upon at Tenant's expense, promptly repair any damage to the expiration Premises caused by Tenant or sooner termination any agent, officer, employee, contractor, licenses or invitee of Tenant. Tenant shall take good care of the TermPremises and keep the Premises free from dirt, rubbish [ILLEGIBLE] at all times. Tenant shall not overload the floors in the Premises or exceed the load-bearing capacity of the floors in the Premises. Tenant shall, at Tenant's expense, enter into a regularly scheduled preventive maintenance and service contract with a maintenance contractor approved in writing by Landlord for servicing all hot water, heating and air conditioning systems and equipment in the Premises. The maintenance and service contract shall include all services suggested by the equipment manufacturer and shall become effective (and Tenant shall deliver a copy to Landlord) within thirty (30) days after the Commencement Date. Subleasee shall, at the end of the term of this sublease, surrender the Premises to Landlord the Promises and all alterations, additions, fixtures and improvements therein, or thereto in as good of a the same condition as when received, ordinary wear and tear excepted. Notwithstanding anything to the contrary contained in this section, Tenant's obligation under this section shall not include making (i) any repair and damage due to casualty covered improvement necessitated by the negligence or willful misconduct of Landlord, its agents, employees, servants or contractors, or (ii) any repair and improvement caused by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 of this Lease.
19.3 Landlord shall not be liable for any 's 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, 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 excavation shall be made upon land adjacent to or under the BuildingPrime Lease or this sublease, or shall be authorized to be made, Tenant shall afford to as the person causing or authorized to cause such excavation, license to enter the Premises for 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 Premisescase may be.
Appears in 1 contract
Sources: Sublease (Build a Bear Workshop Inc)
Repairs and Maintenance. 19.1 Landlord (a) TENANT must take good care of the Premises and keep sidewalks, passageways and curbs in front of and/or next to the Premises in a clean and orderly manner, free from snow, ice, dirt, garbage and other obstructions. TENANT is responsible for all damage due to lack of care. TENANT is responsible for all nonstructural repairs including nonstructural repairs caused by normal wear and tear. If TENANT fails to make such repairs, LANDLORD may do so and charge TENANT the cost of such repairs as Additional Rent. TENANT shall repair and maintain not excavate nor perform any foundation work in the structural Premises.
(b) If the Premises is improved property, TENANT must also make all nonstructual interior and exterior portions repairs at its own expense. If TENANT fails to make such repairs, LANDLORD may do so. Any amount due LANDLORD from TENANT pursuant to this Paragraph shall be paid by TENANT as Additional Rent within fifteen (15) days after receipt of an itemized bill therefor.
(c) TENANT is responsible for maintaining all mechanical equipment examples of which include but are not limited to HVAC systems and Common Areas boilers in good working order and must ensure that all mechanical equipment is accessible and kept free and clear of all materials, debris and or obstructions.
(d) TENANT shall undertake all normal periodic maintenance of the Building Premises as needed.
(e) All repairs, restorations and replacements by TENANT shall be done in a good and workmanlike manner. If TENANT shall fail to commence the Projectmaking of such repairs, restorations or replacements within ten (10) business days after written request from LANDLORD, or if after commencing them, shall fail to make and complete them with reasonable diligence, they may, at LANDLORD’S option, be made by LANDLORD at the expense of TENANT. Any amount due LANDLORD from TENANT pursuant to this Paragraph shall be paid by TENANT as Additional Rent within fifteen (15) days after receipt of an itemized bill therefor.
(f) Failure of TENANT to make repairs pursuant to this Article shall, at LANDLORD’S option, be deemed an event of default.
(g) Except as expressly provided otherwise in this Lease, there shall be no rent allowance to TENANT and no liability on the part of LANDLORD by reason of inconvenience, annoyance or injury to business arising from the TENANT performing its maintenance and repair obligations or LANDLORD performing same by reason of TENANTs failure to perform as set forth herein. TENANT may not claim eviction in whole or in part.
(h) It is acknowledged that LANDLORD has no obligation to make structural repairs of any kind or nature to the Premises. In the event conditions arise on the Premises which constitute health and safety conditions such conditions must be addressed by TENANT promptly. TENANT shall immediately take all necessary steps to minimize risks to persons and property. If TENANT is unable or unwilling to promptly restore the Premises to a safe condition LANDLORD reserves the right to terminate this lease in accordance with Paragraph 41 (“Termination”) hereinafter.
(i) TENANT shall leave the Premises broom clean at the end of the Term. If TENANT leaves any of its property, 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, the emergency generator and any other UPS systems serving the Building) 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 the exclusions 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, its agents, servants, employees or inviteestrade fixtures, in which case Tenant shall pay to Landlord or upon the Premises at the end of the Term, LANDLORD may dispose of it and charge TENANT for 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 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. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part 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, 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 excavation shall be made upon land adjacent to or under the Buildingdisposal, 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 keep it 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 Premisesabandoned property.
Appears in 1 contract
Sources: Month to Month Lease
Repairs and Maintenance. 19.1 Landlord (a) Tenant shall repair at its own cost and expense keep and maintain all parts of the Premises in good condition (reasonable wear and tear and casualty damage excepted), promptly making all necessary repairs and replacements, interior and exterior, structural and exterior portions non-structural, ordinary and Common Areas of the Building extraordinary, including but not limited to, windows, glass and the Projectplate glass, includingdoors, without limitationand special office entries, roofing interior walls and covering materialsfinish work, foundationsfloors and floor coverings, exterior wallsdownspouts, plumbing, fire sprinkler systems (if any)gutters, heating, ventilatingair conditioning and ventilation systems, air conditioningdock boards, elevatorstruck 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 grass, trimming, weed removal, landscape replacement, general landscape maintenance, keeping the parking areas, driveways, alleys and the whole of the premises in a clean and sanitary condition. 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 damage caused by fire, tornado or other casualty covered by the insurance to be maintained by Landlord pursuant to the provisions of this Lease, except that Tenant shall be obligated to repair all wind damage to glass except with respect to tornado or hurricane damage.
(b) In the 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 exterior lighting fixtures, and electrical the maintenance of the irrigation systems (includingand common sewerage line plumbing which are otherwise Tenant’s obligations under paragraph 8(b)(l) above and in such event, Tenant shall, in lieu of the obligations set forth under paragraph 8(b)(l) above with respect to such items, be liable to Landlord for the reasonable cost and expense of same, including but not limited to, the emergency generator 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 any other UPS systems serving alleys; exterior repainting, maintenance of the Building) installed or furnished by Landlord. Any costs related to exterior lighting fixtures and the repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses (subject to the exclusions 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, 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 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 exceptedirrigation systems. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate maintain or paint contribute to Landlord’s expense of replacing, repairing or maintaining the Premises or any part thereof except as provided in Section 19.1 roof, foundation of other structural portions of the Premises. In the event Landlord is permitted by the terms of this LeaseLease and elects to perform or cause to be performed such work, Tenant shall pay when due such costs and expenses.
19.3 (c) Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems and equipment within or serving the Premises. The maintenance contractor and the contract must be approved by Landlord shall (which approval will not be liable for any failure unreasonably withheld or delayed). The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective (and a copy thereof delivered to make any repairs or Landlord) within thirty (30) days of the date Tenant takes possession of the Premises.
(d) If Tenant should fail 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 its obligations hereunder 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 and in Article 10.
19.5 This Article 19 relates respect to repairs and maintenance arising within ten (10) days after receipt of written notice form Landlord, then Landlord may, if it so elects, in the ordinary course of operation of the Building addition to any other remedies provided herein, effect such repairs and the Project maintenance. Any sums expended by Landlord in effecting such repairs 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 excavation maintenance shall be made upon land adjacent to or under due and payable, on demand, together with interest thereon at the Building, or shall be authorized to be made, Tenant shall afford Maximum Rate from the date of each such expenditure by Landlord to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose date 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 repayment by Tenant’s Permitted Use and occupancy of the Premises.
Appears in 1 contract
Sources: Industrial Lease Agreement (Collegiate Pacific Inc)
Repairs and Maintenance. 19.1 Landlord A. Except as otherwise set forth in this Lease, Landlord, during the Term of this Lease, shall repair and maintain the in good condition, and if necessary, replace all structural and exterior portions and Common Areas of the Building and the ProjectPremises, including, without limitationbut not limited to, roofing and covering materials, foundations, the exterior walls, plumbingroof and foundations, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevatorspipes and conduits, and electrical systems utility installations, and all repairs and replacements necessary to put and maintain the exterior of the Premises and parking area (including, but not limited to, the emergency generator filling holes and any other UPS systems serving the Building) installed resealing as necessary, but subject to normal wear and tear), including all improvements now or furnished hereafter constructed thereon by Landlord. Any costs related to , and all appurtenances thereto (including sewer and sewer connections, water and gas pipes) in substantially the same condition, order and repair as existed on the Commencement Date (subsequent normal wear and tear and casualty loss excepted); provided, however, that if any said repairs and/or maintenance are necessitated by the negligence or maintenance activities specified in this Section 19.1 willful misconduct of Tenant, its employees, agents, contractors, licensees or invitees, Tenant shall immediately reimburse Landlord upon Landlord’s delivery of an invoice for the reasonable and actual cost thereof, and no portion of such invoiced amounts shall be included in Fixed Rent. In addition, but except as otherwise provided in this Lease, Landlord shall repair and maintain the interior of the Premises, including, without limitation, windows, repairs and maintenance of those portions of the Premises that are of a part of Operating Expenses (subject structural nature or which are caused by structural failures or movement, repairs to the exclusions set forth in Article 10)interior of the Premises made necessary by leakage of the roof, unless such repairs or maintenance is required in whole or in part because by leakage of any actutility installation and also including, neglectwithout limitation, fault repairs and maintenance to ordinary utilities, line plumbing, light fixtures and bulb replacement and interior glass; provided, however, that if any repairs and/or maintenance are necessitated by the acts or omissions of Tenant, its employees, agents, servantscontractors, employees licensees or invitees, in which case Tenant shall pay to immediately reimburse Landlord upon Landlord’s delivery of an invoice for the cost thereof; and no portion of such invoiced amounts shall be included in Fixed Rent. Notwithstanding the foregoing, Landlord shall not, except as provided in Section 7 of this Lease, be required to repair, alter or make any improvements to the Premises and/or improvements forming a part of the Premises or any of the Facilities to cause the Premises, the Facilities and/or such improvements to comply with Legal Requirements, Environmental Laws, or Project-Wide Protocols nor shall Landlord be required to repair, alter or make any improvements to the Premises or the Project which a third party supplier of services to the Premises is obligated to make under any separate written agreement with Tenant.
B. Landlord, at Landlord’s expense, during the Term shall maintain in good condition and make all repairs and maintenancereplacements of the Project Infrastructure which serves other areas of the Project in addition to the Premises and will maintain jointly used Infrastructure in good condition and repair. As used herein, the term “Infrastructure” means electrical, mechanical, vertical transportation, sprinkler, fire and life safety, structural, security, heating, ventilation and air conditioning systems serving the Buildings and Project, including pipes, wiring, cabling, ducts and conduits forming an integral part of such systems. Tenant shall be responsible, at its sole cost and expense, to repair and maintain any supplemental air conditioning units, hot water heaters, plumbing and Infrastructure that exclusively serves only Tenant’s Facilities and the Premises and all of its tools, equipment and other property located in the Premises, including, but not limited to, its Facilities, equipment, tools and lifts. When Tenant believes that any of the HEPA filters in the Premises or servicing Tenant’s operations in the Premises (even if located outside the Premises) need to be replaced, Tenant shall so notify Landlord in writing and shall provide Landlord with all necessary information and specifications that Landlord or the third party or parties that actually perform the replacement will need to perform the work (the “Other Information”). Landlord shall prepare a specification for the replacement of the filter specified in the notice based on the HVAC Specifications and the Other Information which Tenant shall approve. Upon such approval, Landlord shall obtain a written bid from a third party contractor approved by Landlord to do work at the Project for the cost that such third party will charge for the proposed work. Landlord shall submit such bid to Tenant and if Tenant finds such bid acceptable, Tenant will prepare and issue its purchase order for the work to be done. If Tenant issues its purchase order, Landlord shall act as the construction manager for such work and shall submit the invoice issued by the contractor upon completion of the work described in such purchase order to Tenant who shall pay such sum as Additional Rent to Landlord. In no event shall Landlord be liable for the cost to perform the work to replace the HEPA filters or for any defective work performed by the third party contractor.
19.2 Except for services C. During the Term of this Lease, Landlord, at its expense, shall provide proper, periodic and normal maintenance, repair and inspection for such heating and air conditioning equipment as exists upon the Premises in order to provide for the HVAC Specifications, the intent of which is to maintain the HVAC system in good condition and repair. If the HVAC equipment requires repairs or replacement of parts, or both, of a major or substantial nature (i.e., in excess of proper, periodic and normal maintenance and inspection), these repairs or replacements, or both, shall be made by Landlord at its expense, unless Tenant’s misuse or abuse of same or any change in the HVAC Specifications necessitates the repair or replacement, or both. Examples of “parts of a major or substantial nature” are compressors, boilers and fan units.
