Repairs and Maintenance. It is the responsibility of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.
Appears in 5 contracts
Sources: Residential Lease Agreement, Residential Lease Agreement, Residential Lease Agreement
Repairs and Maintenance. It is (a) Except for the responsibility obligations of Landlord pursuant to Section 9(b) of this Lease and except as caused by the Tenant(s) to notify the negligence or willful misconduct of Landlord immediately of any needed or its agents, contractors, servants, invitees or employees or Landlord’s default hereunder, Tenant shall keep, maintain, and repair or unsafe condition existing around or in the Premises including but not limited cause to cracks in the foundation, cracks in plaster, moisture in walls be repaired and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlordmaintained, at the Landlord’s its sole cost and expense, except those caused by negligence the Premises, including, without limitation: HVAC, mechanical and electrical equipment and all systems in or acts of Tenant(s)serving the Premises, Tenant’s agentsthe Utility Infrastructure, or inviteesthe Critical Fixtures and Equipment, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original parking areas, sidewalks, roadways and landscaping, in good repair and condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs and appearance, normal wear and tear itemsexcepted, and shall make all repairs and replacements which may be required to be made in order to keep and maintain the Premises, including without limitation, the adage “you broke it you pay Utility Infrastructure and Critical Fixtures and Equipment, in as good repair and appearance as they were when originally delivered to fix it” applies Tenant, except for ordinary wear and tear and subject to the Tenant(sprovisions of Section 13 and Section 14 hereof, and Tenant shall, in all events, make all repairs, replacements and perform maintenance and other work for which it is responsible hereunder, in a good, proper and workmanlike manner in accordance with customary standards for first-class data centers.
(b) Subject to the provisions of Section 13 and Section 14 hereof, Landlord shall make all necessary roof repairs and structural repairs to the Premises including those repairs and replacements necessary to keep the roof, exterior walls, foundation and structural frame of the Premises in good order and repair and perform such repairs in accordance with customary standards for first-class data centers. Landlord shall initiate all such repairs promptly and to remedy any condition requiring repair by Landlord with due diligence.
(c) If Tenant shall be in default under any of the provisions of this Section 9, Landlord may, after thirty (30) days written notice to Tenant and failure of Tenant to cure during said period unless such default is of such a nature that it applies during tenancy cannot with reasonable diligence be cured within said period, then the cure period shall be extended by such period as well may be required with the application of reasonable diligence to cure the default, but without notice in the event of an emergency, do whatever is necessary to cure such default as may be appropriate under the circumstances for the account of and at the end expense of tenancyTenant. If an emergency exists, Landlord shall use reasonable efforts to notify Tenant of the situation by phone or other available communication before taking any such action to cure such default. All reasonable sums so paid by Landlord or Tenant, as applicable, and all reasonable costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) so incurred, together with interest at the Lease Default Rate from the date of payment or incurring of the expense, shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand.
(d) If Landlord shall be in default under any of the provisions of this Section 9, Tenant may, after thirty (30) days written notice to Landlord and failure of Landlord to cure during said period unless such default is of such a nature that it cannot with reasonable diligence be cured within said period, then the cure period shall be extended by such period as may be required with the application of reasonable diligence to cure the default, but without notice in the event of an emergency, do whatever is necessary to cure such default as may be appropriate under the circumstances for the account of and at the expense of Landlord. If an emergency exists, Tenant shall use reasonable efforts to notify Landlord of the situation by phone or other available communication before taking any such action to cure such default. All reasonable sums so paid by Tenant and all reasonable costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) so incurred, together with interest at the Lease Default Rate from the date of payment or incurring of the expense, shall constitute amounts payable by Landlord under this Lease and shall be paid by Landlord to Tenant on demand.
(e) Without limiting the generality of the foregoing, Tenant shall additionally perform, at its cost and expense, all maintenance, repair, and replacement obligations hereunder relating to any of the Building’s systems, the Building’s elevators, the Utility Infrastructure, or the Critical Fixtures and Equipment. In addition, if a Tenant(s) calls in connection with Tenant’s maintenance, repair, and replacement obligations under this Lease, Tenant shall at its own cost and expense enter into regularly scheduled preventative maintenance service contracts, with vendors, approved by Landlord, in its reasonable discretion, for maintenance for which no servicing all Building systems, Utility Infrastructure, elevators, and Critical Fixtures and Equipment. Tenant shall cause such maintenance is needed contracts to designate Landlord a third (false call)3rd) party beneficiary, Tenant(s) will be charged for with the service call. Any repairs, including labor, materialright to receive all notices delivered under such contracts, and parts used, which are the responsibility ability to exercise Tenant’s rights thereunder upon Tenant’s default under this Section 9 or upon Tenant’s default under an applicable maintenance contract.
(f) In the event of an emergency adversely affecting the structure of the Tenant(s)Premises, must be pre-approved in writing by the Landlord. Landlord Tenant shall be the sole judge as make all reasonable efforts to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the inform Landlord of the condition emergency. If Tenant is unable to make contact with Landlord or allow Landlord does not, within a reasonable amount of time, take actions necessary to end such emergency, Tenant may take the minimum steps reasonably necessary to end the emergency at Landlord’s expense. All reasonable sums paid by Tenant in taking such actions as are permitted by the provisions of Section 9(f) above shall be paid by Landlord access to within thirty (30) days after receipt of Tenant’s demand therefor. After the Premises for purposes emergency has ended, any repair required of the repair. Before exercising any of the remedies Landlord under this Lease shall be made by Landlord in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination terms of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk repair required of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas Tenant under this Lease shall be damaged made by fire, rain, wind, or other cause beyond Tenant in accordance with the control terms of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawLease.
Appears in 5 contracts
Sources: Lease Agreement (Savvis Communications Corp), Lease Agreement (Savvis Communications Corp), Lease Agreement (Savvis Communications Corp)
Repairs and Maintenance. It is 18.1. Landlord shall repair and maintain the responsibility structural and exterior portions and Common Area of the Tenant(s) Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; base Building plumbing; base Building fire sprinkler systems (if any); base Building HVAC systems up to notify the Landlord immediately of any needed repair first damper or unsafe condition existing around or in isolation valve that serves the Premises (for purposes of clarity, the portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises, and any supplemental HVAC serving the Premises shall not be part of the base Building HVAC and shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); elevators; and base Building electrical systems installed or furnished by Landlord.
18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises (including but not limited to cracks the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises) and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the foundationexpiration or sooner termination of the Term, cracks sun-ender the Premises to Landlord in plasteras good a condition as when received, moisture ordinary wear and tear excepted and with the Tenant Improvements in walls substantially the same condition as existed on the date the Tenant Improvements were completed; and ceilingshall, buckling sheetrock or sidingat Landlord’s request and Tenant’s sole cost and expense, or remove all telephone and data systems, wiring and equipment from the Premises, and repair any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those Premises caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessarythereby. Landlord shall have no obligation to repair alter, remodel, improve, repair, decorate or paint the Premises or any defective conditionpart thereof, nor shall any defense or remedy be available other than pursuant to the Tenant(s), where terms and provisions of the defective condition complained Work Letter.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of was caused by the Tenant, ▇▇▇▇▇▇need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s family, invitee, licenseeexpense.
18.4. If any excavation shall be made upon land adjacent to or under the Building, or other shall be authorized to be made, Tenant shall afford to the person acting under the control causing or direction of the Tenant(s)authorized to cause such excavation, or where the Tenant unreasonably fails license to notify the Landlord of the condition or allow the Landlord access to enter the Premises for purposes the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises Building and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an endProject. In the eventevent of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the damage is caused event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6. Costs incurred by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there Landlord pursuant to this Article shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawconstitute Operating Expenses.
Appears in 4 contracts
Sources: Lease (Erasca, Inc.), Lease Agreement (Erasca, Inc.), Lease (Erasca, Inc.)
Repairs and Maintenance. It is (a) Landlord shall maintain the responsibility roof and exterior of the Tenant(sBuilding, parking areas and all driveways, and landscaping, which expenses shall be paid as additional rent. All charges to the Tenant shall be accompanied by invoices or other verification.
(b) Except as set forth in subparagraph (a) above, Tenant shall take good care of the Premises and at its own cost and expense, keep and maintain the interior of the Premises, and shall make all repairs, including repairs to notify the HVAC system, at any time during the term of this Lease as and when needed to preserve them in good working order and condition without limiting the obligations of the Tenant as aforesaid, the Tenant shall repair and maintain the air conditioning, electrical, heating and plumbing fixtures and systems, as aforementioned, and shall generally maintain the interior of the Premises and shall, at the expiration of the term, deliver up the Premises in good order or condition, damages by the elements, fire and other causes beyond the reasonable control of Tenant and ordinary wear and tear excepted. Tenant shall maintain the premises consistent with maintenance required by first-class office/warehouse buildings.
(c) Except for repairs or expenses caused by the negligence of parties other than the Tenant or its invitees and for any repairs or expenses covered by any warranty on the Building, Tenant agrees to pay to Landlord as additional rent all of the actual reasonable expenses incurred by Landlord in maintaining the roof and exterior of the Building, parking areas and all driveways, snow plowing, and landscaping, including sewer connection charges.
(d) Tenant shall pay the aforesaid additional rent for the actual reasonable expenses incurred by the Landlord immediately under this paragraph by the fifth day of the month following the completion of the work or payment of any needed repair or unsafe condition existing around or expenses by the Landlord, as billed by the Landlord.
(e) Notwithstanding the above, Landlord will be responsible for costs incurred in connection with the Premises original design and construction of the Building, including but not limited to cracks any repair, restoration, capital improvements or maintenance caused by any defects in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock design or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction construction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.Building;
Appears in 4 contracts
Sources: Lease Agreement (SunGard VeriCenter, Inc.), Lease Agreement (Sungard Capital Corp Ii), Lease Agreement (Sungard Data Systems Inc)
Repairs and Maintenance. It is 18.1. Landlord shall repair and maintain the responsibility structural and exterior portions and Common Areas of the Tenant(s) Building and the Project, including, without limitation, roofing and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevators, and electrical systems installed or furnished by Landlord. Any costs related to notify the Landlord immediately repair or maintenance activities specified in this Section 18.1 shall be included as a part of Operating Expenses, unless such repairs or maintenance is required in whole or in part because of any needed repair negligent or unsafe condition existing around wrongful act or in the Premises including but not limited to cracks in the foundationomissions of Tenant, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance.
18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall be made at the Tenant’s sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of and expense keep the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal and every part thereof in good condition and repair, damage thereto from ordinary wear and tear itemsexcepted. Tenant shall, upon the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility expiration or sooner termination of the Tenant(s)Term, must be pre-approved surrender the Premises to Landlord in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessarygood of a condition as when received, ordinary wear and tear excepted. Landlord shall have no obligation to repair any defective conditionalter, nor shall any defense remodel, improve, repair, decorate or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case paint the Premises or surrounding areas any part thereof, other than pursuant to the terms and provisions of Section 4 hereof.
18.3. Landlord shall not be damaged by fire, rain, wind, liable for any failure to make any repairs or other cause beyond the control to perform any maintenance that is an obligation of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4. Repairs under this Section 18 that are obligations of Landlord or are subject to allocation among Tenant and other tenants as Operating Expenses, except as otherwise provided in this Section 18.
18.5. This Section 18 relates to repairs and maintenance arising in the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense ordinary course of operation of the Landlord; Building and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction Project and from thenceforth this Lease Agreement shall cease and come to an endany related facilities. In the eventevent of fire, the earthquake, flood, vandalism, war or similar cause of damage is caused by the act or destruction, Section 22 shall apply in lieu of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawthis Section 18.
Appears in 4 contracts
Sources: Lease (CareDx, Inc.), Lease (CareDx, Inc.), Lease (CareDx, Inc.)
Repairs and Maintenance. It is the responsibility 11.1 Commencing as of the Tenant(s) to notify Commencement Date and until the Landlord immediately end of any needed the Lease Term, Tenant, at its expense, shall take good care of and keep in good order and repair (damage or unsafe condition existing around or in destruction by fire, other casualty and ordinary wear and tear excluded), the Premises including but not limited to cracks in the foundationLeased Premises. Tenant shall:
A. make all repairs inside and outside, cracks in plasterordinary and extraordinary, moisture in walls structural and ceilingnonstructural, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs as necessary to maintain premises shall be done by or under preserve the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or inviteesLeased Premises in Good Condition, which repairs shall be made at the sole cost performed in a first class workmanlike manner. If any element of the Tenant(s). Such repairs Leased Premises cannot be so repaired, Tenant shall be made to conform to replace that element so that the original condition of the Leased Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as restored to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at Good Condition.
B. promptly pay the expense of all such repairs;
C. suffer no waste on or injury to the Tenant(sLeased Premises;
D. keep all sidewalks, curbs and parking areas within the Leased Premises in good repair and free from dirt and rubbish;
E. give prompt notice to Landlord of any fire or other casualty that may occur; and
F. repair promptly all injury done by the installation or removal of furniture, fixtures, equipment, machinery and personal property of Tenant.
11.2 Landlord, its agents or representatives, shall have the right to enter upon the Leased Premises at all reasonable times, as provided in Section 17 below. If Landlord reasonably deems any repairs are necessary for which Tenant is responsible under Section 11.1, Landlord may demand in writing that Tenant make such repairs; and if Tenant either refuses or neglects to commence such repairs within thirty (30) days of Tenant's receipt of such written demand or fails to complete the same in a commercially timely manner, Landlord may make or cause such repairs to be made in a reasonable manner designed to avoid interference with the business of Tenant and Landlord shall become part not be responsible to Tenant for any loss or damage that may accrue to Tenant's business by reason thereof (except to the extent of the Premises negligence or willful misconduct of Landlord or its agents), and if Landlord makes or causes such repairs to be made, the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous reasonable cost thereof paid by Landlord shall constitute Additional Rent payable on the first day of the next succeeding month; provided, that Landlord shall provide written notice to Tenant, not less than five (5) business days before the due to potential risk date for such Additional Rent, advising Tenant of fire or which will increase the rate of insurance on said Premisescost incurred by Landlord for any such repair. In case the Premises or surrounding areas Nothing contained herein shall be damaged by fire, rain, wind, or other cause beyond the control of the construed as imposing any obligation on Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until make any such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawrepairs.
Appears in 4 contracts
Sources: Lease Agreement (Emeritus Corp\wa\), Lease Agreement (Emeritus Corp\wa\), Lease Agreement (Emeritus Corp\wa\)
Repairs and Maintenance. It is (a) Should it become necessary during the responsibility Term hereof to repair the structure of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises Building, including but not limited to cracks in the foundationroof, cracks in plasterexterior walls, moisture in walls floor slab, windows, and ceiling, buckling sheetrock or siding, exterior doors or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction portion of the LandlordBuilding systems, the Lessor shall make such repairs at the Landlord’s its sole cost and expense, except those caused within a reasonable time after notice to do so by Lessee, unless such repairs are required as the result of the gross negligence or acts willful misconduct of Tenant(s)Lessee, Tenant’s agentsand in this event, or invitees, which such necessary repairs shall be made by Lessee at its expense.
(b) Lessee shall keep the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairsPremises, including laborall equipment, materialin good condition and repair and in a good, clean and parts used, which are safe condition at all times during the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination Term of this Lease and tenancy. Tenant(sreturn the same to the Lessor at any termination hereof in as good condition and state of repair as the same are in as of the commencement of the Term hereof, except for loss or damage occasioned by reasonable wear and tear or excepted perils as hereinafter defined.
(c) In the event that during the Term hereof any alteration, addition, or other change to the Premises, or any portion thereof, is required to be made by the enactment, amendment or repeal of any statute, ordinance, rule or regulation, or by the rendering of any judicial or administrative decision, then and in that event:
(i) if such alteration, addition or change is required solely by reason of the manner or mode or character of Lessee's use of the Premises, Lessee shall have the right to terminate this Lease by giving notice to Lessor, in which case this Lease shall terminate as of the date that is sixty (60) days after the date of such notice is given; if Lessee shall not permit elect to terminate this Lease, Lessee shall make such alteration, addition or change at Lessee's expense and in compliance with the terms of this Lease;
(ii) if said alteration, addition or change is required for any act reason, including, but not limited to, a structural defect in or thing deemed hazardous other condition relating to the Premises which was in existence as of the date hereof, then said alteration, addition or change shall be made and paid for by Landlord due Lessor.
(d) Lessor, its agents and representatives, may enter upon the Premises at any reasonable time and without unreasonably interfering with Lessee's business, after 24 hour advance notice to potential risk Lessee, emergencies excepted, for the purpose of fire or which will increase inspecting the rate same.
(e) Notwithstanding the foregoing provisions, if Lessee has actual knowledge of insurance on said Premises. In case any condition reasonably requiring any repair to the Premises or surrounding areas shall be damaged by firerequiring the performance of any other act, rain, wind, and a delay in the performance thereof may result in material loss or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture Lessee shall have the right, at its option, to make such repairs or perform such act promptly without obtaining Lessor's prior approval if otherwise required hereunder. Lessee shall as soon as practicable thereafter notify Lessor of the facts and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will entitled to be no rent reductionsreimbursed promptly for all its reasonable costs incurred in connection therewith, adjustments, or other compensation due provided it is not Lessee's responsibility under this Lease to repairs or interruptions of service except as provided by lawmake said corrections.
Appears in 3 contracts
Sources: Purchase Agreement (Hipp W Hayne), Purchase Agreement (Liberty Corp), Purchase Agreement (Royal Bank of Canada)
Repairs and Maintenance. It is Landlord, at its sole cost and expense, will promptly make all replacements (as opposed to repairs and maintenance) of capital items serving the responsibility of Project in a manner consistent with the Tenant(s) standards prevailing from time to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including time for Comparable Class Buildings, including, but not limited to cracks in the foundationroof, cracks in plasterfoundation and structural elements of the Buildings, moisture in walls the HVAC system, major elevator components and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage the main equipment and systems providing services to the unitProject including without limitation, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction Project-wide sprinkler systems, mechanical, electrical, life safety and plumbing systems, elevators, the fire alarm systems and repaving of the LandlordParking Area, at unless the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls need for maintenance for which no any such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage replacement is caused by the act 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 Tenant(s)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 someone in HVAC but not to include elevators) which renders all or on 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 reason Landlord (or whether such item is not in need of replacement and is instead part of Tenant’s permission 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 consentwhether 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, there 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 no reduction final and binding. The losing party shall pay the fees and costs of rent and Tenant(s) such third engineer. At a minimum, each of the engineers shall be liable 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 Project (including, without limitation, all costs furniture, trade fixtures and equipment of repair. Should Landlord notify Tenant(sTenant, all areas devoted to corridors, elevator lobbies, restrooms, mechanical rooms, janitorial closets, electrical and telephone closets, vending areas, lobby areas, refuse dumpsters, loading docks and other similar facilities, Building stairs, Building elevator shafts, elevator mechanical rooms, fire towers, Building electrical, mechanical and telephone rooms, electrical, communications and mechanical chases, projections, flues, vents, stacks, pipe shafts and other vertical penetrations, ducts and chases) of intent to in a clean, replace carpets 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 paint earlier termination of this Lease, Tenant will surrender and deliver the Premises to Landlord in a similar condition in which they existed at the commencement of this Lease excepting reasonable wear and tear and damage arising from either an insurable casualty or any cause not required to be repaired by Tenant. Tenant shall be obligated to repair any damage incurred in connection with any removal of Tenant’s furniture, equipment or other personal property by Tenant or its agents, representatives or employees, provided that Tenant shall not be obligated to repair any damage to any area which Landlord has notified Tenant in writing that it intends to refurbish or remove in connection with renovation of the Project for re-letting. This Section shall not apply in the case of damage or destruction by fire or other casualty which is covered by insurance maintained by Landlord or Tenant on the Project (as to which Section 15 hereof shall apply) or damage resulting from an eminent domain taking (as to which Section 17 hereof shall apply). To the extent possible, Landlord will assign to Tenant the benefit of any manufacturer’s warranties and guaranties with respect to the items installed by Landlord but to be maintained by Tenant regarding the Project. Landlord will obtain the warranties and guaranties as may be expressly required in the final approved Construction Documents for the Premises, moving furniture and wall hangings shall . Landlord will use reasonable efforts to cause Tenant to be the duty and expense a third party beneficiary of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawLandlord’s construction contract with its 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. It is (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the responsibility Term of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in this Lease, shall keep and maintain the Premises including but not limited in good order and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaksadvise Landlord of Tenant’s desire to have Landlord make such repairs. If ▇▇▇▇▇▇(s) fails to immediately notify requested by Tenant, Landlord of visible problems, which result in damage shall make such repairs to the unitPremises within a reasonable time of notice to Landlord. When used in this Article 14, then Tenant(s) becomes liable for cost of resultant damagethe term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises.
(b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises.
(c) Landlord shall maintain premises all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be done by or under included as a portion of Recognized Expenses as provided in Article 6 hereof.
(d) Landlord, throughout the direction Term of this Lease, shall make all necessary repairs to the Building outside of the LandlordPremises and the common areas, at including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof.
(e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s expenseobligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building.
(f) Notwithstanding anything herein to the contrary, except those caused repairs to the Premises, Building or Project and its appurtenant common areas made necessary by negligence a negligent or acts willful act or omission of Tenant(s)Tenant or any employee, Tenant’s agentsagent, contractor, or invitees, which repairs invitee of Tenant shall be made at the sole cost and expense of the Tenant(s). Such repairs shall be made to conform Tenant, except to the original condition extent of insurance proceeds received by Landlord.
(g) Landlord shall provide Tenant with janitorial services for the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end Monday through Friday of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies each week in accordance with the Landlord-guidelines set forth in Exhibit “D” attached hereto and the Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent pay its Allocated Share of the Landlord. cost thereof as Additional Rent as provided in Article 6 hereof.
(h) If written consent is given, such alterations Landlord shall be at the expense fail to perform any of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of its obligations under this Lease and tenancy. Tenant(ssuch failure continues for a period of more than thirty (30) shall not permit any act or thing deemed hazardous by Landlord due to potential risk days after receipt of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, windwritten notice from Tenant specifying such failure, or other cause if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the control of time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired default within a reasonable time at the expense of the Landlord; such thirty (30) day period and in case the damage is so extensive as diligently pursued such efforts to render the Premises unfit for human habitation, the rent shall cease until complete such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(scure), Tenant may, in addition to any other remedy available at law or someone in or on equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the Premises by reason obligation of Tenant’s permission or consent, there shall be no reduction of rent Landlord specified in such notice and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint deduct such expense from the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawFixed Rent.
Appears in 3 contracts
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. It is the responsibility (a) Except with respect to Landlord Repairs (as defined below) and any other obligations of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or expressly set forth in this Lease, Tenant, at Tenant’s expense, shall keep and maintain the Premises in good order and condition including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All promptly making all repairs necessary to keep and maintain premises such in good order and condition. When used in this Lease, “repairs” shall be done by include repairs and any reasonably necessary replacements. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or advising Landlord of Tenant’s desire to have Landlord make such repairs, in which case Tenant shall pay to Landlord for such repairs at Landlord’s then-standard rate. To the extent that Tenant requests that Landlord make any other repairs that are Tenant’s obligation to make under the direction of the Landlordthis Lease, Landlord may elect to make such repairs on Tenant’s behalf, at the LandlordTenant’s expense, except those caused by negligence or acts and Tenant shall pay to Landlord such expense along with the Administrative Fee. If there is an uncured Event of Tenant(s)Default, Tenant’s agents, or invitees, which Landlord may elect to require that Tenant prepay the amount of such repair. All Tenant repairs shall be made comply with Laws and utilize materials and equipment that are at the sole cost of the Tenant(s). Such repairs shall be made least equal in quality to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancythose being repaired. In addition, if Tenant shall maintain, at Tenant’s expense, Tenant’s Supplemental HVAC, Premises Hot Water Heaters, and/or Alterations in a Tenant(s) calls for maintenance for which no such maintenance is needed clean and safe manner and in proper operating condition throughout the Term. “Tenant’s Supplemental HVAC” means any supplemental HVAC system serving the Premises (false callregardless of who installed it). “Premises Hot Water Heater” means any hot water heater serving the Premises (regardless of who installed it), Tenant(s) will including without limitation expansion tanks and any associated piping. Tenant shall maintain Tenant’s Supplemental HVAC under a service contract with a firm and upon such terms as may be charged for the service call. Any repairsreasonably satisfactory to Landlord, including labor, materialinspection and maintenance on at least a semiannual basis, and parts usedprovide Landlord with a copy thereof. Tenant shall maintain Premises Hot Water Heaters under a service contract with a firm and upon such terms as may be reasonably satisfactory to Landlord, which including inspection and maintenance on at least an annual basis, and provide Landlord with a copy thereof. Within 5 business days after Landlord’s request, Tenant shall provide Landlord with evidence that such contracts are in place. Further, Tenant shall ensure that all Premises Hot Water Heaters installed by Tenant have a working automatic water shut-off device with audible alarm and a leak pan underneath. All repairs to the responsibility Building and/or the Project made necessary solely by reason of the Tenant(s)installation, must be pre-approved in writing by the Landlord. Landlord maintenance, and operation of Tenant’s Supplemental HVAC, Premises Hot Water Heaters, and Alterations shall be Tenant’s expense. In the sole judge event of an emergency, such as to what repairs are necessary. a burst waterline or act of God, Landlord shall have no obligation the right to repair any defective conditionmake repairs for which Tenant is responsible hereunder (at Tenant’s cost) without giving Tenant prior notice, nor but in such case Landlord shall any defense provide notice to Tenant as soon as practicable thereafter, and Landlord shall take commercially reasonable steps to minimize the costs incurred. Further, Landlord shall have the right to make repairs for which Tenant is responsible hereunder (at Tenant’s cost) with prior notice to Tenant if Landlord believes in its sole and absolute discretion that the repairs are necessary to prevent harm or remedy be available damage to the Tenant(s)Building, where and Landlord shall take commercially reasonable steps to minimize the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawincurred.
Appears in 3 contracts
Sources: Lease (Passage BIO, Inc.), Lease (Passage BIO, Inc.), Lease Agreement (Passage BIO, Inc.)
Repairs and Maintenance. It is 18.1. Tenant, at its sole cost and expense, shall maintain and keep the responsibility of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises Premises, all improvements thereon, and all appurtenances thereto, including but not limited to cracks sidewalks, parking areas, curbs, roads, driveways, lighting standards, landscaping, sewers, water, gas and electrical distribution systems and facilities, drainage facilities, and all signs, both illuminated and non-illuminated that are now or hereafter on the Premises, in good condition (ordinary wear and tear excepted) and in a manner consistent with the foundationPermitted Use provided, cracks in plasterhowever, moisture in walls and ceilingTenant shall not be required to maintain any of the foregoing to the extent such maintenance is the responsibility of an owners’ association, buckling sheetrock or siding, City of San Diego or any leaksutility provider. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problemsTenant shall make all repairs, which result in damage to replacements and improvements, including, without limitation, all structural, roof, HVAC, plumbing and electrical repairs, replacements and improvements required, and shall keep the unit, then Tenant(s) becomes liable for cost of resultant damagesame free and clear from all rubbish and debris. All repairs made by Tenant shall be at least equal in quality to the original work, and shall be made only by a licensed, bonded contractor approved in advance by Landlord (which shall not be unreasonably withheld, conditioned or delayed); provided, however, Tenant may make such repairs using its own personnel so long as it hires personnel with adequate experience and qualifications in performing such work; provided, further, that such contractor or qualified personnel need not be bonded or approved by Landlord if the Alterations, repairs, additions or improvements to be performed do not exceed Seventy-Five Thousand Dollars ($75,000) per occurrence or an aggregate amount of One Hundred Seventy-Five Thousand Dollars ($175,000) in any twelve (12) month period. Tenant shall not take or omit to take any action, the taking or omission of which shall cause waste, damage or injury to the Premises, ordinary wear and tear excepted.
18.2. Tenant shall, and shall cause Tenant’s contractors or agents to, maintain the lines designating the parking spaces in good condition and paint the same as often as may be necessary, so that they are discernable at all times; resurface the parking areas as necessary to maintain premises them in good condition; paint any exterior portions of the Building as necessary to maintain them in good condition; maintain the roof and landscaping in good condition; maintain sight screens, barricades or enclosures around any waste or storage areas; and take all reasonable precautions to insure that the drainage facilities of the roof are not clogged and are in good and operable condition at all times; provided, however, Tenant shall not be required to maintain any of the foregoing that are the responsibility of any Governmental Authority or an owners’ association to maintain.
18.3. There shall be done no abatement of Rent and no liability of Landlord by reason of any injury to or under interference with Tenant’s business arising from the direction making of any repairs, Alterations or improvements in or to any portion of the Premises, or in or to improvements, fixtures, equipment and personal property therein unless such damage is caused by Landlord or its agents’ gross negligence or willful misconduct.
18.4. Landlord shall not be required to maintain or make any repairs or replacements of any nature or description whatsoever to the Premises. Except for repairs arising as a result of damage caused by Landlord or its agents’ gross negligence or willful misconduct, Tenant hereby expressly waives the right to make repairs at the expense of Landlord as provided for in any Applicable Laws in effect at the time of execution of this Lease, or in any other Applicable Laws that may hereafter be enacted, and waives its rights under Applicable Laws relating to a landlord’s duty to maintain its premises in a tenantable condition. Notwithstanding the foregoing, if Tenant shall fail during the Term, after reasonable notice, to maintain or to commence and thereafter to proceed with diligence to make any repair required of it pursuant to the terms of this Lease, Landlord, without being under any obligation to do so and without thereby waiving such default by Tenant, may so maintain or make such repair and may charge Tenant for the costs thereof. Any expense reasonably incurred by Landlord in connection with the making of such repairs may be billed by Landlord to Tenant monthly or, at the Landlord’s expenseoption, except those caused by negligence or acts of Tenant(s)immediately, Tenant’s agents, or invitees, which repairs and shall be made due and payable within twenty (20) days after such billing or, at Landlord’s option, may be deducted from the sole cost Security Deposit.
18.5. During the Term, Landlord and Landlord’s agents shall have the reasonable right to enter upon the Premises or any portion thereof for the purposes of performing any repairs or maintenance Landlord is permitted to make pursuant to this Lease, and of ascertaining the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises or whether Tenant is observing and performing Tenant’s obligations hereunder, all without unreasonable interference from Tenant or Tenant’s Agents. Except for emergency maintenance or repairs, the right of entry contained in this paragraph shall be exercisable at reasonable times, at reasonable hours and on reasonable notice in compliance with Section 32.3 hereof, conducted in a manner that protects Tenant’s intellectual property and does not unreasonably interfere with Tenant’s business.
18.6. Tenant shall, upon the time expiration or sooner termination of the Tenant(s) took possession. Although Term, surrender the Premises to Landlord repairs normal in as good of a condition as when received, ordinary wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessarycasualty excepted. Landlord shall have no obligation to repair any defective conditionalter, nor shall any defense remodel, improve, repair, decorate or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to paint the Premises for purposes or any part thereof.
18.7. This Article 18 relates to repairs and maintenance arising in the ordinary course of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part operation of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an endrelated facilities. In the eventevent of fire, the earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage is caused by the act or destruction, Article 22 shall apply in lieu of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawthis Article 18.