D. Notwithstanding anything contained in this Section 12, if anyLandlord and Tenant have entered into a separate written agreement with respect to Landlord’s use of some of Tenant’s equipment located in the Premises as specified in that separate agreement, required by Section 19.1, and subject to the terms and conditions of Articles 25 that separate agreement shall control with respect to Landlord’s and 26 below, Tenant shall at Tenant’s sole cost rights 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, upon the expiration or sooner termination of the Term, surrender the Premises obligations with respect to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 of this Leasesuch equipment.
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, 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 excavation shall be made upon land adjacent to or under the 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 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 Premises.
Appears in 1 contract
Repairs and Maintenance. 19.1 Landlord CABOSA/SU and SPAR agree that all necessary grounds and structure maintenance of the Cargill Parks will be conducted on an as-needed basis year round. In order to create a clear understanding of the scope of this work, COBASA/SU and SPAR will jointly develop mutually agreeable standards of operation in written form for these facilities. During the Initial Term of this AGREEMENT, CABOSA/SU will pay the CITY’s soccer enrichment fund for the Soccer Facilities at Cargill Parks the sum of TWELVE THOUSAND AND NO/100 ($12,000.00) DOLLARS on the Effective Date of this AGREEMENT and the same amount each year on the anniversary date of this AGREEMENT. SPAR shall maintain the facilities with funds as may be approved by the voters of Shreveport and allocated to these facilities in the Cargill Parks' annual budget by the SPAR Director. Subject to SPAR's annual operating budget constraints, the following general maintenance guidelines are agreed to by the parties: (a) CABOSA/SU will at all times during the term of this AGREEMENT manage and maintain the premises in a neat, safe, and orderly condition; (b) with the exception of normal wear caused by use, in the event it is determined by SPAR that damage to facilities and/or equipment has occurred due to abuse or misuse by CABOSA/SU, or CABOSA/SU sponsored users, CABOSA/SU shall be responsible for the repair and/or returning the facility and/or equipment to its pre- damaged condition as determined by SPAR; (c) SPAR will provide proper grounds maintenance throughout the year, including turf grass management necessary for quality soccer fields, general grounds maintenance and playing field maintenance; (d) SPAR will repair and maintain the then existing buildings, parking lots, driveways and the irrigation systems within the Cargill Parks' boundaries at the time of execution of this AGREEMENT; including but not limited to (i) all exterior and structural and exterior portions and Common Areas of the Building and the Projectbuildings, including, without limitation, roofing and covering materials, foundations, including exterior walls, glass and roof; (ii) all parking areas, driveways, sidewalks, drainage systems and landscaped areas; (iii) all plumbing, fire sprinkler systems (if any), heating, ventilatingair conditioning and electrical systems; (iv) all floors, air conditioning, elevatorsceilings and interior walls and partitions; and (v) all doors and windows, and electrical systems (including, but not limited to, the vi) all emergency generator generators and any other UPS systems serving the Building) 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 the exclusions 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, 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 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. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part 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, 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 facilitieselevators. In the event of firethat CITY fails to repair the Cargill Parks as required herein within a reasonable time after written notice thereof from CABOSA/SU, earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage or destruction, Article 25 CABOSA/SU shall apply have the right in lieu of this Article 19.
19.6 If any excavation shall be made upon land adjacent order to or under preserve the BuildingCargill Parks and the exhibits and other furnishings placed therein, or any portion thereof, to make such repairs or have a licensed contractor make such repairs. In the event that there is a major repair needed of any emergency nature, and CITY is unable to make such repair in a timely manner, CABOSA/SU shall have the right in order to preserve the Cargill Parks and the exhibits or other furnishings placed therein, or any portion thereof, to make such repairs. When circumstances require that CITY’s immediate attention be authorized called to be made, Tenant shall afford any damage to the person causing Cargill Parks or authorized the exhibits placed therein, or any portion thereof, CABOSA/SU shall notify CITY of such by personal delivery of written notice or by other personal contact. CITY reserves the right to cause such excavation, license to enter timely review the Premises need for 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 Premises.stated repair and
Appears in 1 contract
Sources: Cooperative Endeavor Agreement
Repairs and Maintenance. 19.1 Landlord shall repair Tenant shall, at all times during the term of this Sublease and maintain the structural and exterior portions and Common Areas of the 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 (including, but not limited to, the emergency generator and any other UPS systems serving the Building) 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 the exclusions 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, 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 at Tenant’s 's sole cost and expense expense, maintain and keep repair the Premises and every part thereof (except only the parts for which expressly made the responsibility of the Landlord under the Prime Lease) and all equipment, fixtures and improvements therein (including walls, floors, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing fixtures and equipment, electrical components and mechanical systems) and keep all of the foregoing clean and in good condition order and repairoperating condition, damage thereto from ordinary wear and tear excepted, Tenant shall not damage the Premises or disturb the integrity and support provided by any wall. Tenant shall, upon at Tenant's expense, promptly repair any damage to the expiration Premises caused by Tenant or sooner termination any agent, officer, employee, contractor, licensee or invitee of Tenant. Tenant shall take good care of the TermPremises and keep the Premises free from dirt, rubbish, waste and debris at all times. Tenant shall not overload the floors in the Premises or exceed the load-bearing capacity of the floors in the Premises. Tenant shall, at Tenant's expense, enter into a regularly scheduled preventive maintenance and service contract with a maintenance contractor approved in writing by Landlord for servicing all hot water, heating and air conditioning systems and equipment in the Premises. The maintenance and service contract shall include all services suggested by the equipment manufacturer and shall become effective (and Tenant shall deliver a copy to Landlord) within thirty (30) days after the Commencement Date. Sublessee shall, at the end of the term of this Sublease, surrender to Landlord the Premises to Landlord and all alterations, additions, fixtures and improvements therein or thereto in as good of a the same condition as when received, ordinary wear and tear and damage due excepted. Notwithstanding anything to casualty covered the contrary contained in this section, Tenant's obligation under this section shall not include making (i) any repair or improvement necessitated by the negligence or willful misconduct of Landlord, its agents, employees, servants or contractors; or (ii) any repair or improvement caused by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 of this Lease.
19.3 Landlord shall not be liable for any 's 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, 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 excavation shall be made upon land adjacent to or under the BuildingPrime Lease or this Sublease, or shall be authorized to be made, Tenant shall afford to as the person causing or authorized to cause such excavation, license to enter the Premises for 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 Premisescase may be.
Appears in 1 contract
Sources: Sublease (Build a Bear Workshop Inc)
Repairs and Maintenance. 19.1 Landlord shall repair and maintain the structural and exterior portions and Common Areas of the 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 (including, but not limited to, the emergency generator and any other UPS systems serving the Building) 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 the exclusions 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, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance.
19.2 A. 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 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. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part 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, except as otherwise provided in this Article 19 herein, the CITY shall be responsible, at its sole expense and in Article 10accordance with any applicable local, state or federal law, regulation or code relating to structural integrity, for the proper and reasonable maintenance and repair of the building and grounds at all times during the term of this LEASE. Such proper and reasonable maintenance and repair of the building and grounds is limited to the roof, including periodic gutter cleaning as necessary; foundation; exterior and interior walls; flooring; plumbing; jointly- used electrical panels; and the HVAC (heating, ventilation and air conditioning) system.
19.5 This Article 19 relates B. Except as otherwise provided herein, LESSEE shall be responsible, at its sole expense and in accordance with any applicable local, state or federal law, regulation or code relating to repairs structural integrity, for the proper and reasonable maintenance arising in the ordinary course of operation and repair of the Building premises at all times during the term of this LEASE to prevent the premises from entering into a state of disrepair. Such proper and reasonable maintenance and repair of the premises includes:
(1) Maintenance of the flooring, but only in such a manner that is consistent with the use of techniques and products approved by the CITY Facilities Maintenance Manager in advance of the commencement of any work; paint; electrical wiring and fixtures; equipment that is used for fire protection or suppression; and the Project interior of the premises in general. Examples would be but are not limited to the following: water leaks, plugged toilets, burnt out bulbs, bad lighting ballasts, holes in walls, tears in carpet or damaged tile and the general upkeep of the interior.
(2) Repair of any related facilities. In damage that is directly or proximately caused by the event of fireLESSEE, earthquakeits employees, floodagents, vandalismvolunteers, war, terrorism, natural disaster contractors or similar cause of damage or destruction, Article 25 shall apply in lieu invitees.
C. Notwithstanding any other provision of this Article 19LEASE, LESSEE shall be responsible, at its sole expense and in accordance with any applicable local, state or federal law, regulation or code relating to structural integrity, for the proper and reasonable repair of any damage to the building and grounds that is directly or proximately caused by the LESSEE, its employees, agents, volunteers, contractors or invitees.
19.6 If any excavation D. For the purposes of this LEASE, the term “grounds” shall be made upon land adjacent deemed to or under include the Buildingparking lot, or shall be authorized to be made, Tenant shall afford landscaping and sidewalks appurtenant to the person causing or authorized to cause such excavation, license to enter the Premises for 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 Premisesbuilding.
Appears in 1 contract
Sources: Lease Agreement
Repairs and Maintenance. 19.1 (a) Except with respect to Landlord Repairs (as defined below) and Landlord Services specified in Section 7 of this Lease, Tenant, at Tenant’s expense, shall repair keep and maintain the Premises in good order and condition wear and tear, and Sections 14 and 15 excepted, including promptly making all repairs necessary to keep and maintain such in good order and condition. The term “wear and tear” as used in this Lease does not, and shall not be deemed to, include any damage or deterioration that could have been prevented through proper use, or by Tenant’s full and timely performance of all its obligations under this Lease. When used in this Lease, “repairs” shall include repairs and any reasonably necessary replacements. To the extent that Tenant requests in writing that Landlord make repairs that are Tenant’s obligation to make under this Lease, Landlord may elect to make such repairs on Tenant’s behalf, at Tenant’s expense, and Tenant shall pay to Landlord such expense along with a fee in the amount of five percent (5%) of such cost. If an Event of Default of a monetary nature has occurred under this Lease and remains uncured, Landlord may elect to require that Tenant prepay the amount of such repair. All repairs made by Landlord or Tenant shall utilize materials and equipment that are at least equal in quality, number, and usefulness to those originally used in constructing the Building and the Premises. If either Tenant or Landlord (at Tenant’s request) installs and/or operates HVAC equipment which is not part of the HVAC system required to provide the HVAC services specified in Section 7 of this Lease, including without limitation Supplemental Unit(s) (“Tenant’s Supplemental HVAC”) and/or any Alteration other than the Leasehold Improvements, Tenant, at Tenant’s expense, shall maintain Tenant’s Supplemental HVAC and/or such Alteration in a clean and safe manner and in proper operating condition throughout the Term and, with respect to Tenant’s Supplemental HVAC, under a service contract with a firm and upon such terms as may be reasonably satisfactory to Landlord, including inspection and maintenance on at least a semiannual basis, and provide Landlord with a copy thereof. Within 10 days after Tenant’s receipt of Landlord’s written request, Tenant shall provide Landlord with evidence that such contract is in place. All repairs, if any, required to the Building and/or the Project made necessary directly by reason of the installation, maintenance, and operation of Tenant’s Supplemental HVAC and Alterations other than the Leasehold Improvements shall be Tenant’s expense. In the event of an emergency, such as a burst waterline or act of God, Landlord shall have the right to make repairs for which Tenant is responsible hereunder (at Tenant’s cost) without giving Tenant prior notice, but in such case Landlord shall provide notice to Tenant as soon as practicable thereafter, and Landlord shall take commercially reasonable steps to minimize the costs incurred.
(b) Landlord, at Landlord’s expense (except to the extent such expenses are includable in Project Expenses), shall keep and maintain the following in good order and condition (consistent with the quality of labor and materials used in the other Class A Projects) and repair defects in, damage to, and make all necessary repairs to: (i) the footings and foundations and the structural and exterior portions and Common Areas elements of the Building and Parking Garage; (ii) the Projectroof of the Building; (iii) the systems, including, without limitationbut not limited to, roofing and covering materials, foundations, exterior wallsHVAC, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevators, electric, fire protection and electrical fire alert, storm water and other drainage, and access systems within or upon or about the Building and Parking Garage for service to the Building, Premises, and Common Areas, but specifically excluding Tenant’s Supplemental HVAC and Alterations other than the Leasehold Improvements; (iv) the Building and Parking Garage exterior including, but not limited to, the emergency generator exterior walls and windows; (v) the Common Areas including, but not limited to, the Parking Garage, driveways, sidewalks, and any other UPS improvements, and systems serving (such as irrigation) or landscaping on the BuildingLand; and (vi) installed or furnished by Landlordbathrooms in the Premises (collectively, “Landlord Repairs”). Any costs related provision of this Lease to the repair contrary notwithstanding, any repairs to the Project or maintenance activities specified in this Section 19.1 any portion thereof made necessary by the negligent or willful act or omission of Tenant or any employee, agent, subtenant, contractor or invitee of Tenant shall be included as a part of Operating Expenses (subject to the exclusions 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, 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 made 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. Tenant shall, upon the expiration unless such maintenance or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty repair is otherwise covered by Landlord’s insurance exceptedor would have been covered by Landlord’s insurance had Landlord obtained the insurance required in Section 12, subject to the waivers set forth in Section 12(c).
(c) The parties agree it is in their mutual best interest that the Building and Premises be operated and maintained in a manner that is environmentally responsible, fiscally prudent, and provides a safe and productive work environment. Accordingly, Tenant shall use commercially reasonable efforts to conduct its operations in the Building and within the Premises to: (1) minimize to the extent reasonably feasible: (i) direct and indirect energy consumption and greenhouse gas emissions; (ii) water consumption; (iii) the amount of material entering the waste stream; and (iv) negative impacts upon the indoor air quality of the Building; and (2) permit the Building to maintain its LEED rating and an Energy Star label, to the extent applicable. Landlord shall have no obligation use commercially reasonable efforts to alter, remodel, improve, repair, decorate or paint operate and maintain the Premises or any part 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, 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 Common Areas of the Building to: (1) minimize to the extent reasonably feasible: (i) direct and indirect energy consumption and greenhouse gas emissions; (ii) water consumption; (iii) the Project amount of material entering the waste stream; and any related facilities. In (iv) negative impacts upon the event indoor air quality of firethe Building; and (2) permit the Building to maintain its LEED rating and an Energy Star label, earthquaketo the extent applicable, flood, vandalism, war, terrorism, natural disaster or similar cause the costs of damage or destruction, Article 25 shall apply in lieu of this Article 19.
19.6 If any excavation which shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford included in Project Expenses (except to the person causing extent otherwise not permitted). Notwithstanding anything contained in this Lease to the contrary, in no event shall Tenant be required to take any action, make any effort, and/or incur any cost to seek or authorized to cause such excavation, license to enter achieve a LEED rating for the Premises (including the Initial Premises, the First Must-Take Premises, the Second Must-Take Premises, and additional space, if any, leased by Tenant) or maintain a LEED rating for the purpose of performing such work as said person shall deem necessary Premises if Landlord seeks 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 achieves a LEED rating for the Premises.
Appears in 1 contract
Repairs and Maintenance. 19.1 14.01 Throughout the Term, Tenant, at its sole cost and expense, assumes full responsibility for the condition, operation, repair, replacement, maintenance, and management of the Property. Tenant shall, at its sole cost and expense, be responsible for: keeping the Building and other improvements erected on the Land in good order and repair (reasonable wear and tear and damage by casualty and condemnation excepted) whether or not the need for such repairs occurs as a result of Tenant’s use, the elements, or the age of the Building, the Property or Tenant’s Property, or otherwise (but excluding the negligence or willful misconduct of Landlord shall or its agents, contractors, employees or representatives) and will commit or allow no waste with respect thereto and with reasonable promptness, make all necessary and appropriate repairs and replacements thereto of every kind and nature, including without limitation those necessary to ensure continuing compliance with all Laws and insurance requirements, whether interior and exterior, structural and nonstructural, ordinary and extraordinary, and foreseen and unforeseen. Tenant’s maintenance, repair and replacement obligations shall extend to and include, without limitation, the roof of the Building, all systems serving the Demised Premises and, subject to any Permitted Encumbrances, all parking areas and landscaping on the Property. The necessity for and adequacy of repairs to the Building or other improvements forming a part of the Demised Premises shall be comparable to those that would be customary and reasonable in comparable buildings of similar construction and class, provided that, in no event, shall Tenant be required to repair or maintain the Demised Premises to a higher or better condition than that of the Demised Premises following completion of Tenant’s Work. Tenant’s obligations under this Section 14.01 shall, without limitation, include the maintenance, repair and replacement (a) at all times, of any and all building systems, machinery and equipment which exclusively serve the Demised Premises, and (b) the bearing walls, floors, foundations, roofs and all structural elements of the Demised Premises. Tenant will not take or omit to take any action the taking or omission of which would reasonably be expected to create (or permit to continue) any condition which might reasonably be expected to involve any imminent loss, damage or injury to any person or property. All repairs and exterior portions replacements shall be in quality and Common Areas class at least equal to the Building as of the Commencement Date or the original Tenant’s Work to be performed by Tenant pursuant to this Lease, as applicable, and shall be made reasonably promptly as and when necessary. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to make a replacement of any item in the event that a repair will provide adequate functionality to the item and would be customary and reasonable in comparable buildings of similar construction and class. Repairs and replacements called for as a result of fire or other casualty and condemnation shall be made pursuant to the provisions of Sections 21 and 22, respectively. In connection with the foregoing, but in no way expanding Tenant’s obligations hereunder and subject to Section 14.03, Tenant’s obligations shall include without limitation with respect to the Demised Premises, to the extent applicable:
(1) Maintaining, repairing, and replacing, as necessary, the roof of the Building on the Demised Premises;
(2) Maintaining and repairing the bearing walls, floors, foundations, and all structural elements of the Building;
(3) Maintaining (including periodic washing and painting) and repairing the storefront, facade and exterior walls of the Building;
(4) Repairing and replacing, as necessary, the doors (including, without limitation, any overhead doors) and windows of the Building, and the Projectmechanisms therefor;
(5) Causing the regular removal of garbage and refuse from the Demised Premises;
(6) Causing the regular spraying for and control of insect, rodent, animal and pest infestation, and maintaining in good working order and condition all doors (both swinging and roll-up doors), including, without limitation, roofing all weather seals;
(7) Servicing, maintaining, repairing and covering materialsreplacing all equipment on the Demised Premises, foundationsincluding, exterior without limitation, heating, ventilation, and air-conditioning equipment, fuel tanks, generators and uninterrupted power supplies;
(8) Regular sweeping, cleaning and removal of trash, debris, other materials and stains from the Demised Premises and from the immediately adjacent sidewalks, service drives and loading or delivery areas, if any, of the Demised Premises, as necessary to keep the same clean and in good order and condition;
(9) Regular sweeping, cleaning and washing of the interior of the Building, including, without limitation, floors, windows and fixtures, and periodic washing and painting of interior walls;
(10) Repairing broken, damaged or leaking walls, plumbingbathrooms, fire sprinkler systems roofs, or fixtures and equipment in the interior of the Building, including, without limitation, plate glass windows, windows, floors and lighting fixtures;
(if any)11) Irrigating and performing all gardening and landscaping of all lawns, trees, shrubs and plantings immediately adjacent to the Building or in any parking areas located on the Demised Premises; and
(12) Tenant shall maintain a contract on at least an annual basis for regular servicing and maintenance (at least once annually) of the heating, ventilating, air conditioning, elevators, conditioning and electrical systems (including, but not limited to, the emergency generator and any other UPS vertical transportation systems serving the Building) installed , unless Landlord shall otherwise direct. Upon written request of Landlord, Tenant shall submit to Landlord a copy of such fully paid contract and any extensions, renewals or furnished replacements thereof. At a minimum, each maintenance contract for any such equipment shall include a provision that such contractor shall be required to coordinate any activities performed on the roof of the Building by Landlord. Any costs a roofing contractor, so as to not void any roof or related warranties.
14.02 Except to the repair extent caused by the negligence or maintenance activities specified willful misconduct of Landlord or its agents, contractors, employees or representatives, any affirmative acts in this Section 19.1 connection with work performed by Landlord or as expressly provided herein, Landlord shall not be included as a required to furnish any services or facilities or make any repairs or alterations in or to the Demised Premises, and Landlord shall not under any circumstances be required to (i) build or rebuild any improvements on the Demised Premises; (ii) make any repairs, replacements, alterations, restorations or renewals of any nature to the Demised Premises, whether ordinary or extraordinary, structural or non-structural, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto; or (iii) maintain the Demised Premises (including any parking which is part of Operating Expenses (subject to or adjacent thereto) in any way. Tenant hereby assumes the exclusions full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the Demised Premises, except as expressly set forth herein. However, on default of Tenant beyond the expiration of any applicable notice and cure periods in Article 10), unless making such repairs or maintenance is replacements, Landlord may, but shall not be required in whole or in part because of any actto, neglect, fault or omissions of upon fifteen (15) additional days’ notice to Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of make such repairs and maintenancereplacements for Tenant’s account and the expense thereof shall be paid by Tenant to Landlord upon demand with interest at the Default Rate.
19.2 14.03 Except for services as expressly set forth herein, nothing contained in this Lease and no action or inaction by Landlord shall be construed as (i) constituting the consent or request of Landlord, if anyexpressed or implied, required by Section 19.1to any contractor, and subject subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition or maintenance of or to the terms and conditions of Articles 25 and 26 below, 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. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof except or any improvements thereto; or (ii) giving Tenant any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Landlord in respect thereof.
14.04 Notwithstanding anything to the contrary contained herein, if Tenant’s obligations under this Article 14 require Tenant to make any Capital Repairs (as hereinafter defined) during the last two Lease Years of the Term, then Tenant shall not be required to make any such Capital Repairs and such failure shall not be a breach of this Lease by Tenant at that time or upon surrender of the Demised Premises, provided the Demised Premises remain in Section 19.1 working condition. For purposes of this Lease, “Capital Repair” shall mean the repair or replacement of any item, which repair or replacement would be amortized over its useful life in accordance with U.S. generally accepted accounting principles.
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, 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 excavation shall be made upon land adjacent to or under the 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 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 Premises.
Appears in 1 contract
Repairs and Maintenance. 19.1 15.01 Tenant shall take good care of the Demised 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) 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 negligence or willful act of Tenant or any of its employees, agents or contractors; but Tenant shall not be responsible for any of such repairs as are required by reason of Landlord's negligence or other fault in the manner of performing any of Tenant's Work or Tenant's Changes which may be undertaken by Landlord for Tenant's account or are otherwise required by reason of negligence or other fault of Landlord or its employees, agents or contractors. Except if required by the negligence or other fault of Landlord or its employees, agents or contractors, Tenant, at its expense, shall replace all scratched, damaged or other glass in or about the Demised Premises and shall be responsible for all repairs, maintenance and replacement of interior doors and wall and floor coverings in the Demised Premises and, for the repair and maintenance of all lighting fixtures therein. All repairs, except for emergency repairs, made by Tenant as provided herein shall be performed by contractors or subcontractors reasonably approved in writing by Landlord prior to commencement of such repairs, which approval shall not be unreasonably withheld, conditioned or delayed.
15.02 Landlord, at its expense, shall keep and maintain the Building and its systems and facilities serving the Demised Premises, in good working order, condition and repair and shall make all repairs, structural and exterior portions otherwise, interior and Common Areas of exterior, as and when needed in or about the Building and the ProjectDemised Premises, 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, the emergency generator and except for those repairs for which Tenant is responsible pursuant to any other UPS systems serving the Building) installed or furnished by Landlord. Any costs related to the repair or maintenance activities specified provisions of this lease.
15.03 Except as expressly otherwise provided in this Section 19.1 shall be included as a part of Operating Expenses (subject to the exclusions set forth in Article 10)lease, unless such repairs or maintenance is required in whole or in part because of any act, neglect, fault or 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, and subject to the terms and conditions of Articles 25 and 26 below, 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. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation liability to alterTenant by reason of any inconvenience, remodelannoyance, improveinterruption or injury to business arising from Landlord, repair, decorate Tenant or paint the Premises others making or any part thereof except as provided in Section 19.1 of this Lease.
19.3 Landlord shall not be liable for any failure failing to make any repairs or changes which, with respect to perform Landlord, Landlord is required or permitted by this lease, or required by law to make, in or to 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, 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 portion of the Building and or 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 excavation shall be made upon land adjacent to or under the BuildingDemised Premises, or shall be authorized to be made, Tenant shall afford in or to the person causing fixtures, equipment or authorized to cause such excavation, license to enter the Premises for the purpose appurtenances of performing such work as said person shall deem necessary or desirable to preserve and protect the Building from injury or damage 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 support the same Tenant and otherwise in such manner as long as such actions do will not materially interfere with Tenant’s Permitted Use and occupancy ▇▇▇▇▇▇'s use of the Demised Premises.
Appears in 1 contract
Sources: Lease (Promotions Com Inc)
Repairs and Maintenance. 19.1 Landlord shall shall, at its own cost and expense and at all times, repair and maintain the structural exterior walls and exterior portions and Common Areas foundation of the 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 (including, but not limited to, the emergency generator and any other UPS systems serving the Building) 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 the exclusions 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, 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 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 exceptedPremises. Tenant shall, upon at Tenant's own cost and expense and at all times, keep the expiration or sooner termination Premises neat, clean, and in a sanitary condition, including the neat and orderly storage of the TermProducts, surrender and keep and use the Premises in accordance with all applicable laws, ordinances, rules, regulations, and requirements of governmental bodies and authorities. Except as set forth in the first sentence of this Section 10, Tenant shall make such repairs as are necessary to Landlord maintain the Premises in as good of a condition as when receivedthe Premises now are, ordinary reasonable use and wear and tear and damage due to casualty covered by Landlord’s insurance excepted. If Tenant refuses or neglects its duties under this Section 10, then, at the expiration of thirty (30) days' written demand to Tenant (or without demand in the case of emergency) Landlord shall have no obligation to altermay, remodelbut is not required to, improvemake, repair, decorate perform or paint the Premises or any part 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 cause such repairs as it deems necessary and Tenant agrees to reimburse Landlord promptly upon demand for the cost thereof, including interest thereon at the Default Rate. If Landlord refuses or maintenance. Tenant waives neglects its rights under Applicable Laws now or hereafter in effect duties to make repairs at Landlord’s expense.