Appears in 3 contracts
Sources: Lease (Arena Pharmaceuticals Inc), Lease (Arena Pharmaceuticals Inc), Lease (Arena Pharmaceuticals Inc)
Repairs and Maintenance. It a. Landlord shall, subject to the terms of Section 13 and Section 18 hereof and subject to reimbursement from Tenant’s CAM Payment (as applicable), perform diligently, promptly and in a good and workmanlike manner all maintenance, repairs and replacements to: (i) the structural components of the Building, including without limitation the roof, roofing system, exterior walls, bearing walls, support beams, foundations, columns, exterior doors and windows, and lateral support to the Building; (ii) the roof, roofing system, curtain walls and windows, if required to assure watertightness; (iii) any base building systems (including, without limitation, plumbing, fire sprinklers, heating, ventilation and air conditioning systems; electrical and mechanical lines up to the point of connection to the Premises; (iv) the elevators serving the Building; and (v) any other common areas of the Property and Building. Subject to Tenant’s obligations under this Lease (including, without limitation, pursuant to Section 8 above), Landlord shall maintain the Property in compliance with all Legal Requirements. Tenant shall promptly report in writing to Landlord any defective condition known to Tenant which Landlord is required to repair.
b. Tenant at Tenant’s expense but under the direction of Landlord, shall repair and maintain the Premises and the fixtures and appurtenances therein in a first class condition, and keep the Premises in a clean, safe and orderly condition, except to the extent such maintenance is the responsibility of the Tenant(sLandlord pursuant to Section 10(a) to notify above.
c. Notwithstanding the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundationforegoing, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the LandlordTenant’s sole cost and expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation the right to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was make all repairs caused by the negligence or misconduct of Tenant, ▇▇▇▇▇▇’s familyits agents, inviteeindependent contractors, licenseerepresentatives, or other person acting under employers, and Tenant shall promptly reimburse Landlord for the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises reasonable costs and expenses for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawrepairs.
Appears in 3 contracts
Sources: Lease Agreement (Pactiv Evergreen Inc.), Lease Agreement (Reynolds Group Holdings LTD), Lease Agreement (Reynolds Consumer Products Inc.)
Repairs and Maintenance. It is 19.1 Landlord shall repair and maintain in good working condition the responsibility structural and exterior portions and Common Areas of the Tenant(s) Building and the Project 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 installed or furnished by Landlord. Any costs related to notify the Landlord immediately repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses to the extent allowable under Article 8, unless such repairs or maintenance is required in whole or in part because of any needed repair act, neglect, fault or unsafe condition existing around or in the Premises including but not limited to cracks in the foundationomissions of Tenant, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance.
19.2 Except for services of Landlord, if any, required by Section 19.1, Tenant shall be made at the Tenant’s sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of and expense maintain and keep the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal and every part thereof in good condition and repair, damage thereto from ordinary wear and tear itemsexcepted. Tenant shall, upon the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility expiration or sooner termination of the Tenant(s)Term, must be pre-approved surrender the Premises to Landlord in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessarygood of a condition as when received, ordinary wear and tear and casualty excepted. Landlord shall have no obligation to repair any defective conditionalter, nor shall any defense remodel, improve, repair, decorate or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case paint the Premises or surrounding areas shall be damaged by fireany part thereof, rain, wind, or other cause beyond than pursuant to the control 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 the Tenant, then the Premises or surrounding areas to perform any maintenance that is an obligation of Landlord unless such failure shall be repaired within a reasonable persist for an unreasonable time at the expense after Tenant provides Landlord with written notice of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time need of such destruction 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 from thenceforth other tenants as Operating Expenses, except as otherwise provided in this Lease Agreement shall cease Article 19.
19.5 This Article 19 relates to repairs and come to an endmaintenance arising in the ordinary course of operation of the Building and the Project and any related facilities. In the eventevent of fire, the earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage is caused by the act or destruction, Article 23 shall apply in lieu of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawthis Article 19.
Appears in 3 contracts
Sources: Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc)
Repairs and Maintenance. It is (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the responsibility Term of this Lease, shall keep and maintain the Premises in good order and condition (reasonable wear and tear excepted), free of accumulation of dirt and rubbish. Landlord shall, upon written notice from Tenant, promptly make all repairs to the Premises (except for any Alterations made by Tenant to the Base Building Specifications) necessary to keep and maintain such good order and condition and shall charge Tenant by invoice for the cost of such repairs at Landlord’s standard rates (such rate to be competitive with the market rate for such services). Such charges shall be considered Additional Rent and shall be payable by Tenant within thirty (30) days of delivery of an invoice. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary.
(b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Tenant(sPremises.
(c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises.
(d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to notify the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord immediately shall have no responsibility to make any repairs unless and until Landlord receives written notice of any needed the need for such repair or unsafe condition existing around Landlord has actual knowledge of the need to make such repair.
(e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition.
(f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or in the Premises including but not limited to cracks in the foundationProject and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, cracks in plasteragent, moisture in walls and ceiling, buckling sheetrock or sidingcontractor, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord invitee of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs Tenant shall be made at the sole cost and expense of the Tenant(s). Such repairs shall be made to conform Tenant, except to the original condition extent of insurance proceeds received by Landlord.
(g) Landlord shall provide Tenant with janitorial services for the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end Monday through Friday of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies each week in accordance with the Landlord-Tenant Act, Tenant(s) must guidelines as may be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous set forth by Landlord due from time to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawtime.
Appears in 3 contracts
Sources: Full Service Lease (GMH Communities Trust), Full Service Lease (GMH Communities Trust), Full Service Lease (GMH Communities Trust)
Repairs and Maintenance. It is Except to the responsibility extent any of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If following is ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s familyobligation pursuant to Section 4[A], inviteeTenants shall keep the interior, licenseenon-structural portions of the Premises in a clean condition, and in good repair, all according to the statutes and ordinances in such cases made and provided, and the directions of public officers thereunto duly authorized, all at Tenants’ own expense, and shall yield the same back to Landlord, upon the termination of this Agreement, whether such termination shall occur by expiration of the term, or in any other person acting under manner whatsoever, in the control or direction same condition of cleanliness and repair as at the date of the Tenant(s)execution hereof, or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access loss by fire and reasonable wear and tear excepted. Except to the Premises for purposes of the repair. Before exercising extent any of the remedies following is ▇▇▇▇▇▇▇▇’s obligation pursuant to Section 4[A], Tenant shall make all necessary repairs and renewals upon Premises and replace broken fixtures with material of the same size and quality as that broken. If, however, the Premises shall not thus be kept in accordance good repair and in a clean condition by Tenants, as aforesaid, Landlord may enter the same, or by Landlord’s agents, servants or employees, without such entering causing or constituting a termination of this Agreement or an interference with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part possession of the Premises by Tenants, and Landlord may replace the Owner’s property upon termination same in the same condition of repair and cleanliness as existed at the date of execution hereof, and Tenants agree to pay Landlord, in addition to the rent hereby reserved, the expenses of Landlord in thus replacing the Premises in that condition. Tenants shall not cause or permit any waste, misuse or neglect of the water, or of the water, gas or electric fixtures. Tenants will also be in compliance with all laws and regulations during the entire term of this Lease Agreement, except for repairs required of the Landlord to be made and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged damage occasioned by fire, rain, wind, hurricane or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except causes as provided by lawfor in this Agreement.
Appears in 3 contracts
Sources: Lease Agreement, Lease Agreement, Lease Agreement
Repairs and Maintenance. It is 19.1 Landlord shall repair and maintain the responsibility structural and exterior portions and Common Areas of the Tenant(s) to notify Building and the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including Project, including, without limitation, roofing and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevators, and electrical systems (including, but not limited to cracks in to, the foundation, cracks in plaster, moisture in walls emergency generator and ceiling, buckling sheetrock any other UPS systems serving the Building) installed or siding, or any leaksfurnished by Landlord. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage Any costs related to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises repair or maintenance activities specified in this Section 19.1 shall be done by or under included as a part of Operating Expenses (subject to the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(sexclusions set forth in Article 10), unless such repairs or maintenance is required in whole or in part because of any act, neglect, fault or omissions of Tenant’s , its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance.
19.2 Except for services of Landlord, if any, required by Section 19.1, and subject to the terms and conditions of Articles 25 and 26 below, Tenant shall be made at the Tenant’s sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of and expense maintain and keep the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal and every part thereof in good condition and repair, damage thereto from ordinary wear and tear itemsexcepted. Tenant shall, upon the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility expiration or sooner termination of the Tenant(s)Term, must be pre-approved surrender the Premises to Landlord in writing as good of a condition as when received, ordinary wear and tear and damage due to casualty covered by the Landlord. Landlord shall be the sole judge as to what repairs are necessary’s insurance excepted. Landlord shall have no obligation to repair alter, remodel, improve, repair, decorate or paint the Premises or any defective conditionpart thereof except as provided in Section 19.1 of this Lease.
19.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an obligation of Landlord unless such failure shall persist for an unreasonable time (but not to exceed 30 days) after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
19.4 Repairs under this Article 19 that are obligations of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses, nor except as otherwise provided in this Article 19 and in Article 10.
19.5 This Article 19 relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project and any related facilities. In the event of fire, earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage or destruction, Article 25 shall apply in lieu of this Article 19.
19.6 If any defense excavation shall be made upon land adjacent to or remedy under the Building, or shall be available authorized to be made, Tenant shall afford to the Tenant(s)person causing or authorized to cause such excavation, where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails license to notify the Landlord of the condition or allow the Landlord access to enter the Premises for purposes the purpose of performing such work as said person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same as long as such actions do not interfere with Tenant’s Permitted Use and occupancy of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.
Appears in 3 contracts
Sources: Lease (Tocagen Inc), Lease (Tocagen Inc), Lease (Tocagen Inc)
Repairs and Maintenance. It is (a) Except as specifically otherwise provided in subparagraphs (b) through (e) of this Article, Tenant, at its sole cost and expense and throughout the responsibility Term of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in this Lease, shall keep and maintain the Premises including but not limited in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all non-structural repairs necessary to cracks in keep and maintain such good order and condition. Tenant shall have the foundationoption of replacing lights, cracks in plasterballasts, moisture in walls tubes, ceiling tiles, outlets and ceiling, buckling sheetrock similar equipment itself or siding, or any leaksit shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If ▇▇▇▇▇▇(s) fails to immediately notify requested by Tenant, Landlord of visible problems, which result in damage shall make such repairs to the unitPremises within a reasonable time of notice to Landlord and shall charge Tenant for such services at Landlord’s standard rate (such rate to be competitive with the market rate for such services). When used in this Article 11, then Tenant(s) becomes liable for cost of resultant damagethe term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant or Landlord shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises.
(b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises.
(c) Landlord shall maintain premises all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 4 with respect to capital expenditures, shall be done by or under included as a portion of Recognized Expenses as provided in Article 4 hereof.
(d) Landlord, throughout the direction Term of this Lease, shall make all necessary repairs to the Building outside of the LandlordPremises and the common areas, at including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Share of the cost of all repairs, as limited under Article 4 with respect to capital repairs, to be performed by Landlord pursuant to this Article 11(d) as Additional Rent as provided in Article 4 hereof.
(e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Project in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Landlord shall maintain the entryway leading to the Premises in a well-lit and good condition and in a manner consistent with the common areas of other class A office buildings in the area.
(f) Tenant shall pay its Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 4 hereof. Landlord’s expenseobligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building.
(g) Notwithstanding anything herein to the contrary, except those caused repairs to the Premises, Building or Project and its appurtenant common areas made necessary by negligence a negligent or acts willful act or omission of Tenant(s)Tenant or any employee, Tenant’s agentsagent, contractor, or invitees, which repairs invitee of Tenant shall be made at the sole cost and expense of the Tenant(s). Such repairs shall be made to conform Tenant, except to the original condition extent of insurance proceeds received by Landlord.
(h) Landlord shall provide Tenant with janitorial services for the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end Monday through Friday of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies each week in accordance with the Landlord-guidelines set forth in Exhibit “D” attached hereto and the Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent pay its Share of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive cost thereof as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except Additional Rent as provided by lawin Article 4 hereof.
Appears in 2 contracts
Sources: Lease (Actua Corp), Lease (Icg Group, Inc.)
Repairs and Maintenance. 8.1 By taking possession of the Premises, Tenant shall be deemed to have conclusively agreed to accept the Premises "AS-IS" and as being in the condition in which Landlord is required to deliver the same and otherwise in good order, condition and repair (except for latent defects). Subject to the provisions of Section 22 below, Tenant shall, at all times during the term hereof and at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair. It is understood and agreed that Landlord has no obligation to alter, remodel, improve, repair, decorate or paint the responsibility of the Tenant(s) to notify the Landlord immediately of Premises or any needed repair or unsafe condition existing around part thereof, except as specified in Section 22 below or in the Premises including but not limited Work Agreement, and that no representations relating to cracks the condition of the Premises, the Building or the Project have been made by Landlord (or any employee or agent thereof) to Tenant, except as may be specifically set forth in this Lease.
8.2 Subject to the foundationprovisions of Section 8.1 above and Section 22 below, cracks Landlord shall maintain the common area, the foundation and structural portions of the Building, and the mechanical and electrical systems providing the services and utilities to be furnished by Landlord pursuant to Section 13.1 below, in plastergood order and condition, moisture provided however, if such maintenance and repairs are caused in walls and ceilingwhole or in part by the act, buckling sheetrock or sidingneglect, fault, or omission of any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problemsduty by Tenant, which result in damage to the unitits agents, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlordservants, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agentsemployees, or invitees, which repairs Tenant shall be made at pay to Landlord the sole reasonable cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any and repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall not be the sole judge as liable for any failure to what make any such repairs are necessary. Landlord or to perform any maintenance unless such failure shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction persist for an unreasonable time after written notice of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time need of such destruction and from thenceforth this Lease Agreement shall cease and come repairs or maintenance is given to an endLandlord by Tenant. In the event, the damage is caused by the act of the Tenant(s), or someone Except as provided in or on the Premises by reason of Tenant’s permission or consentSection 22 hereof, there shall be no reduction abatement of rent and Tenant(s) shall be liable for all costs no liability of repair. Should Landlord notify Tenant(s) by reason of intent any injury to cleanor interference with Tenant's business arising from the making of any repairs, replace carpets alterations or paint improvements in or to any portion of the Building or the Premises, moving furniture or in or to fixtures, appurtenances and wall hangings shall be equipment therein. Tenant waives the duty and right to make repairs at Landlord's expense of the Tenant(s). Tenant(s) understands there will be no rent reductionsunder any law, adjustments, statute or other compensation due to repairs ordinance now or interruptions of service except as provided by lawhereafter in effect.
Appears in 2 contracts
Sources: Lease (Digital Island Inc), Lease (Digital Island Inc)
Repairs and Maintenance. It is 17.1. Landlord shall repair and maintain the responsibility structural and exterior portions and Common Area of the Tenant(sBuilding and the Property, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; common fire sprinkler systems (but excluding sprinkler heads which must be maintained by Tenant); base building HVAC systems (but excluding air handlers exclusively serving the Premises which must be maintained by Tenant); common elevators; and common electrical systems installed or furnished by Landlord.
17.2. Except for services of Landlord, if any, required by Section 17.1 hereof, Tenant will maintain the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) to notify and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Landlord immediately Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of any needed repair or unsafe condition existing around or the Building other than the Premises) and all sprinkler heads located in the Premises, will make all repairs and replacements thereto (excluding structural repairs and replacements, unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary, so as to keep the Premises including in their current condition and state of repair, reasonable wear and tear excepted, and will neither commit nor suffer any active or permissive waste or injury thereof, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord for Tenant as part of this Lease. Landlord will maintain any Building standard air handler or Building standard condenser that exclusively serves the Premises (but any specialty equipment, such as Liebert type units and HEPA filtration units, shall remain Tenant’s responsibility) and sprinkler heads located in the Premises, but Tenant shall be solely responsible for the cost thereof as Additional Rent. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the cleaning of window coverings, mini-blinds and shades, the shampooing and re-stretching of carpet, and the regular painting and decorating of the Premises so as to cracks maintain the Premises in the foundation, cracks in plaster, moisture in walls a first-class condition and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord state of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damagerepair. All repairs necessary bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Tenant at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to maintain premises time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of the Landlord, at by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Landlord’s expense, except those Premises or Building caused by negligence the misuse or acts of Tenant(s)neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or inviteesinvitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, which repairs shall be made at the sole cost or by Tenant moving in or out of the Tenant(s)Premises. Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glassjanitorial service and trash removal from the Premises. Tenant(sTenant covenants and agrees, at its sole cost and expense: (a) shall not paintto comply with all present and future laws, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become ’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the Premises right to refuse to collect or accept from Tenant any waste that is not separate and the Ownersorted as required by Applicable Laws or Landlord’s property upon termination of this Lease sustainability practices, and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by firerequire Tenant to arrange for such collection at Tenant’s sole cost and expense, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within utilizing a reasonable time at the expense of the contractor satisfactory to Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation(e) that Tenant shall pay all costs, the rent shall cease until such time as the Premises will expenses, fines, penalties or damages that may be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), imposed on Landlord or someone in or on the Premises Tenant by reason of Tenant’s permission or consent, there failure to comply with the provisions of this Section.