19.4 Repairs to the exterior walls and foundation of the Premises under this Article 19 that are obligations Section 10, then, at the expiration of Landlord are subject thirty (30) days' written demand to allocation among Tenant and other tenants as Operating Expenses, except as otherwise provided in this Article 19 and in Article 10.
19.5 This Article 19 relates to repairs and maintenance arising (or without demand in the ordinary course case 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 excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be madeemergency), Tenant shall afford to the person causing may, but is not required to, make, perform or authorized to cause such excavation, license to enter the Premises 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 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 PremisesRent.
Appears in 1 contract
Sources: Lease Agreement (Mestek Inc)
Repairs and Maintenance. 19.1 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Areas Area of the Building and the Project, including, without limitation, including roofing and covering materials; foundations (excluding any architectural slabs, foundations, but including any structural slabs); exterior walls, ; base Building plumbing, ; fire sprinkler systems (if any); base Building HVAC systems up to the first damper or isolation valve that serves the Premises (for purposes of clarity, heating, ventilating, air conditioning, elevatorsthe 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 (including, but not limited to, the emergency generator and any other UPS systems serving the Building) 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 the exclusions 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, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance.
19.2 18.2 Except for services of Landlord, if any, required by Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises (including but not limited to 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 fifteen (15) 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 ofthe Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear excepted and damage due to casualty covered by with the Tenant Improvements in substantially the same condition as existed upon substantial completion thereof, and shall, at Landlord’s insurance exceptedrequest 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 alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 of this Leasethereof.
19.3 18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an Landlord’s obligation of Landlord pursuant to this Lease 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, 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 18.4 If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as said such 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 by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s Permitted Use obligations under this Lease.
18.5 This Article relates to repairs and occupancy maintenance arising in the ordinary course of operation of the PremisesBuilding and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
Appears in 1 contract
Sources: Lease (Codex DNA, Inc.)
Repairs and Maintenance. 19.1 Landlord shall repair and maintain the structural and exterior portions and Common Areas 8.1. By taking possession of the Building Premises, Tenant shall be deemed to have conclusively agreed to accept the Premises "AS IS" and as being in the Projectcondition in which Landlord is required to deliver the same and otherwise in good order, including, without limitation, roofing condition and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems repair (if anyexcept for latent defects), heating, ventilating, air conditioning, elevators, and electrical systems (including, but not limited to, the emergency generator and any other UPS systems serving the Building) installed or furnished by Landlord. Any costs related Subject to the repair or maintenance activities specified in this Section 19.1 shall be included as a part provisions of Operating Expenses (subject to the exclusions 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, 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 22 below, Tenant shall shall, at all times during the term hereof and at Tenant’s 's sole cost and expense maintain and expense, keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shallhereby waives any and all rights under and benefits from subsection 1 of Section 1932, upon the expiration or sooner termination and Sections 1941 and 1942, of the TermCivil Code of California and any similar law, surrender the Premises to statute or ordinance now or hereafter in effect. It is understood and agreed that Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have has no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof thereof, or maintain any non-standard items installed in the Premises by or at the request of Tenant, except as provided specified in Section 19.1 Article 22 below or in Exhibit "B", and that no representations relating to 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.
19.3 8.2. Subject to the provisions of Section 8.1 above and Article 22 below, 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 good order and condition, provided however if such maintenance and repairs are caused in whole or in part by the act, neglect, fault, or omission of any duty by Tenant, its agents, servants, employees, or invitees, Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such 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 maintenancemaintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the delay in and the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives its rights under Applicable Laws now or hereafter in effect the right to make repairs at Landlord’s expense's expense under any law, statute or ordinance now or hereafter in effect.
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 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 excavation shall be made upon land adjacent to or under the 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 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 Premises.
Appears in 1 contract
Repairs and Maintenance. 19.1 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including, without limitation, including roofing and covering materials, ; foundations, ; exterior walls, ; parking areas; landscape areas; plumbing, ; fire sprinkler systems (if any), ; heating, ventilating, air conditioning, conditioning systems; elevators, and ; electrical systems (including, but not limited to, the emergency generator and any other UPS systems serving the Building) installed or furnished by Landlord. Any costs related to Landlord and the repair or maintenance activities specified equipment listed on the matrix attached hereto as Exhibit D in this Section 19.1 shall be included as a part of Operating Expenses (subject to the exclusions set forth in Article 10)good condition and repair, unless such repairs or maintenance is required in whole or in part because of any act, neglect, fault or omissions of Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs damage thereto from ordinary wear and maintenancetear excepted.
19.2 18.2. Except for services of Landlord, if any, required by Section 19.1, 16.13 and subject to the terms and conditions of Articles 25 and 26 belowSection 18.1 , Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof including 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 Landlord in as good of a condition as when received, ordinary wear and tear (and, if the Lease is terminated pursuant to Article 24, damage by fire and damage due to casualty covered by other casualty) excepted; and shall, at Landlord’s insurance exceptedrequest, 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 alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except thereof; other than as provided described in Section 19.1 Exhibit B. Landlord shall endeavor to assign any warranties it receives in connection with such laboratory services equipment, including the back-up generator, compressed air, central vacuum and reverse osmosis water equipment to Tenant upon completion of this Leasethe Tenant Improvements.
19.3 18.3. 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, 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 facilities18.4. 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 excavation shall be made upon land adjacent to or under the 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 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 by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s Permitted Use obligations under this Lease.
18.5. This Article relates to repairs and occupancy maintenance arising in the ordinary course of operation of the PremisesBuilding and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses, 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 Tenant’s act, neglect, fault or omissions are outside the limits of any insurance maintained or required to be maintained by Tenant under this Lease, 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 subject to the waiver described in Section 23.7.
Appears in 1 contract
Sources: Lease (Organovo Holdings, Inc.)
Repairs and Maintenance. 19.1 Landlord shall 7.1 The Landlord, shall, with due diligence, at its own cost and expense, make all repairs to the interior load bearing walls or members, exterior bearing walls, foundation and roof, provided that any damage to the foregoing is not caused by the negligence of the Tenant, its servants, employees, invitees or agents. The Tenant shall, at its own cost and expense, however, repair and maintain the structural roof leaders, flashings, metal gravel stops, gutters and drains and shall keep the same free and clear of any debris applicable to Tenant's leased premises (____________ feet). The obligation of the Landlord to make the foregoing repairs is expressly subject to the Tenant giving to the Landlord written notice of defects or need for repairs to the exterior bearing walls, foundation, or to the roof of the Building. The Building shall be initially painted by the Landlord according to the plans and specifications herein referred to prior to delivery of the leased premises to the Tenant, and thereafter the Tenant shall maintain, paint and repair the exterior of the leased premises (except for the Landlord's obligations to make repairs to the extent hereinabove set forth in paragraph 7.1 and in paragraph 6).
7.2 The Tenant shall, except as provided in Paragraphs 6 and 7.1 above, take good care of the leased premises and, at its cost and expense, keep and maintain in good repair the interior and exterior portions and Common Areas of the Building and the Projectleased premises, 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 toto the floor, the emergency generator air-conditioning and any heating plant, the plumbing, pipes and fixtures belonging thereto; and shall replace all mechanical and working parts used in connection with the air-conditioning, electrical, heating and plumbing plants, fixtures and systems, including ballasts and fluorescent fixtures; and shall keep the water and sewer pipes and connections free from ice and other UPS systems serving obstructions and shall generally maintain, repair and replace the Building) installed or furnished by Landlord. Any costs related to the repair or maintenance activities specified in this Section 19.1 gutters, leaders, flashings, metal gravel stops and roof drains; and shall be included as a part of Operating Expenses (subject to the exclusions 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, 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 at Tenant’s sole cost and expense generally maintain and keep repair the Premises interior and every part thereof exterior of the leased premises and shall, at the end of the expiration of the term, deliver up the leased premises in good condition order and repaircondition, damage thereto from damages by the elements, ordinary wear and tear excepted. The Tenant shallcovenants and agrees that it shall not cause or permit any waste (other than reasonable wear and tear), upon damage or disfigurement to the expiration leased premises, or sooner termination any overloading of the Termfloors of the buildings, surrender constituting part of the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. demised premises.
7.3 The Landlord shall have no obligation (i) maintain and repair the lawns, shrubbery, driveways and parking areas; and (ii) keep the parking area and driveways, sidewalks and steps of the demised premises free and clear of ice and snow; and the Tenant shall annually pay to alter, remodel, improve, the Landlord 45.45% of the cost of such maintenance and repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 of this Lease.
19.3 . The 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 furnish Tenant provides Landlord with written notice a certified breakdown of the need of such repairs or maintenancecosts applicable to the above. 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 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 excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, The Tenant shall afford to the person causing or authorized to cause make such excavation, license to enter the Premises for 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 Premisespayment within twenty (20) days after written demand.
Appears in 1 contract
Repairs and Maintenance. 9.1. Section 19.1 of the Lease is hereby deleted in its entirety and replaced with the following: “Landlord shall repair and maintain in good condition the structural and exterior portions and Common Areas and the structural, exterior and base building portions (interior and exterior) of the Building and the ProjectBuildings, including, without limitationincluding grounds, roofing and covering materials, foundations, exterior walls, plumbingplumbing (excluding eye wash, safety showers, specialty gas, and laboratory services, including RODI), fire sprinkler systems (if any), heating, ventilating, air conditioning, base building management systems, elevators, and electrical systems systems. Provided (includinga) Tenant then leases and occupies all of the 735 Building, the 745 Building and the 755 Building, (b) the applicable recurring maintenance work is completely within the 735 Building, the 745 Building and/or the 755 Building and (c) the applicable recurring maintenance work does not affect any other tenant of the Entire Project (even in a de minimis amount), then Tenant shall have the right to review and modify the scope of such contracted recurring maintenance work (whether such contract was entered into prior to, on or after the Execution Date of the Eleventh Amendment), including to add additional scope (the “Tenant Reviewed Recurring Maintenance”). The review right (but not limited tothe modification right) in the immediately preceding sentence includes the right to review provisions of the applicable contract that are reasonably necessary to analyze the applicable scope of work set forth therein. If Tenant requests any modifications to the scope of the Tenant Reviewed Recurring Maintenance, Landlord shall use reasonable efforts to accommodate the emergency generator same; provided, however, that any and all additional costs incurred by Landlord as a result of such modifications shall be included as part of Operating Expenses, subject to the CAM Pools. Notwithstanding anything to the contrary in this Lease, Landlord shall have no responsibility to maintain or repair any vivarium(s) or data center(s) (or any equipment or systems that solely service such areas). Tenant shall have sole responsibility to maintain and repair the vivarium(s) and data center(s) (and any other UPS equipment and systems serving that solely service such areas). Landlord shall maintain the Building) installed or furnished by Common Areas in accordance with its property maintenance protocols as established from time to time in accordance with Landlord’s reasonable determinations of appropriate property maintenance protocols. Upon Tenant’s request, Landlord shall explain such protocols and consider Tenant’s comments. Any actual out-of-pocket costs related to the repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses (subject to the exclusions set forth in Article 10)CAM Pools, unless except Tenant shall pay for such repairs or and maintenance is to the extent that such repairs and maintenance are: (i) required in whole or in part because of any act, neglect, fault or omissions of TenantTenant (where there is a duty to act), 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 ; and (ii) not paid out of Landlord, if any, required by Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below, 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. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance exceptedproceeds. Landlord shall perform all work and have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided its contractors perform all work in Section 19.1 of this Leaseaccordance with Applicable Laws.”
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 maintenance9.2. 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 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 excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford Exhibit T to the person causing or authorized to cause such excavation, license to enter the Premises for 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 PremisesLease is hereby deleted in its entirety.
Appears in 1 contract
Repairs and Maintenance. 19.1 18.1. Subject to the limitations set forth in Section 16.9, Landlord shall repair and maintain the Common Area and the structural and exterior portions and Common Areas of the Building and the ProjectBuilding, including, without limitation, including roofing and covering materials; foundations (excluding any architectural slabs, foundations, but including any structural slabs); exterior walls, ; plumbing, ; fire sprinkler and life safety systems (if any); base Building HVAC systems up to the first damper or isolation valve that serves the Premises (for purposes of clarity, heating, ventilating, air conditioning, elevatorsthe portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises, and electrical systems (including, any supplemental HVAC serving the Premises including but not limited toto any supplemental HVAC serving Tenant’s vivarium, 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); the Generator, the emergency generator Acid Neutralization Tank and any associated monitoring system; elevators; and all base Building electrical systems, in a first class manner comparable to other UPS systems serving the Building) installed buildings in Cambridgeport, Cambridge, Massachusetts owned or furnished operated by Landlord. Any costs related Landlord or its affiliates that are similar to the repair or maintenance activities specified in this Section 19.1 shall be included Building and operated and used for the same use as a part of Operating Expenses (subject to the exclusions 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, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenancePermitted Use.