17.3. Landlord shall be no reduction of rent and Tenant(s) shall not be liable for all costs any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of repairthe need of such repairs or maintenance. Should Landlord notify Tenant(s) of intent Tenant waives its rights under Applicable Laws now or hereafter in effect to clean, replace carpets or paint the Premises, moving furniture and wall hangings make repairs at Landlord’s expense.
17.4. If any excavation shall be made upon land adjacent to or under the duty Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and expense protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease.
17.5. Landlord shall clean the exterior of the Tenant(s)exterior windows of the Building no more than two (2) times per year. Tenant(s) understands there will Tenant, at Tenant’s sole cost and expense, shall be no rent reductions, adjustments, or other compensation due responsible for the regular cleaning of the interior of the exterior windows and any interior windows consistent with Tenant’s obligations under Section 17.2.
17.6. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Property. In the event of a casualty described in Article 23, Article 23 shall apply in lieu of this Article. In the event of eminent domain, Article 24 shall apply in lieu of this Article.
17.7. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or interruptions omissions exceeds the limits of service except as provided any insurance maintained or required to be maintained by lawTenant pursuant to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor and any increase in premium resulting from such claim within thirty (30) days after receipt of an invoice therefor.
Appears in 2 contracts
Sources: Lease (Graybug Vision, Inc.), Lease (Graybug Vision, Inc.)
Repairs and Maintenance. It is (a) Tenant shall keep the responsibility Premises, including the Leasehold Improvements and Tenant's Property (both as hereinafter defined) neat, clean and in good order and condition. Tenant shall give Landlord prompt notice of any damage to or defective condition in any part or appurtenance of the Tenant(s) to notify Premises, the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundationLeasehold Improvements, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or sidingTenant's Property, or any leaks. If ▇▇▇▇▇▇the Building (s) fails including mechanical, electrical, plumbing, heating, ventilating, air conditioning and other equipment facilities and systems located within or serving the Building, collectively sometimes hereinafter referred to immediately notify Landlord of visible problems, which result in damage to as the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s"Building Systems"). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for (i) all broken glass. Tenant(srepairs, replacements and alterations in and to the Premises, the Leasehold Improvements and Tenant's Property, and (ii) for all repairs, replacements and alterations in and to the Building and the Building Systems, the need for which arises out of (A) Tenant's use or occupancy of the Premises; (B) the installation or use of Tenant's Property in the Premises; (C) the moving of Tenant's Property into or out of the Building; or (D) any other act or omission of Tenant or Tenant's Representatives; provided, -------- however, that such repairs, replacements or alterations (other than to Tenant's ------- Property) shall be made by Landlord and Tenant shall pay Landlord within ten (10) days of demand the cost therefor as determined by Landlord, plus 7% for Landlord's overhead and profit. Landlord may, before commencing any such work or at any time thereafter, require Tenant to furnish to Landlord such security in form (including a bond issued by a surety satisfactory to Landlord) and amount as Landlord shall deem necessary.
(b) Tenant shall not paint, re-wallpaper, place a load upon any portion of the floor of the Premises which exceeds the load per square foot which such floor was designed to carry.
(c) Tenant shall not install business machines or otherwise redecorate mechanical equipment which cause noise or make alterations vibration that may be transmitted to the Premises without the written consent structure of the Building.
(d) Landlord (except as provided in subsection 9(a)) shall; at Landlord. If written consent is given's expense, such alterations shall be at repair, replace and maintain the expense external and structural parts of the Tenant(s) and shall become Building which do not constitute a part of the Premises and are not leased to others, and shall perform such repairs, replacements and maintenance in a good and workmanlike manner and using commercially reasonable efforts to minimize disruption to Tenant's business operations and access to the Owner’s property upon termination of this Lease and tenancy. Tenant(sPremises.
(e) shall not permit any act or thing deemed hazardous by Landlord due Except to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is extent caused by the act gross negligence of the Tenant(s)Landlord and except as otherwise provided herein, Landlord shall have no liability to Tenant nor shall Tenant's covenants and obligations under this Lease be reduced or someone abated in or on the Premises any manner whatsoever by reason of Tenant’s permission any inconvenience, annoyance, interruption or consent, there shall be no reduction injury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Lease or by any other tenant's lease or required by law to make in or to any portion of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings the Building or the Building Systems. Landlord shall be use its best efforts to minimize any interference with Tenant's business in the duty and expense Premises on account of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to Landlord's making of such repairs or interruptions of service except as provided by lawchanges.
Appears in 2 contracts
Sources: Sublease Agreement (Accord Networks LTD), Sublease Agreement (Accord Networks LTD)
Repairs and Maintenance. It is a. Tenant shall, throughout the responsibility Term, and at Tenant’s sole cost and expense subject to Section 11(b) of this Lease, keep and maintain the Premises in a neat and orderly condition and in compliance with the Sustainability Standards; and, upon expiration of the Tenant(s) to notify the Landlord immediately Term or earlier termination of any needed repair or unsafe condition existing around or in this Lease, Tenant shall leave the Premises including but not limited to cracks in the foundationbroom clean condition, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal ordinary wear and tear itemstear, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, materialdamage by fire or other casualty alone excepted, and parts used, which are the responsibility of the Tenant(s), must be pre-approved for that purpose and except as otherwise agreed to in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the and Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access will make all necessary repairs and replacements to the Premises for purposes to deliver it in such condition. Tenant shall not permit any waste to the Premises. Tenant shall not use any portion of the repair. Before exercising any of Common Facilities for other than their intended use as reasonably specified by Landlord from time to time.
b. Landlord shall, throughout the remedies in accordance with the Landlord-Tenant ActTerm, Tenant(s) must be current in rent. Tenant(s) shall be responsible for make all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations necessary repairs to the Premises without the written consent of the Landlord. If written consent is givenroof, such alterations shall be at the expense of the Tenant(s) foundation, structural elements and shall become part Building operating systems, mechanical, electrical and HVAC systems and exterior windows and doors of the Premises and other improvements located on the OwnerProperty and the parking, sidewalks and walkways and the Common Facilities. All interior Premises repairs that are necessary to the Premises and are not Landlord’s property upon termination responsibility shall be performed at Tenant’s sole, but reasonable cost and expense. Landlord shall keep and maintain all Common Facilities of this Lease the Property and tenancyany sidewalks, parking areas, curbs and access ways adjoining the Property in a good order and repair, in a clean and orderly condition, free of accumulation of dirt and rubbish and ice and snow and shall keep and maintain all landscaped areas within the Property in a neat and orderly condition. Tenant(s) All repairs and maintenance shall not permit any act or thing deemed hazardous be done in a first class manner in keeping with comparable first class buildings in the locale of the Building. All costs and expenses incurred by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the in connection with Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth ’s obligations under this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(sSection 11(b) shall be liable for all costs included in Operating Expenses unless such expense is expressly excluded from the definition of repairOperating Expenses. Should Landlord notify Tenant(s) of intent On the Commencement Date, Landlord, at landlord’s sole cost and expense, shall cause the Building , including the roof, structure, windows, parking areas and mechanical systems, to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawin good working condition.
Appears in 2 contracts
Sources: Sublease Agreement, Sublease Agreement (Nabriva Therapeutics AG)
Repairs and Maintenance. It is (a) Except with respect to Landlord Repairs (as defined below), Tenant, at Tenant’s expense, shall keep and maintain the responsibility interior, nonstructural portions of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe Premises in good order and condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All promptly making all repairs necessary to keep and maintain premises such in good order and condition (other than ordinary wear and tear, provided “ordinary wear and tear” does not, and shall not be deemed to, include any damage or deterioration that could have been prevented through proper maintenance, or by Tenant’s full and timely performance of its obligations under this Lease) (except to the extent such maintenance, repair or replacement is required as a result of the negligence of Landlord or Landlord’s contractors, employees or agents, in which event it shall be done by or under the direction obligation of Landlord to maintain, repair and/or replace same). When used in this Lease, “repairs” shall include repairs and any reasonably necessary replacements. For purposes of this Section, “nonstructural portions of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs Premises” shall be made at the sole cost of the Tenant(s). Such repairs shall be made deemed to conform to the original condition exclude, without limitation, all plumbing, electric and HVAC systems, whether located in or outside of the Premises at (except for the time Tenant’s Supplemental HVAC and Premises Hot Water Heaters). Tenant shall have the Tenant(s) took possession. Although the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or advising Landlord repairs normal wear and tear itemsof Tenant’s desire to have Landlord make such repairs, the adage “you broke it you in which case Tenant shall pay to fix it” applies Landlord for such repairs at Landlord’s then-standard rate (such rate to be competitive with the Tenant(s) market rate for such services). To the extent that Tenant requests that Landlord make any other repairs that are Tenant’s obligation to make under this Lease, Landlord may elect to make such repairs on Tenant’s behalf, at Tenant’s reasonable expense, and it applies during tenancy as well as Tenant shall pay to Landlord such expense along with the Administrative Fee. All Tenant repairs shall comply with Laws and utilize materials and equipment that are at least equal in quality, number, and usefulness to those originally used in constructing the end of tenancyBuilding and the Premises. In addition, if Tenant shall maintain, at Tenant’s expense, Tenant’s Supplemental HVAC, and/or Alterations in a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for clean and safe manner and in proper operating condition throughout the service callTerm. Any repairs“Tenant’s Supplemental HVAC” means any supplemental HVAC system serving exclusively the Premises and installed by or on behalf of Tenant after the Commencement Date. “Premises Hot Water Heater” means any hot water heater serving exclusively the Premises, including laborwithout limitation expansion tanks and any associated piping, materialbut excluding the under-sink water heater existing on the date of this Lease. Tenant shall maintain Tenant’s Supplemental HVAC under a service contract with a firm and upon such terms as may be reasonably satisfactory to Landlord, including inspection and maintenance on at least a semiannual basis, and parts usedprovide Landlord with a copy thereof. Within five (5) days after Landlord’s request, which are Tenant shall provide Landlord with evidence that such contract is in place. All repairs to the responsibility Building and/or the Project made necessary by reason of the Tenant(s)installation, must be pre-approved in writing by the Landlord. Landlord maintenance, and operation of Tenant’s Supplemental HVAC, Premises Hot Water Heaters, and Alterations shall be Tenant’s expense. In the sole judge event of an emergency, such as to what repairs are necessary. a burst waterline or act of God, Landlord shall have no obligation the right to repair any defective conditionmake repairs for which Tenant is responsible hereunder (at Tenant’s reasonable cost) without giving Tenant prior notice, nor but in such case Landlord shall any defense provide notice to Tenant as soon as practicable thereafter, and Landlord shall take commercially reasonable steps to minimize the costs incurred. Further, Landlord shall have the right to make repairs for which Tenant is responsible hereunder (at Tenant’s reasonable cost) with prior notice to Tenant if Landlord believes in its sole and absolute discretion that the repairs are necessary to prevent harm or remedy be available damage to the Tenant(s)Building, where and Landlord shall take commercially reasonable steps to minimize the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawincurred.
Appears in 2 contracts
Sources: Lease (Cabaletta Bio, Inc.), Lease (Cabaletta Bio, Inc.)
Repairs and Maintenance. It is the responsibility of the Tenant(s(a) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the LandlordTenant shall, at the LandlordTenant’s sole cost and expense, except those caused by negligence or acts of Tenant(s)maintain the interior, Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition non-structural portions of the Premises at in good, clean and safe condition and repair. Without limiting the time generality of the Tenant(s) took possession. Although foregoing, Tenant shall be solely responsible for maintaining and repairing all fixtures, electrical lighting, ceilings and floor coverings, windows, doors, plate glass, skylights, and interior walls within the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancyPremises. In addition, if a Tenant(s) calls Tenant shall be responsible for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing all repairs made necessary by the Landlord. Landlord shall be the sole judge as to what repairs are necessarynegligence or willful misconduct of Tenant, its employees, agents, contractors or invitees. Landlord shall have no obligation to repair any defective conditionalter, nor shall any defense remodel, improve, repair, decorate or remedy be available paint the Premises except as specifically set forth in this Lease. Notwithstanding anything to the Tenant(s)contrary in this Lease, where under no circumstances shall Tenant make any repairs to the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction structural portions of the Tenant(s)Building, or where the Tenant unreasonably fails to notify the unless such repairs are previously approved in writing by Landlord, in Landlord’s sole discretion.
(b) Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations repairing and maintaining the portions of the Premises exterior to the Premises without Building, the written consent structural portions of the Building and the Premises (including, without limitation, the exterior walls and the foundations of the Building), elevators, the roof and sidewalks (including the sidewalks adjacent to the Premises) in good, clean and safe condition and repair. Landlord shall also maintain and repair all landscaping, driveways, parking lots, the underground garage, fences, signs, sidewalks and the Common Areas of the Building, if any, in such condition. Landlord shall be responsible for maintaining and repairing, in good, clean and safe condition and repair, all Building operating systems including, without limitation, the plumbing, heating, electrical, fire life safety, sewer and air conditioning and ventilation systems. The foregoing obligations of Landlord contained in this Section 13(b) are collectively referred to as “Landlord’s Repairs” and shall be included as Operating Expenses except as otherwise provided in Section 7(c). Except as otherwise provided in this Lease, Landlord shall have no liability to Tenant, nor shall Tenant’s obligations under this Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord making any repairs which Landlord is required or permitted by this Lease or by any other tenants’ lease or required by law to make in or to any portion of the Premises; provided, however, that Landlord shall use reasonable efforts to minimize any interference with Tenant’s business at the Premises. If Landlord or Tenant fails to maintain the Premises in good order, condition and repair, Landlord and Tenant, as the case may be, shall give the responsible party thirty (30) days written consent is givennotice to do such acts as are reasonably required to so maintain the Premises. If the responsible party fails to promptly commence such work within such time period and diligently prosecute it to completion, then the other party shall have the right to do such alterations shall be acts and expend such funds at the expense of the Tenant(s) and shall become part of responsible party as are reasonably required to perform such work. Any amount so expended by the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent party shall be paid until by the time responsible party promptly after demand with interest at the “Reference Rate” (formerly, “Prime Rate”) then being charged by the San Francisco main office of Bank of America NT & SA plus two percent (2%) per annum, from the date of such destruction and from thenceforth this Lease Agreement shall cease and come work, but not to an end. In exceed the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided maximum amount then allowed by law.
Appears in 2 contracts
Sources: Net Lease Agreement (Confluent, Inc.), Net Lease Agreement (Confluent, Inc.)
Repairs and Maintenance. It is the responsibility Except as otherwise provided in this Article, Tenant, at its sole cost and expense, shall maintain each of the Tenant(s) to notify the Landlord immediately Demised Properties and each part thereof, structural and non-structural, in good order, condition and repair, including all areas outside of any needed repair buildings (including all sidewalks, driveways, landscaping, trash enclosures, and trash compacting and loading areas on the Demised Properties), and including any roof on any buildings, in a neat and clean condition, and ensuring that debris from the operation of each convenience food store and/or retail automobile fuel station or unsafe condition existing around other Permitted Use on the Demised Properties is cleaned and removed on a regular basis) and, subject to the terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, but subject to Article 11 and Article 12. Without limitation, (a) no Repairs shall result in the Premises including but not limited any structural damage to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, any Demised Properties or any leaks. If ▇▇▇▇▇▇injury to any persons, (sb) fails to immediately notify Landlord Tenant shall ensure that the quality of visible problems, which result in damage materials and workmanship of any Repairs meets or exceeds the quality of materials and workmanship of the Improvements prior to the unitneed for such Repairs; (c) all Repairs shall fully comply with applicable Law, then Tenant(sthe 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’) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done properties or by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(sfranchisor (if applicable). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation duty whatsoever to maintain, replace, upgrade, or repair any defective conditionportion of the Demised Properties, nor shall including any defense structural items, roof or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licenseeroofing materials, or other person acting under any aboveground or underground storage tanks, and Tenant hereby expressly waives the control or direction of the Tenant(s), or where the Tenant unreasonably fails right to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be Repairs at the expense of Landlord, which right may be provided for in any applicable Law now or hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed
1. [***] Indicates material that has been omitted and for which confidential treatment has been requested. All such omitted material has been filed with the Tenant(sSecurities and Exchange Commission pursuant to Rule 24b-2 under the Securities and Exchange Act of 1934, as amended. with all Repairs or fulfill its other obligations as set forth above within thirty (30) and shall become part days after receipt of written notice of the Premises need therefor from Landlord or any other Person describing the applicable Repair or other obligation, then Landlord or its agents may enter the Demised Properties for the purpose of making such Repairs or fulfilling those obligations. Tenant shall pay to Landlord all costs and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous expenses incurred by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within as a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time consequence of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of TenantLandlord’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawactions.
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. It is the responsibility Tenant acknowledges that, with full awareness of its obligations under this Lease, and in light of the Tenant(s) to notify the fact that Landlord immediately of any needed repair or unsafe condition existing around or in acquired the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock from Tenant (or siding, or any leaks. If ▇▇▇▇▇▇(san affiliate of Tenant) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction as of the LandlordCommencement Date, at Tenant has accepted the Landlord’s expensecondition, except those caused by negligence or acts state of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost repair and appearance of the Tenant(s)Premises. Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs Except for normal wear and tear itemsand 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 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 adage “you broke it you pay to fix it” applies to the Tenant(sRequired Condition”) and shall make all repairs and replacements necessary to ensure compliance with the Required Condition. Without limiting the foregoing, Tenant shall promptly make all structural and nonstructural, foreseen and unforeseen, ordinary and extraordinary changes, replacements and repairs of every kind and nature, and correct any patent or latent defects in the Premises, which may be required to put, keep and maintain the Premises in the Required Condition. Tenant will keep the Premises orderly and free and clear of rubbish. Tenant covenants to perform or observe all terms, covenants and conditions of any easement, restriction, covenant, declaration or maintenance covenants of record (collectively, “Easements”) to which the Premises are currently subject or become subject pursuant to this Lease (it applies during tenancy as well as at the end of tenancy. In additionbeing agreed that Landlord shall not amend any Easement or agree to any additional Easement in any manner that will either limit, if a Tenant(s) calls for maintenance for 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 no such maintenance is needed (false callconsent may be withheld in Tenant’s sole, but reasonable, discretion), Tenant(swhether or not such performance is required of Landlord under such Easements, including, without limitation, payment of all amounts due from Landlord or Tenant (whether as assessments, service fees or other charges) will be charged for under such Easements. Tenant shall deliver to Landlord promptly, but in no event later than five (5) business days after receipt thereof, copies of all written notices received from any party thereto regarding the service call. Any repairs, including labor, material, and parts used, which are the responsibility non-compliance of the Tenant(s)Premises or Landlord’s or Tenant’s performance of obligations under any Easements. Tenant shall, must be pre-approved in writing at its expense, use reasonable efforts to enforce compliance with any Easements benefiting the Premises by the Landlordany other person or entity or property subject to such Easements. Landlord shall not be the sole judge as required to what repairs are necessary. Landlord shall have no obligation maintain, repair or rebuild, or to repair make any defective conditionalterations, nor shall replacements or renewals of any defense or remedy be available nature to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licenseePremises, or other person acting under any part thereof, whether ordinary or extraordinary, structural or nonstructural, foreseen or not foreseen, or to maintain the control Premises or direction any part thereof in any way or to correct any patent or latent defect therein except to the extent such action is necessitated by Landlord’s or Agent’s negligence or willful misconduct or by actions taken by or on behalf of Landlord in connection with Landlord’s inspection of the Tenant(s), or where the Premises prior to Landlord’s acquisition of title thereto. Tenant unreasonably fails hereby expressly waives any right to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be repairs at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit Landlord which may be provided for in any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time Law in effect at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent Commencement Date or that may thereafter be enacted. If Tenant shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint abandon the Premises, moving furniture and wall hangings it shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawgive 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. It is a) Tenant shall, throughout the responsibility Term and at Tenant's sole cost and expense, keep and maintain the Premises in a neat and orderly condition; and, upon expiration of the Tenant(s) Term, Tenant shall leave the Premises in good order and condition, ordinary wear and tear, damage by fire or other casualty alone excepted, and for that purpose and except as stated, Tenant will make all necessary non-structural repairs and replacements. Tenant shall not permit any waste, damage or injury to notify the Premises. Tenant shall not use or permit the use of any portion of the Common Facilities for other than their intended use as specified by the Landlord immediately from time to time.
b) Landlord shall, promptly throughout the Term, make all necessary repairs to the structural elements of the Premises, the building, and other improvements located on the Property; provided, however, that Landlord shall have no responsibility to make any needed repair or unsafe condition existing around or repairs unless and until Landlord receives written notice of the need for such repair. Landlord shall keep and maintain all Common Facilities of the Property and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt and rubbish and shall keep and maintain all landscaped areas within the Property in a neat and orderly condition. Notwithstanding anything to the contrary contained herein, Landlord shall be responsible for maintaining and repairing the life, fire, and safety systems and the points of connection thereto to the Premises, and the costs of same shall be included in Annual Operating Costs.
c) Notwithstanding the foregoing, repairs and replacement to the Premises including but not limited to cracks and the Property arising out of or caused by Tenant's specific use, specific manner of use or occupancy of the Premises, by Tenant's installation of alterations, additions, improvements, trade fixtures or equipment in or upon the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock Premises or siding, by any act or omission of Tenant or any leaks. If ▇▇▇▇▇▇employee, agent, contractor or invitee (swhile on the Premises) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs Tenant shall be made at the Tenant's sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense and Tenant shall pay Landlord the reasonable cost of the Tenant(s). Tenant(s) understands there will be no rent reductionsany such repair or replacement, adjustmentsas Additional Rent, or other compensation due to repairs or interruptions of service except as provided by lawwithin 15 days after demand.
Appears in 2 contracts
Sources: Office Space Lease (Broadview Networks Holdings Inc), Office Space Lease (Broadview Networks Holdings Inc)
Repairs and Maintenance. It is (a) The Tenant, at its sole cost and expense, shall maintain, repair and replace as necessary, and keep, in a clean, safe and proper operating condition, the responsibility entire interior and, except as otherwise provided in Section 10(d), the exterior of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises Premises, including but not limited to cracks all windows, doors and glass, all machinery, equipment, lighting, sump pumps, grease traps, controls, mechanical, electrical, plumbing, inventory and appurtenances thereof used by or for the benefit of the Tenant. The Tenant shall be required to perform regular maintenance of the Geothermal System for the Premises, including heating, ventilating and air conditioning equipment and appurtenances thereof and any supplementation, replacement or upgrade approved pursuant to Section 9(b), and to include changing filters but not repairs or replacement of the Geothermal System existing as of the Effective Date or any part or component thereof, including any and all elements of the Geothermal System. The Tenant shall keep the Premises in good order and repair, and in a safe and clean condition, free of dirt, trash, pests, and in all respects in such manner as to comply with all applicable laws and regulations. Notwithstanding the foregoing, the City shall be responsible for the maintenance, repair and replacement of pipes and equipment located below the concrete floor of the Premises, except for grease traps, and unless necessitated by the negligence or willful wrongful act or omission of Tenant, its agents, contractors, invitees or employees. The Tenant shall also maintain and keep, in a clean, safe and proper condition, the Adjoining Areas, and shall arrange for removal of ice and snow from the Adjoining Areas when reasonably necessary. Tenant shall not take any action to interfere with, damage or destroy any of the City’s bollards, chains, parking meters or signage located on or in the Adjoining Areas that are Tenant’s responsibility to maintain.
(b) At the Tenant’s sole cost and expense, Tenant shall enter into and maintain during the entire Term and any Renewal Term service contracts with reputable third-party contractors licensed and insured to maintain and monitor all mechanical, electrical, plumbing, HVAC, and other systems and equipment at the Premises for which Tenant is responsible as provided by Section 10(a), including but not limited to Building operating systems and equipment, as described in Section 10(a). All such service contracts and contractors must (i) comply with all applicable manufacturer’s recommendations, (ii) be terminable without penalty upon thirty (30) calendar days prior Notice, and (iii) be approved by the City prior to the Tenant entering into the service contracts, which approval shall not be unreasonably withheld.
(c) The Tenant, at its sole cost and expense, shall take commercially reasonable precautions and measures to protect the Premises, including the Building and any personal property therein, from flooding (collectively, “Flood Measures”) prior to an impending weather event reasonably expected to have flooding potential. Tenant shall coordinate with the City and its staff on other protective measures to be taken, except that Tenant may not make any physical alteration to the Building without the prior written approval of the City, which shall not be unreasonably withheld.
(d) The City shall (i) maintain, repair, replace and renew the roof, foundation, cracks in plasterexterior walls, moisture in walls and ceilingsprinkler, buckling sheetrock fire suppression and fire alarm systems (including any approved or sidingrequired fire systems installed pursuant to Section 11) of the Building, as and when reasonably required; (ii) shall repair, replace and remotely monitor the Geothermal System (except for such any supplementation, replacements or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage upgrades to the unitGeothermal System installed by Tenant pursuant to Section 9(b) of this Lease), then Tenant(sas and when reasonably required; and (iii) becomes liable shall make all other capital improvements to the Property for cost of resultant damage. All repairs necessary which the Tenant is not responsible to maintain premises make pursuant to Section 10(a) and (b) above (the “Capital Repairs”), provided that the Tenant promptly shall be done by or under give the direction City Notice of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls necessity for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are further provided that the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord damage thereto shall be the sole judge as to what repairs are necessary. Landlord shall not have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was been caused by the Tenant, ▇▇▇▇▇▇’s familyits agents, inviteecontractors, licenseeinvitees or employees, or other person acting under the control or direction of the Tenant(s), or where in which event the Tenant unreasonably fails shall be responsible therefore and shall promptly repair such damage at its sole cost and expense pursuant to notify Section 25. Capital Repairs that are the Landlord responsibility of Tenant to undertake and that the condition or allow Tenant does not undertake after Notice from the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies City in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(sSection 15(a) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations undertaken by the City and invoiced to the Premises without Tenant as Additional Rent. As used in this sub-section (d), a capital improvement means the written consent addition of a permanent structural change or the restoration of some aspect of the Landlord. If written consent is givenProperty that will enhance its overall value, such alterations shall be at the expense of the Tenant(sincrease its useful life or adapt it to a new use.
(e) and shall become part of the Premises and the Owner’s property upon termination of Except as provided in this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitationLease, the rent City shall cease until such time as the Premises will be put in repair. In case have no obligation or liability for repair or maintenance of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings or any part thereof, nor shall the City be under any liability to repair, maintain or replace any electrical, plumbing, heating, air conditioning or other mechanical installation, nor shall the City be obligated to make any improvements of any kind upon the Premises, or to make any repairs, replacements or improvements to any equipment, facilities or fixtures contained therein, all of which shall be the duty and expense responsibility of the Tenant(s). Tenant(s) understands there will Tenant and shall be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except performed as provided by lawSections 10 and 11.
Appears in 2 contracts
Sources: Lease Agreement, Market House Lease Agreement
Repairs and Maintenance. It is (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the responsibility interior and exterior of the Tenant(s) to notify Leased Premises during the Landlord immediately term of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundationLease, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises further agrees that Lessor shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair make any defective condition, nor shall repairs or perform any defense or remedy be available maintenance to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repairLeased Premises. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) Lessee covenants and agrees that it shall be responsible for all broken repairs, alterations, replacements, or maintenance of, including but without limitation, interior and exterior portions of all doors, door checks and operators, windows, plate glass, plumbing, water and sewage facilities, fixtures, electrical equipment, interior walls, ceilings, signs, interior building appliances and similar equipment, heating and air conditioning equipment, and further agrees to be replace any of said equipment when necessary. Tenant(sLessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If after written notice and a 90 day cure period (except in the event of emergencies), Lessee refuses or neglects to commence or complete repairs promptly and adequately, Lessor may cause such repairs to be made, but shall not paintbe required to do so, re-wallpaperand Lessee shall pay the cost thereof to Lessor upon demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, or otherwise redecorate or Lessee shall have the right to make alterations repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed $50,000 provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of $50,000 or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of the Landlord. If written consent is givenLessor, such consent not to be unreasonably withheld. All alterations and additions to the Leased Premises shall be at the expense of the Tenant(s) made in accordance with all applicable laws and shall become part remain for the benefit of Lessor. Lessee further agrees, in the event of making such alterations as herein provided, to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises and arising out of or resulting from the Owner’s property upon termination undertaking or making of this Lease and tenancy. Tenant(s) shall not permit any act said repairs, improvements, Lessee /s/ JR Lessor /s/ RPJ Children's World Purchase Agreement 5/20/99 alterations or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, windadditions, or other cause beyond the control of the Landlord Lessee's failure to make said repairs, improvements, alterations or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawadditions.
Appears in 2 contracts
Sources: Purchase and Sale Agreement (Aei Income & Growth Fund Xxii LTD Partnership), Purchase and Sale Agreement (Aei Real Estate Fund Xv LTD Partnership)
Repairs and Maintenance. It is (a) Tenant shall keep the responsibility of Premises, including the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or Leasehold Improvements (as defined in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(sSection 9(a)), Tenant’s agentsProperty (as defined in Section 9(b)), or inviteesthe lighting, which repairs shall be made at the sole cost walls ceilings, and floors of the Tenant(s). Such repairs shall be made to conform Premises, the property identified as Tenant’s repair obligation on Exhibit E, and any other equipment which use is dedicated to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal Premises, neat, clean and in good order and condition, reasonable wear and tear items, the adage “you broke it you pay excepted. Tenant shall give Landlord prompt notice of any damage to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any or defective condition, nor shall of which it becomes aware or reasonably should become aware, in any defense part or remedy be available to appurtenance of the Tenant(s)Premises, where the defective condition complained of was caused by the Leasehold Improvements, Tenant, ▇▇▇▇▇▇’s family, invitee, licenseeProperty, or the Building including mechanical, electrical, plumbing, heating, ventilating, air conditioning and other person acting under equipment, facilities and systems located within or serving the control or direction of Building (hereinafter the Tenant(s“Building Systems”), or where the . Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paintrepairs, re-wallpaperreplacements and alterations in and to the Premises, or otherwise redecorate or make alterations the Leasehold Improvements, Tenant’s Property, the lighting, walls ceilings, and floors of the Premises, the property identified as Tenant’s repair obligation on Exhibit E, and any other equipment which use is dedicated to the Premises without and for all repairs, replacements and alterations in and to the written consent Building and the Building Systems, the need for which arises out of : (i) Tenant’s use or occupancy of the Landlord. If written consent is givenPremises, reasonable wear and tear excepted; (ii) the installation or use of Tenant’s Property in the Premises; (iii) the moving of Tenant’s Property into or out of the Building; or (iv) any other act or omission of Tenant or Tenant’s Representatives; provided, however, that such repairs, replacements or alterations (other than to Tenant’s Property) shall be made by Landlord and Tenant shall pay Landlord within 10 days of demand the cost therefor plus a 10% Surcharge. Landlord may, before commencing any such work or at the expense of the Tenant(sany time thereafter, require Tenant to furnish to Landlord such security in form (including a bond issued by a surety satisfactory to Landlord) and amount as Landlord shall become part deem reasonably necessary.