19.2 18.2. Except for services of Landlord, if any, required by Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises (including but not limited to 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, including but not limited to any supplemental HVAC serving Tenant’s vivarium), 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 of a condition as existed when receivedthe Tenant Improvements are finally completed by Landlord, and with respect to Alterations, in substantially the same condition as existed on the date such Alterations are substantially completed by Tenant, ordinary wear and tear excepted; and damage due to casualty covered by shall, at Landlord’s insurance exceptedrequest (written notice of which shall be provided in writing at least eight (8) months prior to the expiration of the Term) and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in thereof, other than pursuant to the terms and provisions of the Work Letter or Section 19.1 of this Lease4.1.
19.3 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an Landlord’s obligation of Landlord pursuant to this Lease 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, 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 facilities18.4. 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 excavation shall be made upon land adjacent to or under the 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 said such 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 by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s Permitted Use obligations under this Lease; provided such party makes all commercially reasonable efforts to avoid any interference or disruption of Tenant’s business.
18.5. This Article relates to repairs and occupancy maintenance arising in the ordinary course of operation of the PremisesBuilding and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
Appears in 1 contract
Sources: Lease (Intellia Therapeutics, Inc.)
Repairs and Maintenance. 19.1 Landlord (a) Manager shall repair maintain, or cause to be maintained, the buildings, appurtenances and maintain the structural and exterior portions and Common Areas grounds of the Building Property, other than areas which are the responsibility of tenants, in accordance with the standards for first-class retail properties and the Project, includingin accordance with standards acceptable to Owner. Such maintenance shall include, without limitation, roofing all ordinary and covering materialsextraordinary repairs, foundationscleaning, exterior wallspainting, decorations and alterations including electrical, plumbing, fire sprinkler systems (if any)carpentry, heatingmasonry, ventilating, air conditioning, elevators, elevators and electrical systems (including, but not limited to, such other routine repairs as are necessary or reasonably appropriate in the emergency generator and any other UPS systems serving course of maintenance of the Building) 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 Property (subject to the exclusions limitations of this Agreement). The expense incurred for such maintenance, alteration or repair must be
(i) an ordinary and usual expense provided for in the Approved Budget (as defined in Section 4.1) and which does not exceed the limitation set forth in Article 10)the Approved Budget, unless or
(ii) an expense which is incurred under such circumstances as Manager shall reasonably deem to be an emergency.
(b) If an emergency occurs, Manager shall make all repairs or maintenance is required in whole or in part because take all action immediately necessary to preserve the Property, avoid suspension of any actessential services to the Property, neglectand avoid danger to persons or property. Manager promptly, fault but in no event later than twenty-four (24) hours from the time Manager learns of such emergency, shall notify Owner by telephone of any such emergency. Immediately thereafter, Manager shall send Owner a written notice setting forth the nature of the emergency and any action taken in connection with the emergency. Except as set forth above with regard to emergencies, Manager shall not make extraordinary or omissions of Tenant, unusual expenses without Owner's prior consent.
(c) Manager shall use all due diligence to require each tenant to comply with its agents, servants, employees or invitees, in which case Tenant obligations to maintain its respective leased premises pursuant to its lease. Manager shall pay to Landlord actual and reasonable expenses for materials and labor for such purposes from the cost of such repairs and maintenanceOperating Account.
19.2 Except for services of Landlord(d) All expenditures to refurbish, if anyrehabilitate, required remodel, or otherwise prepare areas covered by Section 19.1, new leases shall require Owner's prior consent and shall be paid as Owner may direct from funds provided by Owner or from the Operating Account subject to the terms and conditions of Articles 25 and 26 below, 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. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided restriction set forth in Section 19.1 of this Lease2.3.
19.3 Landlord (e) Manager 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, 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 take all reasonable precautions against 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 excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford burglary and trespass to the person causing or authorized to cause such excavation, license to enter the Premises for 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 PremisesProperty.
Appears in 1 contract
Sources: Management and Leasing Agreement (Usf&g Legg Mason Realty Partners Limited Partnership)
Repairs and Maintenance. 19.1 Landlord A. Subject to provisions of Section 15, Lessor shall keep and maintain in good order, condition and repair the structural elements of the Premises including the roof, roof membrane, paving, floor slab, foundation, exterior walls, landscaping, irrigation and elevators. Lessor shall make such repairs, replacements, alterations or improvements as Lessor deems reasonably necessary with respect to its obligations above. Lessee shall pay to Lessor, within twenty (20) days of Lessor’s invoice to Lessee therefore, Lessee’s Pro-Rata Share of such repairs, replacements, alterations or improvements. In the event that the cost of any replacement or improvement required pursuant to the above obligation exceeds $20,000 per occurrence, the amount in excess of $20,000 shall be amortized over the useful life of such replacements or improvements. Lessee shall be responsible to pay its pro-rata share of such excess on a monthly basis, as Additional Rent, for as long as the useful life coincides with the lease term. Notwithstanding the foregoing, if the reason for any repair, replacement, alteration or improvement is caused by Lessee or arises because of a breach of Lessee’s obligations under this Lease, then Lessee shall pay 100% of the costs or expense to remedy the same.
B. Except as expressly provided in Section 11(A) above, Lessee shall, at its sole cost, keep and maintain the structural entire Premises and exterior portions and Common Areas of the Building and the Projectevery part thereof, including, without limitation, roofing the windows, window frames, plate glass, glazing, truck doors, doors, all door hardware, interior of the Premises, interior walls and covering materialspartitions, foundations, exterior wallsand electrical, plumbing, fire sprinkler lighting, heating, and air conditioning systems (if any)in good and sanitary order, condition, and repair. Lessee shall, at all times during the Lease term and at his expense, have in effect a service contract for the maintenance of the heating, ventilating, air conditioningand air-conditioning (HVAC) equipment with an HVAC repair and maintenance contractor approved by Lessor which provides for periodic inspection and servicing at least once every three (3) months during the term hereof. Lessee shall further provide Lessor with a copy of such contract and all periodic service reports. Should Lessee fail to maintain the Premises or make repairs required of Lessee hereunder within ten (10) days after written notice from Lessor, elevatorslessor, in addition to all other remedies available hereunder or by law, and electrical systems (includingwithout waiving any alternative remedies, but not limited tomay make the same, the emergency generator and any other UPS systems serving the Building) installed or furnished by Landlord. Any costs related to the repair or maintenance activities specified in this Section 19.1 that event, Lessee shall be included reimburse Lessor as a part of Operating Expenses (subject to the exclusions 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, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord additional rent for the cost of such maintenance or repairs and maintenanceon the next date upon which rent becomes due.
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 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. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part 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, 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 excavation shall be made upon land adjacent to or under the 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 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 Premises.
Appears in 1 contract
Sources: Lease (Zoran Corp \De\)
Repairs and Maintenance. 19.1 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Areas Area of the Building and the Project, including, without limitation, including roofing and covering materials; foundations (excluding any architectural slabs, foundations, but including any structural slabs); exterior walls, ; base Building plumbing, ; base Building fire sprinkler systems (if any); base Building HVAC systems up to the first damper or isolation valve that serves the Premises (for purposes of clarity, heating, ventilating, air conditioning, elevatorsthe portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises, and any supplemental HVAC exclusively 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 (including, but not limited to, the emergency generator and any other UPS systems serving the Building) 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 the exclusions 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, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance.
19.2 18.2 Except for services of Landlord, if any, required by Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises (including but not limited to the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC exclusively serving the Premises, and any other systems or equipment exclusively serving the Premises) and every part thereof in good condition and repair, damage thereto and within ten (10) business days after receipt of written notice from ordinary wear and tear exceptedLandlord, 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 of a condition as when received, ordinary wear and tear excepted; and shall, at ▇▇▇▇▇▇▇▇’s request and ▇▇▇▇▇▇’s sole cost and expense, remove all telephone and data systems, wiring and equipment installed by or on behalf of Tenant from the Premises, and repair any damage due to casualty covered by Landlord’s insurance exceptedthe Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 thereof, other than pursuant to the terms and provisions of this Leasethe Work Letter.
19.3 18.3 Subject to Section 16.3 above, Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an Landlord’s obligation of Landlord pursuant to this Lease 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, 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 18.4 If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as said such person shall reasonably 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 by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s Permitted Use and occupancy of obligations under this Lease. Landlord shall use commercially reasonable efforts to cause such work to be completed in a manner that minimizes interference with ▇▇▇▇▇▇’s business operations within the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall be includible in Operating Expenses to the extent permitted in this Lease.
Appears in 1 contract
Repairs and Maintenance. 19.1 Landlord shall repair keep and maintain the structural and exterior portions and Common Areas of the Building clean and in good working order and shall maintain the ProjectBuilding and Property in first-class condition at all times during the Term. Landlord shall further make, or cause to be made, all necessary repairs to the structure and exterior of the Building, as well as to the mechanical, HVAC, electrical and plumbing systems servicing Building (including, without limitation, roofing all portions of such systems as are located within and/or exclusively serve the Demised Premises). Landlord shall also keep and covering materialsmaintain in good and tenantable condition and repair and replace, foundationsas necessary, (i) the roof, roof drainage systems, exterior walls, plumbingfoundations, fire sprinkler systems floor (if anyexcept floor coverings), heating(ii) all structural components of the Demised Premises and the Building, ventilating(iii) all windows within, air conditioningand/or comprising, elevatorsthe exterior walls of the Demised Premises and/or within, and/or comprising, the walls separating the Demised Premises from any Common Areas and electrical systems (iv) all doors providing access to the Demised Premises from any Common Areas. Landlord shall, at its sole cost and expense (and not to be included in Operating Expenses), further make or cause to be made any other repairs and changes required to the Demised Premises and said Building by reason of any breach by Landlord of any provision of this Lease or by reason of the negligence or fault of Landlord or its servants, agents or employees. Landlord shall maintain and repair all sewer facilities and other utility facilities outside the Demised Premises servicing the Demised Premises. Landlord shall cause all repairs and changes to be made without unreasonable interference with the operation of the Building or the business of Tenant or any subtenant or licensee of Tenant. When used herein, the term “repair” shall be deemed to include restoration and replacement as may be necessary to achieve or maintain good working order. The cost of the foregoing maintenance and repairs shall be included in Operating Expenses, except to the extent expressly excluded therefrom pursuant to any provision of this Lease (including, but not limited towithout limitation, the emergency generator and any other UPS systems serving the Building) installed or furnished by Landlord. Any costs related to the repair or maintenance activities specified in provisions of this Section 19.1 shall be included as a part and of Operating Expenses (subject to Section 7). Notwithstanding the exclusions set forth in Article 10)foregoing, unless such all repairs made necessary by the negligent acts or maintenance is required in whole or in part because of any act, neglect, fault or omissions willful misconduct of Tenant, its agents, servantsemployees or invitees or by reason of damage caused by Tenant, its agents, employees or inviteescontractors, 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 Demised Premises or other portions of Articles 25 and 26 belowthe Building in connection with Tenant’s, Tenant its agents’, employees’ or contractors’ construction of any alterations, shall be made at Tenant’s the sole cost and expense maintain and keep of Tenant. The provisions of this Section shall not apply in the Premises and every part thereof case of damage or destruction by fire or other casualty or in good condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shall, upon the expiration or sooner termination case of any taking; the obligations of the Term, surrender the Premises to Landlord parties in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord such cases shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except be as provided in Section 19.1 other Sections 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, 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 excavation shall be made upon land adjacent to or under the 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 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 Premises.
Appears in 1 contract
Sources: Lease Agreement (Lenox Group Inc)
Repairs and Maintenance. 19.1 18.1 Subject to the limitations set forth in Section 16.9, Landlord shall repair and maintain the structural and exterior portions and Common Areas Area of the Building and the Project, including, without limitation, including roofing and covering materials; foundations (excluding any architectural slabs, foundations, but including any structural slabs); exterior walls, ; plumbing, ; fire sprinkler and life safety systems (if any); base Building HVAC systems up to the first damper or isolation valve that serves the Premises (for purposes of clarity, heating, ventilating, air conditioning, elevatorsthe portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises, and electrical systems (including, but not limited to, the emergency generator and any other UPS systems supplemental HVAC serving the Building) installed or furnished by Landlord. Any costs related to Premises, shall not be part of the repair or maintenance activities specified in this Section 19.1 base Building HVAC and shall be included as a part of Operating Expenses (subject Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); the exclusions 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, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs Acid Neutralization Tank and maintenanceassociated monitoring system; elevators; and base Building electrical systems.