(b) Tenant shall not place a load upon any floor of the Premises which exceeds the load per square foot which such floor was designed to carry.
(c) Tenant shall not install business machines or mechanical equipment which cause unreasonable levels of noise or vibration that may be transmitted to the structure of the Building or that otherwise violate any provision of this Lease.
(d) Landlord (except as provided in Section 7(a)) shall, at Landlord’s expense, repair, replace and maintain the external and structural parts of the Building and the Owner’s property upon termination of Building Systems and the Common Areas, and shall perform such repairs, replacements and maintenance with reasonable dispatch, in a good and workmanlike manner. In addition, but notwithstanding anything in this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by to the contrary, Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fireresponsible (subject to either Tenant's reimbursement obligations or Landlord's right to include the cost in Operating Expenses), rainfor the maintenance, windrepair, or other cause beyond the control replacement and alteration of the property identified as Landlord's repair obligation on Exhibit E attached hereto.
(e) Except as provided herein, Landlord or the shall have no liability to Tenant nor shall Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; ’s covenants and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth obligations under this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), be reduced or someone abated in or on the Premises any manner whatsoever by reason of Tenantany inconvenience, annoyance, interruption or injury to business arising from Landlord’s permission making any repairs or consent, there shall be no reduction changes which Landlord is required or permitted by this Lease or by any other tenant’s lease or required by law to make in or to any portion of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings the Project, the Building or the Building Systems. Landlord shall be nevertheless use its best efforts to minimize any interference with Tenant’s business in the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawPremises.
Appears in 2 contracts
Sources: Lease (Plures Technologies, Inc./De), Lease (CMSF Corp)
Repairs and Maintenance. It (a) Landlord, subject to inclusion in Building Operating Expenses, shall maintain and repair in good condition, and replace, if necessary, the structural elements of the Building (including, without limitation, structural portions of the roof, foundation and exterior walls of the Building), excluding reasonable wear and tear, uninsured losses and damages caused by Tenant and/or Tenant Parties (hereinafter defined). For purposes of this Paragraph, the term “exterior walls” shall not include windows, plate glass, office doors, dock doors, dock bumpers, office entries or any exterior improvement made by Tenant. Any structural repair or replacement to any part of the Property resulting from damage caused by Tenant and/or Tenant Parties shall be performed by Landlord, at Tenant’s sole cost and expense, which shall be payable upon demand.
(b) In addition to Landlord’s obligations as set forth above, Landlord shall also maintain in good repair and condition the Common Areas, and provide for pest control, snow and ice removal on or about the Property, except Tenant is responsible for all areas leading to parking areas from the building which includes all entrances, steps, sidewalks and ramps between snow removal occurrences. All costs incurred by Landlord in connection with the obligations in the preceding sentence shall be included in Building Operating Expenses and paid by Tenant in accordance with Paragraph 4 above. Notwithstanding anything contained herein to the contrary, Tenant shall be responsible for maintaining in good condition and repair all vestibules and doorway entrances. Landlord shall not be responsible for janitorial service to the Premises, vestibules or restrooms.
(c) Tenant, at Tenant’s sole cost and expense, shall, at all times during the Lease Term and in accordance with all applicable Legal Requirements, maintain, service, repair and replace, if necessary, and keep in good condition and repair all portions of the Premises which are not expressly the responsibility of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including under this Lease (excluding reasonable wear and tear and casualty), including, but not limited to cracks in the foundationto, cracks in plasterfixtures, moisture in equipment and appurtenances thereto, any windows, plate glass, office doors, dock doors and ancillary equipment, office entries, interior walls and ceilingfinish work, buckling sheetrock floors and floor coverings, water heaters, electrical systems and fixtures, dock bumpers, dock levelers, trailer lights and fans, shelters/seals and restraints, branch plumbing and fixtures up to points of common connection and pest extermination. Tenant further agrees not to obstruct entries, halls, stairways or sidingother Common Areas nor use the same for anything other than their intended purpose, to provide and use carpet protector mats in all locations within the office areas where chairs with casters are used and that the use of the Premises, Parking Area and the Common Areas shall be subject to such reasonable policies and regulations as may be promulgated by Landlord for the comfort and convenience of the owners, occupants and visitors of the Building. Notwithstanding anything to the contrary contained in this Lease, Tenant shall not be required to make, or reimburse Landlord for, any leaks. If ▇▇▇▇▇▇(s) fails capital improvements to immediately notify Landlord of visible problems, which result in damage comply with Legal Requirements unless the same are necessitated due to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition particular use of the Premises at the time the Tenant(s) took possession. Although the or are otherwise reimbursable to Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies pursuant to the Tenant(sexpress terms of this Lease, and provided further that Tenant shall be responsible for the cost of any improvements to the Premises to the extent required to be made due to any changes to Title III of the Americans With Disabilities Act of 1990 enacted after the date of this Lease, but if such improvement is of a nature that it would be required of any commercial use of the Premises (as opposed to being required due to Tenant’s particular use of the Premises), then Tenant shall only be responsible for the portion of the cost of such improvement, amortized over the useful life of the improvement, accruing during the remaining term of this Lease).
(d) Tenant shall bear the full cost (other than for available insurance proceeds, if any) of any non-structural repair or non-structural replacement to any part of the Property resulting from damage caused by Tenant and/or Tenant Parties, which such repair or replacement shall be performed by Landlord at Tenant’s sole cost and it applies during tenancy expense (other than for available insurance proceeds, if any), which shall be paid within thirty (30) days after demand.
(e) Tenant shall perform all repairs and maintenance by a contractor approved by Landlord, in a good and workmanlike manner, using new materials of the same character, kind and quality as originally employed in, on or about the Property; and all such repairs and maintenance shall be in compliance with all applicable Legal Requirements, as well as all requirements of Landlord’s insurance carrier and lender, if any. In the event Tenant fails to properly perform any such repairs or maintenance within a reasonable period of time, Landlord, after thirty (30) days’ prior written notice to Tenant except in case of emergency, shall have the option to perform such repairs on behalf of Tenant, in which event Tenant shall reimburse Landlord, as Additional Rent, the costs thereof within thirty (30) days after receipt of Landlord’s invoice for same.
(f) Tenant shall, at its own expense and in accordance with the requirements of Article 9 below, install, maintain and repair a rooftop heating, ventilation, and air conditioning (HVAC) unit and related ductwork and equipment that serves any clean rooms maintained by Tenant at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed Premises (false callthe “New HVAC Unit”), Tenant(s) will be charged for as well as an emergency back-up power source (the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s“Back-up Power Source”), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair maintain a regularly scheduled preventive maintenance/service contract (“Preventative Maintenance Agreement”) for servicing the New HVAC Unit and shall not be responsible for any defective conditionmaintenance, nor shall repairs or replacement of such unit.
(g) Landlord, on behalf of Tenant, at Tenant’s sole cost and expense, may enter into a Preventative Maintenance Agreement for servicing the five (5) ton HVAC unit to be relocated by Tenant at its expense over the warehouse area of the Premises in accordance with Exhibit B-2 (the “Relocated HVAC Unit”) as well as any defense or remedy be available to other HVAC units exclusively serving the Tenant(sPremises (other than the New HVAC Unit), where the defective condition complained of was caused Such Preventative Maintenance Agreement entered into by Landlord may include, without limitation, all services suggested or recommended by the Tenantequipment manufacturer in the operation and maintenance of such system. Landlord shall perform all repairs and maintenance necessary for the Relocated HVAC Unit as well as any other HVAC units serving the Premises (other than the New HVAC Unit). Tenant shall reimburse Landlord, ▇as an Operating Expense, T▇▇▇▇▇’s familyproportionate share of all of Landlord’s costs in connection with the Preventative Maintenance Agreement, invitee, licensee, or other person acting under the control or direction which amount shall be considered Additional Rent hereunder. Tenant shall reimburse Landlord directly for Landlord’s actual costs of repair and maintenance of the Tenant(sRelocated HVAC Unit as well as other HVAC units exclusively serving the Premises (other than the New HVAC Unit). Tenant will pay the cost of utilities for all heating, air conditioning and ventilation service provided to the Premises. Landlord shall replace, as necessary, any HVAC units exclusively serving the Premises (other than the New HVAC Unit), provided that in connection with any necessary replacement of such HVAC unit during the Term, Tenant will only be charged for the actual costs in monthly installments amortized over the useful economic life of such unit, together with interest at 5% per annum during each calendar year or where portion thereof remaining in the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access Term. Notwithstanding anything to the Premises contrary contained in this Lease, with respect to the Relocated HVAC Unit, for purposes of the repair. Before exercising any of first one (1) year following the remedies Commencement Date, in accordance with the Landlord-no event shall Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, repair or otherwise redecorate or make alterations other charges with respect to the Premises without same in excess of One Thousand and 00/100 Dollars ($1,000.00) except to the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit extent that any act or thing deemed hazardous repair charges result from damage caused by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises its agents or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; contractors in relocating and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawreinstalling said unit.
Appears in 2 contracts
Sources: Lease Agreement (PetVivo Holdings, Inc.), Lease Agreement (PetVivo Holdings, Inc.)
Repairs and Maintenance. It is the responsibility of the Tenant(s(a) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in Tenant shall, at its own sole cost and expense, keep the Premises including but not limited to cracks in the foundationgood order and condition, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear itemsand damage covered by insurance excepted, at all times on and after commencement of the adage “you broke it you pay Term to fix it” applies to and including the Tenant(s) date of the termination of the Term, by lapse of time or otherwise. Tenant shall promptly and it applies during tenancy as well as at adequately repair the end of tenancyPremises and all its component parts, and replace or repair all landscaping and all damaged or broken fixtures, other than trade fixtures, and appurtenances. In addition, if Tenant shall timely and properly maintain all of the Premises including, but not necessarily limited to, mechanical systems, electrical systems, plumbing and sewage systems, foundations and floor slabs, glazing systems, structural steel, masonry walls and wall enclosures, and water tightness of all curtain walls by a Tenant(squalified stationary engineer or otherwise, in accordance with the greater standard of
(i) calls the customary maintenance by prudent operators in the industry;
(ii) that which is necessary so as not to void, diminish, or impair any warranty for maintenance for such component from time to time in effect; and
(iii) that which no is necessary to preserve and protect the useful life of such maintenance is needed component, ordinary wear and tear excepted. In addition, Tenant shall maintain and repair, or cause others to maintain and repair or replace, as the case may be, the roof, and repair any material defect in materials or workmanship relating to the foundation, columns, and structural steel which comprise a part of the Premises. Landlord, not more frequently than annually during the Term (false callexcept in the event of an emergency or extraordinary condition), Tenant(smay cause independent private inspectors, qualified in the specific discipline, to make inspections of any building and building systems on the Premises or segments thereof to determine Tenant's compliance under this Section. If the Tenant does not timely or properly perform repairs as above provided, Landlord may, but is not required to, after twenty (20) will be charged for the service call. Any days' notice to Tenant, make such repairs, including labor, materialreplacements or maintenance in a reasonably diligent fashion, and parts usedTenant shall pay Landlord forthwith upon being billed for same by Landlord the cost thereof plus all overhead, which are the responsibility of the Tenant(s)general conditions, must be pre-approved in writing by the fees and other costs or expenses arising from Landlord's involvement with such repairs, replacements and maintenance. Landlord may, but shall not be required to, enter the sole judge Premises personally or through independent contractors at all reasonable times upon reasonable notice (except in the case of an emergency) to inspect the Premises, and to make such repairs, alterations, improvements and additions to the Premises or to any equipment or fixtures located on the Premises as Landlord deems reasonably necessary and which Tenant failed to what repairs are necessary. do as required in this Lease.
(b) It is intended by Tenant and Landlord that Landlord shall have no obligation obligation, in any manner whatsoever, to repair or maintain the Premises (or the equipment therein), whether structural or nonstructural, all of which obligations are intended, as between Landlord and Tenant, to be those of Tenant. Tenant expressly waives the benefit of any defective conditionstatute now or in the future in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the Premises in good order, nor shall any defense or remedy be available condition and repair.
(c) Prior to the Tenant(s), where commencement of the defective condition complained Lease Landlord received an engineering study of was caused the Premises performed by the Tenant, Eckl▇▇▇ ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction sultants Inc. Exhibit E attached hereto shows a list of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) those matters which must be current in rentcorrected. Tenant(s) shall Tenant agrees to correct the matters listed on Exhibit E, at Tenant's sole cost and expense, to be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to completed no later than the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance dates set forth on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.Exhibit E.
Appears in 2 contracts
Sources: Lease Agreement (Caterair International Inc /Ii/), Lease Agreement (Caterair International Inc /Ii/)
Repairs and Maintenance. It is the responsibility 15.01 Tenant shall take good care of the Tenant(sDemised Premises. Tenant, at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Building, as shall be required by reason of (i) to notify the Landlord immediately performance or existence of any needed repair Tenant’s Work or unsafe condition existing around Tenant’s Changes, (ii) the installation, use or operation of Tenant’s Property in the Premises including Demised Premises, (iii) the moving of Tenant’s Property in or out of the Building, or (iv) the misuse or neglect of Tenant or any of its employees, agents or contractors; but Tenant shall not limited to cracks be responsible for any of such repairs as are required by reason of Landlord’s neglect or other fault in the foundationmanner of performing any of Tenant’s Work or Tenant’s Changes which may be undertaken by Landlord for Tenant’s account or are otherwise required by reason of neglect or other fault of Landlord or its employees, cracks in plasteragents or contractors. Except if required by the neglect or other fault of Landlord or its employees, moisture in walls and ceilingagents or contractors, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the LandlordTenant, at the Landlord’s its expense, except those caused by negligence shall replace all scratched, damaged or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, broken doors or other person acting under glass in or about the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Demised Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) and shall be responsible for all broken glass. Tenant(s) repairs, maintenance and replacement of wall and floor coverings in the Demised Premises and, for the repair and maintenance of all lighting fixtures therein.
15.02 Landlord, at its expense, shall not paintkeep and maintain the Building and its fixtures, re-wallpaperappurtenances, or otherwise redecorate or make alterations to systems and facilities serving the Premises without the written consent of the Landlord. If written consent is givenDemised Premises, such alterations shall be at the expense of the Tenant(s) in good working order, condition and repair and shall become part of make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the Premises and the Owner’s property upon termination Demised Premises, except for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease and tenancy. Tenant(s) lease.
15.03 Except as expressly otherwise provided in this lease, Landlord shall not permit any act or thing deemed hazardous by Landlord due have no liability to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises Tenant by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord’s making any repairs or changes which Landlord is required or permitted by this lease, or required by law, to make in or to any portion of the Building or the Demised Premises, or in or to the fixtures, equipment or appurtenances of the Building or the Demised Premises, provided that Landlord shall use due diligence with respect thereto and shall perform such work, except in case of emergency, at times reasonably convenient to Tenant and otherwise in such manner as will not materially interfere with Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense use of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawDemised Premises.
Appears in 2 contracts
Sources: Lease Agreement (Angion Biomedica Corp.), Lease (Angion Biomedica Corp.)