19.2 18.2 Except for services of Landlord, if any, required by Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises (including but not limited to 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, including but not limited to any supplemental HVAC serving Tenant’s vivarium), 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 Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant (during the Term, Tenant shall use diligent and good faith efforts to ensure that all such records are 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 of a condition as existed when receivedthe Tenant Improvements are finally completed by Landlord, ordinary wear and tear excepted, and damage due with respect to casualty covered Alterations, in substantially the same condition as existed on the date such Alterations are substantially completed by Tenant, ordinary wear and tear excepted; and Tenant shall, at Landlord’s insurance exceptedrequest 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 alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in thereof, other than pursuant to the terms and provisions of the Work Letter or Section 19.1 of this Lease4.1.
19.3 18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an Landlord’s obligation of Landlord pursuant to this Lease 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 maintenancemaintenance and 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.
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 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 18.4 If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford afford, upon forty-eight (48) hours’ prior notice to Tenant (other than in the event of an emergency, when no prior notice shall be required), to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as said such 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 by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s Permitted Use obligations under this Lease.
18.5 This Article relates to repairs and occupancy maintenance arising in the ordinary course of operation of the PremisesBuilding and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
Appears in 1 contract
Sources: Lease (Gritstone Oncology, Inc.)
Repairs and Maintenance. 19.1 18.1. Landlord shall repair and maintain the structural and exterior portions of the Building, including the roof and Common Areas of the Building Project.
18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant, at its sole cost and expense, shall maintain and keep the ProjectPremises, all improvements thereon, and all appurtenances thereto, including, without limitationsewers, roofing water, gas and covering materialselectrical distribution systems and facilities, foundations, exterior walls, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevatorsdrainage 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 HVAC, plumbing and electrical systems 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 budget for maintenance, repairs and replacements at the Premises for the preceding calendar year, as well as a detailed summary of the amounts actually expended by Tenant during such period for maintenance, repairs and replacements at the Project. 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; provided, however, that such contractor need not be bonded or approved by Landlord if the non-structural alterations, repairs, additions or improvements to be performed do not exceed Twenty-Five Thousand Dollars (including, but $25,000) in value. Landlord may impose reasonable restrictions and requirements with respect to such repairs. Tenant shall not limited totake or omit to take any action, the emergency generator and any other UPS systems serving the Building) installed taking or furnished by Landlord. Any costs related omission of which shall cause waste, damage or injury to the repair Premises. Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold harmless Landlord from and against any and all Claims (as defined in Section 12.12)) arising out of the failure of Tenant or maintenance activities specified Tenant’s Agents to perform the covenants contained in this Section 19.1 paragraph. “Tenant’s Agents” shall be included as a part of defined to include Tenant’s officers, employees, agents, contractors, invitees, customers and subcontractors. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses (subject to the exclusions set forth in Article 10)Expenses, unless such repairs or maintenance is required costs are incurred due in whole or in part because of to any act, neglect, fault or omissions of TenantTenant or its employees, its agents, servants, employees contractors 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 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. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part 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, 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 excavation shall be made upon land adjacent to or under the 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 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 Premises.
Appears in 1 contract
Sources: Lease Agreement (Bionovo Inc)
Repairs and Maintenance. 19.1 Landlord A. Subject to provisions of paragraph 15, Lessor shall keep and maintain in good order, condition and repair the structural elements of the Premises including the roof, roof membrane, paving, floor slab, foundation, exterior walls, landscaping, irrigation and elevators. Lessor shall make such repairs, replacements, alterations or improvements as Lessor deems reasonably necessary with respect to such structural elements and Lessee shall pay to Lessor, within ten days of Lessor's invoice to Lessee therefor, Lessee's pro-rata share of such repairs, replacements, alterations or improvements. Notwithstanding the foregoing, if the reason for any repair, replacement, alteration or improvement is caused by Lessee or arises because of a breach of Lessee's obligations under this Lease, then Lessee shall pay 100% of the costs or expense to remedy the same.
B. Except as expressly provided in Subparagraph A above, Lessee shall, at its sole cost, keep and maintain the structural entire Premises and exterior portions and Common Areas of the Building and the Projectevery part thereof, including, without limitation, roofing the windows, window frames, plate glass, glazing, truck doors, doors, all door hardware, interior of the Premises, interior walls and covering materialspartitions, foundations, exterior wallsand electrical, plumbing, fire sprinkler systems (if any)lighting, heating, ventilatingand air conditioning systems in good and sanitary order, air conditioning, elevatorscondition, and electrical systems (including, but not limited to, the emergency generator and any other UPS systems serving the Building) installed or furnished by Landlordrepair. Any costs related Notwithstanding anything to the repair or maintenance activities specified contrary in this Section 19.1 Lease, Lessor shall be included as a part perform and construct, and Lessee shall have no responsibility to perform, construct, pay directly or to reimburse Lessor, for any repair, maintenance or improvement (i) necessitated by the acts or omissions of Operating Expenses Lessor or its agents, employees or contractors, (ii) occasioned by fire, acts of God or other casualty (subject to the exclusions provisions of Section 9) or by the exercise of the power of eminent domain, (iii) for which Lessor has a right of reimbursement from others, or (iv) which would be treated as a "capital expenditure" under generally accepted accounting principles. Notwithstanding the foregoing, Lessee shall pay for the costs set forth in Article 10)(iv) as provided in Sections 11.A, unless such 12 and 18 of this Lease. Should Lessee fail to maintain the Premises or make repairs or maintenance is required in whole or in part because of any actLessee hereunder forthwith upon notice from Lessor, neglect, fault or omissions of Tenant, its agents, servants, employees or inviteesLessor, in which case Tenant addition to all other remedies available hereunder or by law, and without waiving any alternative remedies, may make the same, and in that event, Lessee shall pay to Landlord reimburse Lessor as additional rent for the cost of such maintenance or repairs and maintenance.
19.2 Except for services on the next date upon which rent becomes due. Lessee hereby expressly waives the provision of Landlord, if any, required by Subsection 1 of Section 19.11932, and subject to the terms Sections 1941 and conditions of Articles 25 and 26 below, 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. Tenant shall, upon the expiration or sooner termination 1942 of the TermCivil Code of California and all rights to make repairs at the expense of Lessor, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 942 of this Leasesaid Civil Code.
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, 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 excavation shall be made upon land adjacent to or under the 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 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 Premises.
Appears in 1 contract
Repairs and Maintenance. 19.1 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including, without limitation, including roofing and covering materials, ; foundations, ; exterior walls, ; plumbing, ; fire sprinkler systems (if any), ; heating, ventilating, air conditioning, conditioning systems; the Acid Neutralization Tank and associated monitoring system; elevators, ; and electrical systems (including, but not limited to, the emergency generator and any other UPS systems serving the Building) installed or furnished by Landlord. Any costs related to Tenant may provide, at Tenant’s sole cost and expense, a dumpster or compactor at the repair or maintenance activities specified in this Section 19.1 shall be included as a part eastern loading dock of Operating Expenses (subject to the exclusions set forth in Article 10), unless such repairs or maintenance is required in whole or in part because Building for Tenant’s disposal of any act, neglect, fault or omissions of Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenancenon-hazardous/non-controlled substances.
19.2 18.2. Except for services of Landlord, if any, required by Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof and the Liquid Nitrogen Tank (as defined in the Work Letter) 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 Landlord in as good of a condition as when received, ordinary wear and tear excepted; and damage due to casualty covered by shall, at Landlord’s insurance exceptedrequest, 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 alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 of this Leasethereof. Tenant, at its sole cost and expense, shall supply its own janitorial and trash services for the Premises.
19.3 18.3. 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, 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 facilities18.4. 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 excavation shall be made upon land adjacent to or under the 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 said person shall reasonably deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same as long as by proper foundations (provided that such actions do does not interfere with materially impact Tenant’s Permitted Use business or operations) without any claim for damages or liability against Landlord and occupancy 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 PremisesBuilding and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses, unless such costs are incurred due in whole or in part to any act, neglect, fault or omissions of Landlord or its employees, agents, contractors or invitees. Costs incurred by Landlord pursuant to this Article shall, to the extent incurred due to any act, neglect, fault or omissions of Tenant or its employees, agents, contractors or invitees, not constitute Operating Expenses, and Tenant shall pay such costs to Landlord.
Appears in 1 contract
Sources: Lease (BIND Therapeutics, Inc)
Repairs and Maintenance. 19.1 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Areas Area of the Building and the Project, including, without limitation, including roofing and covering materials, foundations, ; foundations (including any structural slabs); exterior walls, ; plumbing, ; fire sprinkler systems (if any), heating, ventilating, air conditioning, ; HVAC systems; elevators, ; and electrical systems (including, but not limited to, the emergency generator and any other UPS systems serving the Building) installed or furnished by Landlord. Any costs related to Landlord shall also maintain any utility meters serving the repair Premises, at Tenant’s sole cost and expense. Landlord will keep, manage and maintain the Building and the Project consistent with other similar properties in the ▇▇▇▇▇▇▇ Square rental market, and in full accordance with Applicable Laws. Landlord shall maintain (or maintenance activities specified provide for the maintenance) in this Section 19.1 shall be included as a part of Operating Expenses (subject to the exclusions set forth in Article 10)neat, unless such repairs or maintenance is required in whole or in part because of any actattractive and first-class condition all signs, neglectroadways, fault or omissions of Tenantlandscaped areas, its agentsparking areas, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs sidewalks and maintenanceentrances areas that are owned by Landlord.
19.2 18.2. Except for services of Landlord, if any, required by Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, excepting damage thereto from ordinary wear and tear exceptedand matters for which Tenant is not responsible under the terms of this Lease, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any usual and customary 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 of a condition as when received, ordinary wear and tear excepted and damage due to casualty covered by with the Tenant Improvements in substantially the same condition as existed upon completion of the Tenant Improvements; and shall, at Landlord’s insurance exceptedrequest and Tenant’s sole cost and expense, remove all wiring and equipment (other than low voltage wiring and cabling) installed by or on behalf of a Tenant Party (as defined below), and repair any damage to the Premises caused thereby, unless instructed by Landlord not to do so, whereupon Tenant shall surrender the Premises with all such material intact. Without limiting Landlord’s maintenance and repair obligations in this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 of this Leasethereof.
19.3 18.3. Except as otherwise set forth herein, Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an Landlord’s obligation of Landlord pursuant to this Lease unless such failure shall persist for an unreasonable time (but not to exceed 30 daysdetermined under the particular circumstances) after Tenant provides Landlord with written notice (which may be given by e- mail to the Building or property management office) of the need of such repairs or maintenancemaintenance or after Landlord has independent, actual knowledge of such need. 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 and in Article 10.
19.5 18.4. This Article 19 relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project and any related facilitiesProject. In the event of firea casualty described in Article 24, earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause Article 24 shall apply in lieu of damage or destructionthis Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article 19Article.
19.6 If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford 18.5. Except to the person causing or authorized extent otherwise provided in Section 9.1, costs incurred by Landlord pursuant to cause such excavation, license to enter the Premises for the purpose of performing such work as said person this Article 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 Premisesconstitute Operating Expenses.
Appears in 1 contract
Repairs and Maintenance. 19.1 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Areas Area of the Building and the Project, including, without limitation, including roofing and covering materials; foundations (excluding any architectural slabs, foundations, but including any structural slabs); exterior walls, ; plumbing, ; fire sprinkler systems (if any); base Building HVAC systems; the HVAC system located within the Premises up to the first damper or isolation valve that serves the Premises (for purposes of clarity, heatingthe portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises, ventilating, air conditioning, including any distribution systems and any supplemental HVAC serving the Premises shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 hereof); elevators, ; and base Building electrical systems (including, but not limited to, the emergency generator and any other UPS systems serving the Building) 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 the exclusions 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, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance.
19.2 18.2. Except for services of Landlord, if any, required by Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises (including but not limited to any systems or equipment exclusively serving the Premises, but excluding the base Building HVAC systems up to the first damper or isolation valve that extends into and serves 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 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 of a condition as existed when receivedthe Tenant Improvements are finally completed by Landlord, and with respect to Alterations, in substantially the same condition as existed on the date such Alterations are substantially completed by Tenant, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 thereof, other than pursuant to the terms and provisions of this Leasethe Work Letter.
19.3 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an Landlord’s obligation of Landlord pursuant to this Lease 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. Except as otherwise 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.
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 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 facilities18.4. 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 excavation shall be made upon land adjacent to or under the 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 said such 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 by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s Permitted Use obligations under this Lease.
18.5. This Article relates to repairs and occupancy maintenance arising in the ordinary course of operation of the PremisesBuilding and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses, subject to the limitations on inclusion of certain costs associated with capital expenditures, as set forth in Section 9.1(c).
Appears in 1 contract
Sources: Lease Agreement (Synlogic, Inc.)
Repairs and Maintenance. 19.1 Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project(a) Tenant shall, 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, the emergency generator and any other UPS systems serving the Building) 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 the exclusions 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, 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 at Tenant’s sole cost and expense expense, maintain and keep the Premises and every part thereof all other areas of the Project not the obligation of Landlord in good Section 13(b) below, in good, clean and safe condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shall, upon Without limiting the expiration or sooner termination generality of the Termforegoing, surrender subject to Landlord having delivered the Premises to Landlord Tenant with the heating, ventilation and air conditioning and utility systems in as good of a and functioning condition as when receivedon the Commencement Date, ordinary wear Tenant shall be solely responsible for maintaining and tear repairing all fixtures, heating, ventilation and damage due to casualty covered air conditioning systems, plumbing, electrical lighting, ceilings and floor coverings, windows, doors, plate glass, skylights, and interior walls within the Premises. In addition, Tenant shall be responsible for all repairs made necessary by Landlord’s insurance exceptedTenant, its employees, agents, contractors or invitees. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided specifically set forth in Section 19.1 of this Lease.
19.3 Landlord . Under no circumstances shall Tenant make any repairs to the Building 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 liable for any failure to make any repairs or unreasonably withheld. If Tenant fails to perform any maintenance that is an obligation its obligations under this Section 13(a), 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 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 unless shall be paid by Tenant 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 failure shall persist for an unreasonable time (work, but not to exceed 30 days) after the maximum amount then allowed by law. Landlord shall have no liability to Tenant provides Landlord for any damage, inconvenience, or interference with written notice the use of the need Premises by ▇▇▇▇▇▇ as the result of performing any such work.
(b) Subject to Tenant’s obligations under Section 7 above, Landlord shall be responsible for making all structural repairs or maintenanceto the Building, and shall maintain the sidewalls, and foundations of the Building in good, clean and safe condition and repair. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs Landlord, at Landlord’s expense.
19.4 Repairs under this Article 19 sole cost, shall maintain the parking areas of the Project and the roof of the Building in good condition and repair. Landlord may elect to maintain all landscaping, signs, sidewalks and other exterior Building Exterior Areas that are the obligation of Tenant, the costs of which shall be reimbursed by Tenant to Landlord pursuant to Section 7 above. The foregoing obligations of Landlord contained in this Section 13(b) are subject collectively referred to allocation among Tenant and other tenants as Operating Expenses, except “Landlord’s Repairs”. Except as otherwise provided in this Article 19 and Lease, Landlord shall have no liability to Tenant, nor shall Tenant’s obligations under this Lease be reduced or abated in Article 10.
19.5 This Article 19 relates any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord making any repairs and maintenance arising or changes which Landlord is required or permitted by this Lease or required by law to make in the ordinary course of operation or to any portion of the Building and or the Project and Project. Landlord shall use reasonable efforts to minimize 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 excavation shall be made upon land adjacent to or under the 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 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 interference with Tenant▇▇▇▇▇▇’s Permitted Use and occupancy of business at the Premises.
Appears in 1 contract
Repairs and Maintenance. 19.1 (a) By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good and sanitary order, condition and repair, excepting the Punch List Items and latent defects in the construction done by Landlord, its agents, employees, contractors, and subcontractors. Except as provided in Section 11(c) (pursuant to which Landlord shall is to undertake various repair and maintenance), Tenant shall, at Tenant’s sole cost and expense, maintain the structural Premises, in clean and exterior portions good condition and Common Areas repair, ordinary wear and tear and casualty excepted. Without limiting the generality of the Building foregoing, Tenant shall be solely responsible for maintaining and the Projectrepairing all fixtures, including, without limitation, roofing and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems non-building standard electrical lighting (if anyidentified as being non-building standard at the time that Landlord approves the Plans under the Lease Improvement Agreement), heatingceilings and floor coverings, ventilating, air conditioning, elevatorsdoors, and electrical systems (including, but not limited to, interior walls within the emergency generator and any other UPS systems serving Premises to the extent the foregoing are nonstructural elements of the Building) installed , using the same quality of materials as used in the original construction. In addition, Tenant shall be responsible for all repairs made necessary by Tenant or furnished by LandlordTenant’s invitees. Any costs related Landlord acknowledges that Tenant shall have no obligation to the repair or maintenance activities specified in this Section 19.1 shall be included as a part maintain any areas of Operating Expenses (subject to the exclusions set forth in Article 10)Project outside of the Premises, unless such repairs repair or maintenance is required in whole or in part because of any act, neglect, fault or omissions due to acts of Tenant, its agents, servantsemployees, employees or invitees, in which case Tenant shall pay to Landlord contractors and subcontractors and the cost of such thereof is not covered by insurance carried by Landlord or required to be carried by Landlord under this Lease. Excepting maintenance, repairs and maintenance.
19.2 Except for services or replacements required due to the negligence or willful misconduct of Landlord, if anyits agents, required by Section 19.1employees, contractors and subject to the terms and conditions of Articles 25 and 26 belowsubcontractors, Tenant acknowledges that Landlord shall at Tenant’s sole cost and expense maintain and keep have no obligation to maintain, repair or replace any telecommunications or computer cabling or wiring which is located in the Premises and every part thereof or which exclusively serves the Premises (collectively, “Cabling”), except in good condition and repair, damage thereto from ordinary wear and tear exceptedthe event that such would be required due to Landlord’s negligent acts or omissions. Tenant shall, upon at Tenant’s expense, contract with Pacific ▇▇▇▇ or another reputable contractor to maintain the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance exceptedCabling. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided specifically set forth in Section 19.1 of this Lease.
19.3 Landlord . Under no circumstances shall not be liable for any failure to Tenant make any repairs to the Building or to perform any maintenance that is an obligation the mechanical, electrical or heating, ventilating or air conditioning systems of Landlord the Premises or the Building, unless such failure shall persist for an unreasonable time (but not to exceed 30 days) after repairs are previously approved in writing by Landlord. Tenant provides Landlord with written notice waives the provisions of Sections 1931(1), 1941 and 1942 of the need California Civil Code, and any similar or successor law regarding Tenant’s right to make repairs and deduct expenses of such repairs from the Rent due under this Lease, subject, however, to the terms of Section 11(d) below. In no event shall Tenant be responsible for repairs or replacements necessitated by ordinary wear and tear, damage by third party casualty or damage caused by Landlord or others for which Tenant is not responsible, nor shall Tenant be responsible for the correction or repair of any latent defect in the Premises, or any condition, dilapidation or defect of which Landlord has actual knowledge prior to the Commencement Date.
(b) Landlord shall operate the Building (and provide maintenance. Tenant waives its rights under Applicable Laws now , repairs and replacements pursuant to Section 11(c) below) to a standard or hereafter quality consistent with that of other first-class projects in effect the immediate geographical area and shall (i) provide janitorial service to make repairs the Premises on a five (5)-day-a-week basis (excepting holidays described in the Basic Lease Information), consistent with the janitorial specification attached hereto as Exhibit E, (ii) provide nonexclusive, non-attended automatic passenger elevator service at all times, (iii) replace Building standard lamps, starters and ballasts (all nonstandard lighting within the Premises shall be the responsibility of Tenant).
(c) Landlord shall be responsible for maintaining and repairing all structural portions and latent defects of the Building, at Landlord’s expense.
19.4 Repairs under this Article 19 that are obligations sole expense (and not as part of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses), 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 excavation shall be made upon land adjacent to or under the 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 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 Premises.maintain the
Appears in 1 contract
Sources: Lease Agreement (Health Net Inc)
Repairs and Maintenance. 19.1 17.1. Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including, without limitation, including roofing and covering (structure and membrane) materials, ; foundations, ; exterior walls, ; plumbing, ; fire sprinkler systems (if any), ; heating, ventilating, air conditioning, conditioning systems; elevators, ; and electrical systems (including, but not limited to, the emergency generator and any other UPS systems serving the Building) 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 the exclusions 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, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance.
19.2 17.2. Except for services of Landlord, if any, required by Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below17.1, 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. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear excepted; and damage due to casualty covered by shall, at Landlord’s insurance exceptedrequest, 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 alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except thereof, other than as provided described in Section 19.1 of this Lease.Exhibit C.
19.3 17.3. 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, 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 facilities17.4. 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 excavation shall be made upon land adjacent to or under the 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 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 by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease to the extent Tenant’s Permitted Use and occupancy of the PremisesPremises 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 Project. 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.
17.6. 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.
Appears in 1 contract
Sources: Lease (Halozyme Therapeutics Inc)
Repairs and Maintenance. 19.1 Landlord At all times, Subtenant shall keep the Premises, Parking, and Building in a neat, clean, and sanitary condition, keep the glass of all windows and doors clean and presentable, and keep the Building in a good state of repair. Subtenant will maintain and repair the walls, roof, and maintain the other structural components and exterior portions and Common Areas building systems of the Building and will be responsible for repair and maintenance of the Projectinterior portion of the Building and all painting, includingexposed electrical, without limitationplumbing and other utility systems, roofing doors, glass and covering materialsall of Subtenant’s personal property. Subtenant shall keep in good order, foundationscondition, exterior and repair all heating and air conditioning equipment (“HVAC”) for the Building and shall pay all costs and expenses with respect to the repair, replacement and maintenance of HVAC for the Building. Subtenant shall also reasonably maintain, operate and repair the utility systems within the Building, including the cost of connection to the utility distribution systems. Subtenant shall maintain the Premises, Parking, and Building in such a way that it complies with relevant local law as it relates to the removal of snow and ice. This Sublease is intended and shall be construed to be a “triple net lease” and, except as may be specifically provided in this Sublease, Subtenant assumes all responsibilities, duties, obligations, costs or expenses of any nature or any kind whatsoever, with respect to the operation, management, maintenance, repair, improvement, use or occupancy of the Premises. Notwithstanding the foregoing, in the absence of an agreement with the Sublandlord to contribute its pro rata share or amortized costs based on the Internal Revenue Service’s stated useful life of the applicable assets against the remaining Initial Term or Extended Term of the Sublease, Subtenant shall not be obligated to replace or incur significant repair costs to the walls, roof, electric, plumbing, fire sprinkler utility, and HVAC systems (if anyMajor System(s), heating, ventilating, air conditioning, elevators, and electrical systems ) within three (including, but not limited to, the emergency generator and any other UPS systems serving the Building3) 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 years of Operating Expenses (subject to the exclusions 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, 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 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. Tenant shall, upon the expiration or sooner termination of the TermTerm of the Sublease, surrender except as is necessary to prevent an abandonment determination by the Premises to Landlord in as good City of a condition as when received, ordinary wear Glendale and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part 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 37.20, or to perform any maintenance that is an obligation maintain the Building sufficient to provide for the continuous operation of Landlord unless such failure shall persist for an unreasonable time (but Subtenant’s then-existing business, if any; provided, however, this provision only applies when accompanied by a notice of Subtenant of intent not to exceed 30 days) after Tenant provides Landlord with written notice of extend the need of such repairs Sublease beyond the Initial Term or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expenseany Extended Term.
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 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 excavation shall be made upon land adjacent to or under the 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 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 Premises.
Appears in 1 contract
Sources: Asset Purchase Agreement (Medicine Man Technologies, Inc.)
Repairs and Maintenance. 19.1 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Areas Area of the Building and the Project, including, without limitation, including roofing and covering materials; foundations (excluding any architectural slabs, foundations, but including any structural slabs); exterior walls, ; plumbing, ; fire sprinkler systems (if any); base Building HVAC systems up to the first damper or isolation valve that serves the Premises (for purposes of clarity, heating, ventilating, air conditioning, elevatorsthe 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 (including, but not limited to, the emergency generator and any other UPS systems serving the Building) 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 the exclusions 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, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance.
19.2 18.2. Except for services of Landlord, if any, required by Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises (including but not limited to 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 expiration or sooner termination of the Term, vacate and surrender the Premises to Landlord in as good broom-clean and vacant condition, with Tenant’s Property removed consistent with the terms of a condition as when receivedSection 17.7, ordinary wear and tear any damage caused by removal of Tenant’s Property repaired, and damage due to casualty covered by shall, at Landlord’s insurance exceptedrequest and al Tenant’s sole cost and expense, cure all violations of Tenant’s obligations under the first sentence of Section 18.2 and remove all of Tenant’s telephone and data systems and their associated wiring and equipment from the Premises, and repair any damage to the Premises caused thereby (collectively, the “Surrender Obligations”), notwithstanding any Restoration Deposit. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 thereof, other than pursuant to the terms and provisions of this Leasethe Work Letter.
19.3 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an Landlord’s obligation of Landlord pursuant to this Lease 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. Notwithstanding the foregoing, in no event shall Landlord be liable for any consequential damages, opportunity costs or lost profits incurred or suffered by Tenant in connection with the foregoing. 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 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 facilities18.4. 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 excavation shall be made upon land adjacent to or under the 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 said such 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 by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s Permitted Use obligations under this Lease.
18.5. This Article relates to repairs and occupancy maintenance arising in the ordinary course of operation of the PremisesBuilding and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent that the cost of such repairs and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or required to be maintained by Tenant 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 within thirty (30) days after receipt of an invoice therefor (or, if Landlord has not obtained or maintained the insurance it is required to obtain and maintain pursuant to this Lease, Landlord shall pay such excess, other than what the deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice therefor).