Repairs and Maintenance. It is the responsibility of the Tenant(s(a) Landlord shall maintain in good order and repair, subject to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear itemsand subject to casualty and condemnation, the adage “you broke it you pay Building (excluding the Demised Premises and other portions of the Building leased to fix it” applies other tenants), the Building parking facilities, the public areas and the landscaped areas. Such maintenance shall be in a manner comparable to other buildings in Wildwood Office Park and shall include, without limitation, the "Maintenance Services", as defined below. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing foregoing necessitated by the Landlordintentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord within fifteen (15) days after demand. Landlord shall not be the sole judge as required to what make any repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available improvements to the Tenant(s), where the defective condition complained of was Demised Premises except structural repairs necessary for safety and tenantability and material repairs necessitated by damage caused by Landlord, its agents or employees acting within the Tenantscope of their agency or employment. The term Maintenance Services shall include (i) maintaining the exterior walls, ▇▇▇▇▇▇’s familyexterior windows, invitee, licensee, or other person acting under the control or direction exterior doors and roof of the Tenant(s)Building, or where common areas, public corridors, stairs, elevators, storage rooms, restrooms, the Tenant unreasonably fails to notify the Landlord heating, ventilating and air conditioning systems, electrical and plumbing systems of the condition or allow Building, the Landlord access to walks, paving and landscaping surrounding the Premises for purposes Building, (ii) grounds care, including, but not limited to, the sweeping of the repair. Before exercising any walks and parking areas and maintenance of the remedies landscaping in accordance an attractive manner, illumination, snow removal, deicing and lawn care, all consistent with the Landlord-Tenant Actgrounds care of Wildwood Office Park, Tenant(s(iii) must be current general maintenance, including supervision, inspections and management functions as typically carried out in rent. Tenant(sWildwood Office Park, and (iv) shall be responsible extermination and pest control services for all broken glass. Tenant(sthe Building (and common areas herein) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.and
Appears in 2 contracts
Sources: Lease Agreement (TSW International Inc), Lease Agreement (Indus International)
Repairs and Maintenance. It is (a) The Tenant shall, at its expense (save and except as provided in Section 6.1(e) below as to certain capital repairs and replacements required during the responsibility last twenty-four (24) months of the Tenant(s) Term), diligently and in a good and workmanlike manner perform such maintenance, repairs and replacements as are required to notify keep the Demised Premises (including the structural components thereof), including the Building Systems and all Services located in, on or about the Demised Premises (including parking areas, driveways, roadways, service areas, and facilities, including those outside the Demised Premises such as sidewalks, boulevards, off-site utility and service connections and in respect of areas and Services shared by users of the Demised Premises and users of other properties, if any, in each case to the extent the Landlord immediately is required to perform or contribute to the same as a result of any its ownership of the Demised Premises) in accordance with the Building Standard. Without limiting the generality of the foregoing, and without notice or demand from the Landlord, the Tenant shall:
(i) maintain and keep, or cause to be maintained and kept, in a good state of repair the Demised Premises, all systems therein and the Leasehold Improvements, and promptly make all needed repair repairs and replacements, including without limitation, the structure, foundations, roof or unsafe condition existing around roof membrane;
(ii) keep the Demised Premises in a well painted, clean and tidy condition, and not permit wastepaper, garbage, ashes, waste or objectionable material to accumulate thereon or in or about the Premises including but not limited to cracks Demised Premises, other than in areas designated by the Landlord;
(iii) repair all damage in the foundationDemised Premises resulting from any misuse, cracks in plasterexcessive use or installation, moisture in walls and ceiling, buckling sheetrock or sidingalteration, or any leaksremoval of Leasehold Improvements, fixtures, furnishings or equipment;
(iv) maintain and keep the sidewalks, parking areas, driveways and landscaping in a good state of repair, and in a clean and tidy condition. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage With respect to the unitsidewalks, then Tenant(sparking areas and driveways such state shall include without limitation, keeping same free from accumulation of dirt, rubbish, snow and ice. With respect to parking areas and driveways, such state shall also include repaving and restriping from time to time. With respect to landscaping, such state shall include without limitation landscaping in such condition as a careful owner would do including the replacement of lawn and landscaping where the Tenant has failed to care for such lawn and landscaping as a careful owner would do; and
(v) becomes liable for cost at the expiration or sooner determination of resultant damage. All repairs necessary the Term, peaceably surrender and yield up unto the Landlord the Demised Premises in good and substantial repair and condition.
(b) The obligations of the Tenant in paragraph (a) above are subject to maintain premises shall be done the following exceptions: (i) injury caused by or under the direction resulting from any Gross Negligence or willful misconduct of the Landlord, at its servants, employees, contractors or those for whom the Landlord is in law responsible (other than Tenant Parties); and (ii) the provisions of Article 10 hereof.
(c) The Landlord may, subject to compliance with the Tenant’s reasonable security and health and safety requirements and, subject to all Gaming Authority Requirements, enter the Demised Premises accompanied by a representative of the Tenant during business hours upon reasonable prior Notice to view the state of repair and condition thereof and the Tenant shall promptly perform according to the Landlord’s expenseNotice any maintenance, except those caused by negligence repairs or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies replacements in accordance with the Landlord-Tenant’s obligations hereunder. The Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, the reasonable costs of such inspection and any required re-wallpaperinspections to confirm the Tenant’s compliance.
(d) If the Tenant fails to maintain, repair or otherwise redecorate or make alterations to the Premises without the written consent replace as provided herein within thirty (30) days of receipt of the Landlord’s Notice in respect of such maintenance, repair or replacement, the Landlord has the right, but not the obligation, to do so, and all reasonable out-of-pocket costs and expenses incurred by the Landlord plus an administrative fee of fifteen (15%) percent of such reasonable costs and expenses shall be payable by the Tenant forthwith after Notice as Additional Rent.
(e) The obligations of the Tenant with respect to the capital repair and/or replacement in respect of the Demised Premises during the last twenty-four (24) months of the Term shall be limited to those set out in Article 9, Article 10 and this Section 6.1(e). To the extent that capital replacements or repairs, the cost of which are reasonably expected to exceed [One Million Dollars ($1,000,000)][NTD: $1,000,000 in the case of Starlight, $1,500,000 in the case of Cascades, and $2,500,000 in the case of Grand Villa], should need to be made to the Demised Premises during the last twenty-four (24) months of the Term in order to maintain the Demised Premises in accordance with the Building Standards, Tenant may elect, by Notice to Landlord (a “Capital Repair Notice”), not to make such capital repair or replacement, and, subject to Article 9 and Article 10 hereof and the other provisions of this Section 6.1(e), the same shall not constitute a default hereunder. For the sake of clarity, to the extent that capital replacements or repairs, the cost of which are reasonably expected not to exceed [One Million Dollars ($1,000,000)][NTD: $1,000,000 in the case of Starlight, $1,500,000 in the case of Cascades, and $2,500,000 in the case of Grand Villa], should need to be made to the Demised Premises during the last twenty-four (24) months of the Term in order to maintain the Demised Premises in accordance with the Building Standards, Tenant shall make such capital replacements or repairs at its sole cost. Upon receipt of such a Capital Repair Notice, Landlord may elect (but shall be under no obligation) to make such capital replacement or repair at its expense, in which event Tenant shall cooperate with Landlord to permit Landlord to do so, or Landlord may elect (but shall not be obligated to do so) to have Tenant perform such capital repairs or replacements at Landlord’s expense. If written consent is givenLandlord makes such capital repairs or replacements, such alterations or pays to have Tenant do so as aforesaid, then, the reasonable cost to finance same shall be at amortized over the expense useful life of the Tenant(s) improvements and the Tenant shall pay, as Additional Rent, the portion of such amortized amount attributable to the remaining Term of the Lease, in monthly installments. Notwithstanding the foregoing to the contrary, in all events Tenant shall be responsible for (and shall become part pay for):
(i) repairs or replacements caused by perils which the Tenant is required to insure against pursuant to the provisions of Section 9.1 hereof or otherwise insures against;
(ii) repairs or replacements attributable to defects in the original design or construction of the Premises and the OwnerTenant’s property upon termination of this Lease and tenancy. Tenant(swork described in Section 7.1 hereof;
(iii) shall not permit any act repairs or thing deemed hazardous replacements caused by Landlord due to potential risk of fire work performed by or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control behalf of the Landlord Tenant;
(iv) repairs or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is replacements caused by the act acts, omissions or negligence of the Tenant(s), Tenant or someone in Tenant Parties or on the Premises by reason of Tenant’s permission its or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense their misuse of the Tenant(s). Tenant(sDemised Premises or parts thereof;
(v) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions replacements caused by the failure of service except as provided the Tenant to complete any maintenance or repairs which the Tenant is required to perform under the terms of this Lease; and
(vi) repairs or replacements which are covered by lawany warranty assigned to the Tenant or that would be covered by a warranty were it not for the acts or omissions of the Tenant.
Appears in 2 contracts
Sources: Agreement of Purchase and Sale (GTWY Holdings LTD), Agreement of Purchase and Sale (Gateway Casinos & Entertainment LTD)
Repairs and Maintenance. It is 16.1 Subject to Landlord’s obligations set forth in Section 16.2 below, Tenant shall keep and service, repair and maintain the responsibility Premises in good condition, including the interior and exterior of the Tenant(s) to notify the Landlord immediately Leased Premises, all electrical, heating, air-conditioning equipment, plumbing, sprinkler system, wiring, piping, fixtures, doors, glass, floor covering, parking lot, fixtures, doors, glass, windows, lighting, snowplowing of driveways, signs, landscaping, equipment and appurtenances and any needed repair other repairs or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs replacements necessary to maintain premises and operate the Premises. Tenant shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform supply janitorial services to the original condition of the Premises at the time the Tenant(s) took possessionLeased Premises. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glassthe maintenance of the parking lot including, but not limited to, patching, general cleaning or sweeping, and sealing and striping the parking lot and driveways. Tenant(sNotwithstanding the provisions of paragraph 5 above, in the event that Tenant replaces any major capital improvement in the Building and the useful life of the improvement is greater than the then remaining term of the Lease, including any extensions, Tenant shall have the additional option, exercisable by written notice to Landlord not more than thirty (30) days after the completion of the improvement in question, to extend the term of this Lease for a period equal to the useful life of the improvement. For this purpose, the useful life of an improvement shall not paintbe determined by an independent engineer or architect with experience in similar work who is selected by the mutual agreement of Landlord and Tenant and if they are unable to agree, re-wallpaperby arbitration in accordance with Section 33 below. A “major capital improvement” shall mean an item (or a series of similar items) requiring an expenditure of greater than $50,000.00, which is properly accounted for as a capital item, and shall include such things as the replacement of furnaces, air conditioning units, elevators, the roof, windows, or otherwise redecorate or make alterations to the Premises parking lots.
16.2 Landlord shall, at its sole expense without the written consent reimbursement, maintain, repair and replace all of the Landlord. If written consent is given, such alterations shall be at the expense roof and structural components of the Tenant(sbuilding (including the foundation, those portions of the exterior walls necessary for the structural integrity of the building, interior load bearing walls, joist, beams and other elements generally affecting the structural integrity of the building, but excluding doors, door frames, windows and window frames and the interior and exterior surfaces of walls) and shall become part of the Premises (collectively, the “Structure”), in good condition and, to that end, shall make, at its expense, all replacements and repairs, to keep the Owner’s property upon termination Structure of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; in good and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction safe repair and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawcondition.
Appears in 2 contracts
Sources: Equity Purchase Agreement (Infrastructure & Energy Alternatives, Inc.), Equity Purchase Agreement (Infrastructure & Energy Alternatives, Inc.)
Repairs and Maintenance. It is the responsibility Landlord’s sole obligations shall be repair, replacement and maintenance of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plasterstructural elements, moisture in walls exterior walls, and ceilingexterior windows of the Property. At Tenant’s expense, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All Tenant shall perform all other maintenance and repairs necessary to maintain premises the improvements in a first class operating condition and repair, both interior or exterior, ordinary or extraordinary, including the roof, window glass, plate glass, store fronts, sidewalks, curbs, parking lots, parking spaces, doors, windows (except exterior windows), screens, awnings, locks, keys, weather stripping and thresholds as well as all interior walls, floors, walls, ceilings and floor coverings. Tenant’s responsibility shall also include landscaping; irrigation; the replacement, servicing, repair and maintenance of equipment and fixtures at the Property, including the heating, ventilation, and air conditioning systems and changing filters for such systems. Tenant shall also repair and be done responsible for the damage caused by stoppage, breakage, leakage, overflow, discharge or under the direction freezing of plumbing pipes, soil lines or fixtures. If any part of the Landlordimprovements is damaged by Tenant, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s employees, agents, or inviteesinvitees or any breaking and entering of said improvements, which Tenant shall provide Landlord with immediate written notification of all damage to the Property. After notification and approval by Landlord, repairs shall be made promptly at Tenant’s expense so as to restore said improvement to its previous condition. If Tenant refuses or neglects to commence the sole cost necessary repairs within thirty (30) days after the written demand by Landlord (other than in the case of the Tenant(semergency). Such , Landlord may (but shall not be required to) make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s stock, business, equipment, or fixtures by reason thereof, and if Landlord makes such repairs, Tenant shall be made pay to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear itemsLandlord, on demand, as Additional Rent, the adage “you broke it you cost thereof. Tenant’s failure to pay shall constitute a default under this Lease. Tenant’s failure to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licenseegive, or other person acting under the control unreasonable delay in giving, notice of needed repairs or direction of the Tenant(s), or where the defects shall make Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets any loss or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, damage resulting from delay or other compensation due to repairs or interruptions of service except as provided by lawneeded repairs.
Appears in 2 contracts
Sources: Triple Net Lease Agreement (Viemed Healthcare, Inc.), Triple Net Lease Agreement (Viemed Healthcare, Inc.)
Repairs and Maintenance. It is the responsibility Landlord's sole obligations shall be repair, replacement and maintenance of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plasterstructural elements, moisture in walls exterior walls, and ceilingexterior windows of the Property. At Tenant's expense, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All Tenant shall perform all other maintenance and repairs necessary to maintain premises the improvements in a first class operating condition and repair, both interior or exterior, ordinary or extraordinary, including the roof, window glass, plate glass, store fronts, sidewalks, curbs, parking lots, parking spaces, doors, windows (except exterior windows), screens, awnings, locks, keys, weather stripping and thresholds as well as all interior walls, floors, walls, ceilings and floor coverings. Tenant's responsibility shall also include landscaping; irrigation; the replacement, servicing, repair and maintenance of equipment and fixtures at the Property, including the heating, ventilation, and air conditioning systems and changing filters for such systems. Tenant shall also repair and be done responsible for the damage caused by stoppage, breakage, leakage, overflow, discharge or under the direction freezing of plumbing pipes, soil lines or fixtures. If any part of the Landlordimprovements is damaged by Tenant, at the Landlord’s expenseor Tenant's employees, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or inviteesinvitees or any breaking and entering of said improvements, which Tenant shall provide Landlord with immediate written notification of all damage to the Property. After notification and approval by Landlord, repairs shall be made promptly at Tenant's expense so as to restore said improvement to its previous condition. If Tenant refuses or neglects to commence the sole cost necessary repairs within thirty (30) days after the written demand by Landlord (other than in the case of the Tenant(semergency). Such , Landlord may (but shall not be required to) make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant's stock, business, equipment, or fixtures by reason thereof, and if Landlord makes such repairs, Tenant shall be made pay to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear itemsLandlord, on demand, as Additional Rent, the adage “you broke it you cost thereof. Tenant's failure to pay shall constitute a default under this Lease. Tenant's failure to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licenseegive, or other person acting under the control unreasonable delay in giving, notice of needed repairs or direction of the Tenant(s), or where the defects shall make Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets any loss or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, damage resulting from delay or other compensation due to repairs or interruptions of service except as provided by lawneeded repairs.
Appears in 2 contracts
Sources: Triple Net Lease Agreement (Viemed Healthcare, Inc.), Triple Net Lease Agreement (Viemed Healthcare, Inc.)
Repairs and Maintenance. It is (a) Except as specifically otherwise provided in Paragraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the responsibility Term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all repairs necessary to keep and maintain such good order and condition, whether such repairs are interior or exterior, ordinary or extraordinary, foreseen or unforeseen. Tenant shall not use or permit the use of any portion of the Tenant(s) to notify Property for outdoor storage. When used in this Article 8, the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls term repairs shall include replacements and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damagerenewals when necessary. All repairs necessary made by Tenant shall 062113 utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. Tenant shall maintain premises all systems in the Premises. Tenant shall pay all costs of maintenance of all systems in the Premises. Notwithstanding the other provisions of this Lease, Tenant shall not be done by required to make any capital repairs or under capital replacements during the direction final two (2) years of the Lease.