Appears in 1 contract
Sources: Lease (Lyell Immunopharma, Inc.)
Repairs and Maintenance. 19.1 (a) The premises hereby leased, are leased to Tenant "As Is," except as specifically provided herein. Further, except as herein expressly provided, Landlord shall repair be under no liability, nor have any obligation to do any work or make any repairs in or to the premises, and maintain any work which may be necessary to outfit the structural premises for Tenant's occupancy or for the operation of Tenant's business therein is the sole responsibility of Tenant and exterior portions shall be performed by Tenant at its own cost and Common Areas expense. Tenant acknowledges that it has fully inspected the premises prior to the execution of this Lease, and Tenant further acknowledges that Landlord has made no warranties or representations with respect to the condition or state of repairs of the Building premises.
(b) Tenant will, during the term of this Lease, keep the premises and the Projectappurtenances (including windows, including, without limitation, roofing and covering materials, foundations, exterior wallsdoors, plumbing, fire sprinkler systems (if anyheating and electrical facilities and installations), heatingin good order and repair and will make all necessary repairs thereof at its own expense, ventilatingexcept that Landlord will make all necessary repairs and replacements to the exterior masonry walls, air conditioning, elevatorsstructural components, and electrical systems roof of the premises, after being notified in writing by Tenant of the need for such repairs, and shall have a reasonable time in which to complete such repairs, provided Landlord commences such repairs within twenty (including20) days (or within the shortest period necessary in order to prevent imminent death, but not limited topersonal injury or damage, or destruction of property) of written notification from Tenant and diligently pursues same to completion. Tenant agrees to carry a maintenance and/or service agreement or policy on the emergency generator HVAC system in the premises; provided Tenant carries such policy and any other UPS systems serving the Building) installed or furnished by Landlord. Any costs related supplies evidence to Landlord of same upon request, Landlord will warrant the repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses (subject to the exclusions set forth in Article 10), unless such repairs or maintenance is required in whole or in part because replacement of any act, neglect, fault or 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, and subject to the terms and conditions of Articles 25 and 26 below, 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. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part 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 major component (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, 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 excavation shall be made upon land adjacent to or under the 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 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 Premises.e.
Appears in 1 contract
Repairs and Maintenance. 19.1 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including, including without limitation, limitation the roofing (including the structural portions of the roof as well as the roof membrane) and covering materials; foundations; floor/ceiling slabs, foundationscolumns, beams, shafts, exterior walls, ; plumbing, ; fire sprinkler systems (if any), ; heating, ventilating, air conditioning, conditioning systems; elevators, ; and electrical systems (including, but not limited to, the emergency generator and any other UPS systems serving the Building) 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 the exclusions 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, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance.
19.2 18.2. Except for services of Landlord, if any, required by Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below18.1, 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. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by excepted. Tenant shall, at Landlord’s insurance exceptedrequest, remove all telephone and data systems, wiring and equipment from the Premises, but only to the extent any of the foregoing were installed by Tenant (i.e. Tenant shall not be required to remove any telephone and data systems, wiring and equipment existing in the Premises as of the Execution Date) and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Section 19.1 thereof, other than pursuant to the terms and provisions 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, 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 excavation shall be made upon land adjacent to or under the 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 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 Premises.
Appears in 1 contract
Sources: Lease (Regulus Therapeutics Inc.)
Repairs and Maintenance. 19.1 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Areas Area of the Building and the Project, including, without limitation, including roofing and covering materials; foundations (excluding any architectural slabs, foundations, but including any structural slabs); exterior walls, ; plumbing, ; fire sprinkler systems (if any), heating, ventilating, air conditioning, ; HVAC systems; elevators, ; and electrical systems (including, but not limited to, the emergency generator and any other UPS systems serving the Building) 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 the exclusions 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, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance.
19.2 18.2. Except for services of Landlord, if any, required by Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below18.1, 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) 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 of a condition as when received, ordinary wear and tear excepted; and damage due to casualty covered by shall, at Landlord’s insurance exceptedrequest and Tenant’s sole cost and expense, remove any furniture existing in the Premises as of the Execution Date, 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 alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except thereof, other than as provided described in Section 19.1 of this LeaseArticle 4.
19.3 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an Landlord’s obligation of Landlord pursuant to this Lease 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, 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 facilities18.4. 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 excavation shall be made upon land adjacent to or under the 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 said such 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 by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. Landlord will endeavor to cause any parties performing work pursuant to this Section 18.4 to use commercially reasonable efforts to minimize interference with Tenant’s Permitted Use use and occupancy of the Premises.
18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses, unless expressly excluded under the terms, conditions and provisions of this Lease.
Appears in 1 contract
Sources: Lease (Unity Biotechnology, Inc.)
Repairs and Maintenance. 19.1 Landlord (a) Tenant agrees to maintain the Leased Premises in good order and condition including all maintenance, upkeep and cleaning. Tenant shall repair procure any licenses or permits mandated for Tenant's use of or alteration to the Leased Premises. Tenant shall also comply promptly with and execute all rules, order, regulations and recommendations of the Board of Fire Underwriters, Rating Board and Landlord's insurance company with respect to the prevention of fires and the exposure of liability risks, and shall install and maintain all necessary safety appliances, but only to the structural and exterior portions and Common Areas extent such appliances are necessary because of Tenant's particular use of the Building Leased Premises.
(b) If either party hereto is required to do any act under this Paragraph 9, said party shall promptly comply and, if said party shall neglect to act with reasonable dispatch after such demand by the other party, then the party requesting said act shall be free to perform same 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 (including, but not limited to, the emergency generator and any other UPS systems serving the Building) installed or furnished by Landlord. Any costs related party responsible for said act shall thereafter immediately pay to the repair or maintenance activities specified other the reasonable cost of any such acts.
(c) Tenant shall be responsible for the replacement of all light bulbs and ballasts in the Leased Premises.
(d) Nothing in this Section 19.1 shall be included as a part construed to impose upon Landlord, in the event of Operating Expenses (subject damage to the exclusions set forth Leased Premises caused by casualty any obligations other than those contained 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, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenanceParagraph 12 below.
19.2 Except for services of Landlord(e) Landlord shall, if any, required by Section 19.1, at its expense and subject to Section 4(g) hereof, furnish to Tenant the terms following services, utilities, supplies and conditions of Articles 25 facilities throughout the Lease Term:
(i) access to the Leased Premises twenty-four (24) hours a day, seven (7) days a week;
(ii) passenger elevator service twenty-four(24) hours a day, seven (7) days a week;
(iii) (x) heat, ventilation and 26 belowair conditioning ("HVAC") on business days from 8:00 A.M. to 8:00 P.M. and on Saturdays from 8:00 A.M. to 1:00 P.M. (hereafter "Business Hours") and, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair's request, damage thereto from ordinary wear and tear excepted. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in at all other times as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part 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, except as otherwise hereinafter provided in this Article 19 Article. Landlord represents and warrants that during the Lease Term the Building's HVAC systems will have the capacity, flexibility and ability to maintain the Leased Premises in Article 10.
19.5 This Article 19 relates to repairs and maintenance arising reasonably comfortable condition which, taking the average of temperatures in the ordinary course of operation various sections of the Building Leased Premises at various points in time, shall average not more than 76 degrees Fahrenheit during the summer months and not less than 70 degrees Fahrenheit during 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 19winter months.
19.6 If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for 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 Premises.
Appears in 1 contract
Sources: Lease Agreement (Electronic Retailing Systems International Inc)
Repairs and Maintenance. 19.1 Tenant shall (i) keep the Premises and Personalty in as good order and repair as same were delivered in at the Commencement Date, reasonable wear and tear and repairs which are not Tenant's responsibility hereunder excepted, including performing all necessary daily clean-up and maintenance of thereof; (ii) make repairs and replacements to the Premises as needed that are the result of the Tenant’s use of the Premises; and (iii) not commit waste of any nature. Tenant, at its sole cost and expense, shall maintain snow removal responsibility for the areas immediately adjacent to the entrances to the Premises and the Parking Lot. Subject to its obligations under Section 3.03, under no circumstances shall Landlord be responsible for the timely opening of the school operated by Tenant on the Premises. If repairs or replacements of a capital nature (as defined under generally accepted accounting principles, consistently applied) are required, Landlord shall undertake same at its sole cost and expense promptly upon Tenant's request. For avoidance of doubt, capital expenditures shall include maintenance, repair and maintain the structural and exterior portions and Common Areas and/or replacement of the Building roof and boiler, structural repairs and replacements to the Project, Premises and repairs and replacements to the major mechanical systems servicing the Premises including, without limitation, roofing HVAC, Plumbing, Electric and covering materialsSprinkler systems. Further, foundations, exterior walls, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevators, and electrical systems (including, but not limited to, the emergency generator and any other UPS systems serving the Building) installed or furnished by Landlord. Any costs related to the repair or maintenance activities specified in this Section 19.1 Landlord shall be included as a part of Operating Expenses (subject to the exclusions set forth in Article 10)responsible, unless such repairs or maintenance is required in whole or in part because of any act, neglect, fault or omissions of Tenant, at 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 at Tenant’s sole cost and expense maintain expense, for landscaping and keep maintenance to all exterior common areas on the Premises Land. Except in the event of an emergency, Tenant may not make any repairs without notice to Landlord 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 approval of the Term, surrender the Premises to Landlord in as good Diocese of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance exceptedMetuchen College of Consultors. Landlord shall have no obligation exercise reasonable care in the conduct of its repair and replacement obligations with respect to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in accordance with this Section 19.1 of this Lease3.03.
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, 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 excavation shall be made upon land adjacent to or under the 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 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 Premises.
Appears in 1 contract
Sources: Lease Agreement
Repairs and Maintenance. 19.1 Landlord shall repair and maintain the structural and exterior portions and Common Areas 8.1 By taking possession of the Building Premises, Tenant shall accept the Premises as being in the condition in which Landlord is obligated to deliver them and otherwise in good order, condition and repair, subject to punch list items to be installed, completed or repaired by Landlord within mutually agreeable time frames ("Punch List") as contained in an itemized listing which must be submitted, if at all, by Tenant to Landlord within thirty (30) of the ProjectCommencement Date. Notwithstanding the foregoing, 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, the emergency generator concerning Tenant's acceptance and any other UPS systems serving waivers contained elsewhere in this Lease, Tenant shall not be deemed to have waived claims or rights against Landlord for any latent defects in the BuildingBuilding or the Premises which, by their nature, are not reasonably discoverable within such thirty (30) installed or furnished by Landlordday period. Any costs related As to such defects, Tenant shall have thirty (30) days from the date of actual discovery to notify Landlord in writing of claims for latent defects, and Landlord shall thereafter take such steps as may be reasonably necessary to resolve such issues. Subject to the repair or maintenance activities specified in this provisions of Section 19.1 shall be included as a part of Operating Expenses (subject to the exclusions 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, 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 22 below, Tenant shall shall, at all times during the term hereof and, at Tenant’s 's sole cost and expense maintain and expense, keep the Premises and every part thereof in good order, condition and repair, damage thereto from ordinary wear . It is hereby understood and tear excepted. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to agreed that Landlord in as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by Landlord’s insurance excepted. Landlord shall have has no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof thereof, except as provided specified in Section 19.1 22 below or in the Work Agreement, and that no representations relating to 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 expressly set forth in this Lease.
19.3 8.2 Subject to the provisions of Section 8.1. above and Section 22 below, Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an obligation maintain the common areas, the foundation and structural portions 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, 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 excavation shall be made upon land adjacent to or under the Building, or and the Building systems providing the services and utilities to be furnished by Landlord pursuant to Section 13.1. below, in reasonably good order and condition and repair.
8.3 Landlord shall be authorized to be made, Tenant shall afford to responsible for compliance of the person causing or authorized to cause such excavation, license to enter Project (excluding the Premises for 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 interior of the Premises) with the Americans With Disabilities Act and any similar state or other federal laws (collectively, the "ADA ▇▇▇▇") ▇n effect on the Commencement Date of the Lease; provided, however, Landlord shall be responsible for any emergency exit signs located within the Premises and for the bathrooms within the Premises. Landlord shall be responsible for the Project's compliance with any modifications, revisions or changes in such laws which are effective after the Commencement Date provided that the necessity for complying with such laws is a result of a "Compliance Triggering Event" (as hereinafter defined). For the purposes hereof, a "Compliance Triggering Event" shall mean any of the following (a) receipt by Landlord, Tenant or any tenant of a notice from any governments agency or authority (federal, state or local) requiring that the Project of any portion thereof comply with the ADA ▇▇▇▇, (▇) the making, filing or threatening to make or file a claim of action arising, in whole or in part, out of alleged non-compliance of the Project, or any portion thereof, with the ADA ▇▇▇▇, (▇) the non-compliance of the Project or any portion thereof with the ADA ▇▇▇▇ ▇▇▇sing a default under any loan secured by the Project, or (d) any actions of Landlord, Tenant or any tenant with respect to the Property that cause any of the foregoing to occur.
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