(b) Landlord, throughout the Term of this Lease shall, at its sole cost and expense (without pass-through to Tenant) make all necessary repairs to the Landlordroof, floor slab, footings and foundations and the structural steel columns and girders forming a part of the Premises, provided, however, that Landlord shall have no responsibility to make any repair unless and until Landlord receives written notice of the need for such repair. Tenant shall not be required to pay for the cost of all repairs to be performed by Landlord pursuant to this Paragraph (b) as an Operating Expense in accordance with Article 10 or otherwise unless such repair is made necessary because of Tenant’s expense, except those caused by negligence wrongful or negligent acts or omissions or acts and omissions not intended in the design and engineering of Tenant(sthe Building.
(c) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the walls, exterior portions of the Premises and the Building, utility lines, plumbing lines, waste lines, fire protection systems, water lines and all equipment and other utility facilities in the Building (exclusive of any of the foregoing which is within the Premises and located above the floor slab), and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and all other exterior improvements and common areas on the Property which serve all of the tenants of the Building (herein collectively the common areas); provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair. Tenant shall pay its proportionate share of the cost of all repairs to be performed by the Landlord pursuant to this Paragraph (c) as an Operating Expense in accordance with Article 10.
(d) Landlord shall keep and maintain all common areas of the Property and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its proportionate share of the cost of all work to be performed by Landlord pursuant to this Paragraph (d) as an Operating Expense in accordance with Article 10.
(e) Notwithstanding anything herein to the contrary, repairs to the Premises and the Property made necessary by Tenant’s agentsspecific use, manner of use or occupancy of the Property or by Tenant’s installations in or upon the Property, or inviteesby any act or omission of Tenant or any employee, which repairs agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant. Tenant shall not bear the expense of any repairs to the Premises or the Property arising out of or caused by any other tenant’s use, manner of use or occupancy of the Tenant(s). Such repairs Property or by any other tenant’s installations in or upon the Property, or by any act or omission of any other tenant or any other tenant’s employees, agents, contractors or invitees.
(f) Tenant, at Tenant’s cost, shall be made to conform furnish janitorial services to the original condition Premises during the Term of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlordthis Lease. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available furnish janitorial service to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction common areas of the Tenant(s)Property, or where the if any. Tenant unreasonably fails to notify the Landlord shall pay its proportionate share of the condition or allow the cost of such janitorial services to be furnished by Landlord access pursuant to the Premises for purposes of the repair. Before exercising any of the remedies this Paragraph (f) as an Operating Expense in accordance with the Article 10.
(g) The time for Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) ’s performance of any of its obligations under this Lease shall be responsible extended for all broken glass. Tenant(s) shall not paintadditional periods of time equal to the time lost by Landlord or Landlord’s agents, re-wallpapercontractors, subcontractors or suppliers due to strikes or other labor troubles, governmental restrictions and limitations, scarcity, unavailability or delays in obtaining fuel, labor or materials, war or other national emergency, accidents, floods, defective materials, fire damage or other casualties, adverse weather conditions, or otherwise redecorate any cause similar or make alterations dissimilar to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause foregoing beyond the reasonable control of the Landlord or the TenantLandlord’s agents, then the Premises contractors, subcontractors or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repairsuppliers. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.062113
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Faro Technologies Inc)
Repairs and Maintenance. It is Except as otherwise provided in Paragraph 12 of this Lease, and subject to the responsibility provisions of Paragraph 10 of this Lease, Tenant shall, at its sole cost and expense, keep the Tenant(s) Premises in good order, repair and tenantable condition at all times during the Term, and Tenant shall promptly notify Landlord of all damages to notify the Premises and of all damaged or broken glass, fixtures and appurtenances within the Premises and Landlord immediately of any needed shall thereafter repair or unsafe condition existing around replace the same at Tenant's sole cost and expense; provided, however, that Tenant shall not be required to pay for the repair or in replacement of broken or damaged exterior window glass unless such repair or replacement is necessitated by the act, failure to act, or neglect of Tenant, its servants, employees, agents, invitees or guests. The costs paid or incurred by Landlord for such repairs and replacements (including Landlord's overhead and profit, and the cost of general conditions) shall be deemed additional rent reserved under this Lease due and payable forthwith. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make any repairs, alterations, improvements or additions, including but not limited to, ducts and all other facilities for heating and air conditioning service, as Landlord shall desire or deem necessary for the safety, maintenance, repair, preservation or improvement of the Building, or as Landlord may be required or requested to cracks do by the City of Indianapolis or by the order or decree of any court or by any other proper authority. In the event Landlord or its agents or contractors shall elect or be required to make repairs, alterations, improvements or additions to the Premises or to the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any of said work, to temporarily close doors, entry ways, public space and corridors in the foundationBuilding and to interrupt or temporarily suspend any services and facilities without being deemed or held guilty of an eviction of Tenant or for damages to Tenant's property, cracks business or person, and the rent reserved herein shall in plasterno way abate while repairs, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If a▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problemstions, which result in damage to the unitimprovements or additions are being made, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary and Tenant shall not be entitled to maintain premises shall be done any set-off or counterclaim for damages of any kind against Landlord by or under the direction of the Landlordreason thereof. Landlord may, at the Landlord’s expenseits option, except those caused by negligence or acts of Tenant(s)make all such repairs, Tenant’s agentsalterations, improvements, or invitees, which repairs shall be made at additions in and about the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of Building and the Premises during ordinary business hours, but if Tenant desires to have the same done at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear itemsany other time, the adage “you broke it you Tenant shall pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) overtime and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawadditional expenses resulting therefrom.
Appears in 1 contract
Repairs and Maintenance. It is 11.1 Throughout the responsibility term of this Lease, Lessee, at its sole cost and expenses, will keep and maintain, or cause to be kept and maintained, the Tenant(sDemised Premises (including the grounds, sidewalks and curbs abutting the same, the heating, ventilating and air conditioning systems and the roof) and the Personal Property in good order and condition without waste and in a suitable state of repair at least comparable to notify that which existed immediately prior to the Landlord immediately of Commencement Date (ordinary wear and tear expected), and will make or cause to be made, as and when the same shall become necessary, all structural and non-structural, exterior and interior, replacing, repairing and restoring necessary to that end; provided, however, that to the extent Lessee undertakes any needed repair repairs or unsafe condition existing around or in improvements that involve structural changes to the Premises including Demised Premises, including, but not limited to cracks to, replacement of the roof or structural work which requires penetration of the roof, Lessee shall not undertake the same without the prior written consent of Lessor, which consent shall not be unreasonably withheld.
11.2 All replacing, repairing and restoring required of Lessee under this Article shall be (in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(sreasonable opinion of Lessor) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, a quality at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform least equal to the original condition work and shall be in compliance with all standards and requirements of law, licenses and municipal ordinances necessary to operate the Demised Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service callskilled and/or intermediate care nursing home. Any repairs, including labor, material, and parts used, which items of Personal Property that are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord uneconomical to repair shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), replaced where the defective condition complained reasonable by items of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for like kind and all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and replacement items shall become part of the Personal Property. No items of Personal Property shall be removed from the Demised Premises except in connection with repair or replacement of such items.
11.3 Lessee may place additional property on the Demised Premises (not required for the replacement of the Personal Property) and such additional property shall be and remain the Owner’s property of Lessee ("Lessee's Property"). Lessee may remove such additional property upon termination of this Lease and tenancy. Tenant(s) provided that Lessee shall not permit any act make such necessary repairs or thing deemed hazardous by Landlord due replacements as may be required in order to potential risk of fire or return the Demised Premises to the condition which will increase existed prior to the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control removal of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawadditional property.
Appears in 1 contract
Sources: Lease Agreement (LTC Healthcare Inc)
Repairs and Maintenance. It is the responsibility of the Tenant(s(a) Subject to notify the Landlord immediately of any needed Tenant's right to alter and demolish as hereinafter provided, Tenant, at Tenant's sole cost and expense, shall manage, maintain and promptly repair or unsafe condition existing around or in the Premises and Improvements including but not limited all passageways, sidewalks, curbs and vaults within them, including, without limitation, all building fixtures, heating, air conditioning, ventilating and plumbing apparatus, electric fixtures and equipment, parking areas and landscaping, and shall keep them in operating order and condition, subject to cracks in the foundationnormal wear and tear, cracks in plasterand Tenant shall make such repairs as are necessary therefor, moisture in walls and ceiling, buckling sheetrock whether such repairs are interior or sidingexterior, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damageforeseen or unforeseen. All repairs necessary to maintain premises made by Tenant shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform least equal in quality and class to the original condition Work. Tenant shall do all necessary shoring of foundations and walls of any structures on the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged every other act or thing for the service call. Any repairs, including labor, material, safety and parts used, preservation of them which are the responsibility may be reasonably necessary by reason of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, excavation or other person acting under the control building operation upon any adjoining property or direction of the Tenant(s), street or where the passageway which is being performed by Tenant. Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) manage and shall become part of maintain the Premises and the Owner’s property upon termination of this Lease Improvements as would a prudent owner and tenancy. Tenant(s) Tenant shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas the Improvements, or any part thereof, to be used for any dangerous, obnoxious or offensive trade or business not permitted in the use clause in Article 3 hereof.
(b) Tenant shall keep and maintain the Premises and the Improvements and all sidewalks, curbs and passageways in a clean and orderly condition, free of dirt, rubbish, snow, ice and unlawful obstructions.
(c) Landlord shall manage, maintain, alter and repair the property and improvements owned by Landlord elsewhere in the Technology Park at least as well as is required by Tenant hereunder, and Landlord agrees, (i) to require good quality of maintenance, alterations and repair to the premises ground leased to tenants in the Technology Park subsequent to the execution of this Lease, and (ii) to require that all repairs, alterations and maintenance required of such future ground tenants shall be damaged at least equal in quality to the original work performed by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawground tenant.
Appears in 1 contract
Repairs and Maintenance. It is Tenant covenants and agrees, at its expense without reimbursement or contribution by Landlord, to keep and maintain all improvements on the responsibility of Premises, including, without limitation, the Tenant(sfoundations, exterior paint, plumbing system, electrical system, utility lines and connections to the Premises, sprinkler mains, if any, structural systems (including, without limitation, the roof, roof membrane roof covering [including interior ceiling if damaged by leakage] and load-bearing walls and floor slabs and masonry walls) to notify in good condition and repair. In the Landlord immediately of any needed repair or unsafe condition existing around or in event the Premises including but become or are out of repair and not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage good condition due to the unit, then Tenant(s) becomes liable for cost failure of resultant damage. All Tenant to comply with the terms of this Article 7 and if any and all repairs necessary to maintain premises restore the Premises to a state of good condition and repair are not completed within ten (10) days after Tenant has received written notice of such state of disrepair or if such repairs cannot reasonably be completed within such ten (10) day period and Tenant shall be done by fail to commence such repairs within ten (10) days after notice and proceed diligently thereafter, then Landlord may either (i) terminate this Lease immediately upon delivery of written notice to Tenant or under (ii) prosecute such repairs itself and add the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole reasonable cost of the Tenant(s). Such such repairs shall be made to conform to the original condition next maturing monthly installment of Rent due hereunder. Notwithstanding the Premises at foregoing in the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear itemscase of an emergency, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation the right to repair prosecute immediately any defective condition, nor and all necessary repairs and shall any defense or remedy be available deliver contemporaneous notification to Tenant of the emergency and related repairs and add the reasonable cost of such repairs to the Tenant(s)next maturing monthly installment of Rent due hereunder; provided further that if contemporaneous notice is not practicable, where the defective condition complained of was caused as determined by the TenantLandlord in its sole judgment, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the then Landlord of the condition or allow the Landlord access to the Premises for purposes of the repairshall provide such notice as soon thereafter as reasonably practicable. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon Upon termination of this Lease and tenancy. Tenant(s) for any reason, Tenant shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case return the Premises or surrounding areas to Landlord in substantially the same condition it is in on the date hereof, ordinary wear and tear excepted. Notwithstanding the foregoing, Landlord shall be damaged by fireresponsible, rainat Landlord's sole cost and expense, wind, or other cause beyond for maintaining the control landscaping of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within in a reasonable time at the expense of the Landlord; neat and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by laworderly condition.
Appears in 1 contract
Repairs and Maintenance. It is the responsibility of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the LandlordTENANT shall, at the Landlord’s its own cost and expense, except those caused by negligence or acts of Tenant(s)put, Tenant’s agents, or invitees, which repairs shall be made at keep and maintain in thorough repair and good order and safe condition the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of building and improvements standing upon the Premises at the time commencement of the Tenant(s) took possession. Although term hereon or thereafter erected upon the Landlord repairs normal wear premises, or forming part of the Premises, and tear itemstheir full equipment and appurtenances, the adage “you broke it you pay to fix it” applies sidewalk areas, sidewalk hoists, railings, gutters, curbs and the like in front of or adjacent to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, materialPremises, and parts usedeach and every part thereof, which are both inside and outside, extraordinary and ordinary, and shall repair the responsibility of whole and each and every part thereof in order to keep the Tenant(s)same at all times during the term hereof in through repair and good order and safe conditions, must be pre-approved whenever the necessity or desirability therefor may occur, and whether or not the same shall occur, in writing whole or in part, by the Landlordwear, tear, obsolescence or defects, and shall use all reasonable precautions to prevent waste, damage or injury, except as provided hereinafter. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective conditionLANDLORD and not TENANT, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) and shall promptly correct any defects in the building on the Premises which are due to faulty design, or to errors of construction not apparent at the time the Premises were inspected by TENANT for purposes of occupancy by TENANT; this shall not paintbe interpreted to relieve TENANT of any responsibility or liability herein otherwise provided, reincluding among others, for structural failure due to the fault or negligence of TENANT. TENANT shall also, at TENANT’S own cost and expense, maintain the landsite in thoroughly clean condition; free from solid waste (which includes liquid and gaseous as defined by the Resource Conservation and Recovery Act), and the Regulation on Hazardous and Non-wallpaperHazardous Waste of the Environmental Quality Board, as amended, rubbish, garbage and other obstructions. Specifically, TENANT shall not use said landsite, nor permit it to be used, as a deposit or as a dump for raw materials, waste materials, hazardous, toxic or non-toxic substances, or otherwise redecorate substances of whichever nature. TENANT shall neither make any excavation for the purpose of storing, putting away and/or concealing raw materials or make alterations waste materials of any kind. Underground storage of hazardous and/or toxic substances is specifically prohibited. TENANT shall not do or cause to be done, nor permit on the Premises anything deemed extra hazardous, nor shall it store in the Premises flammable or toxic products of any class or kind without taking the proper precautions and complying with applicable federal and Commonwealth laws and regulations. In case TENANT needs to store in the landsite raw materials of a hazardous and/or toxic nature or hazardous and/or toxic wastes, TENANT shall notify LANDLORD and secure its prior authorization. LANDLORD shall be furnished with a copy of any permit issued for such storage. Although it is not intended that TENANT shall be responsible for any decrease in value of the Premises due to the mere passing of time, or for ordinary wear and tear of surfaces and other structural members of the building, nevertheless TENANT shall: (i) replace, with like kind and quality, doors, windows; electrical, sanitary and plumbing, fixtures; building equipment and/or other facilities or fixtures in the Premises which through TENANT’S use, fault or negligence, become too worn out to repair during the life of this Lease, (ii) paint the property inside and outside as required. In addition to the foregoing, TENANT shall indemnify and save harmless LANDLORD from and against any and all cost, expenses, claims, losses, damages, or penalties, including counsel fees, because of or due to TENANT’S failure to comply with the foregoing, and TENANT shall not call upon LANDLORD for any disbursement or outlay of money whatsoever, and hereby expressly releases and discharges LANDLORD of and from any liability or responsibility whatsoever in connection therewith. THIRTEEN: Roof Care - TENANT, without the written prior consent of LANDLORD, shall not: (i) erect or cause to be erected on the Landlordroof any ▇▇▇▇ board, aerial sign, or structure of any kind, (ii) place any fixture, equipment or any other load over the roof, (iii) drill any hole on the roof for whichever purpose, (iv) use the roof for storage, nor (v) correct any leaks whatsoever, this being LANDLORD’S sole responsibility. If written consent Furthermore, TENANT shall take all reasonable precautions to insure that the drainage facilities of the roof are not clogged and are in good and operable conditions at all times. FOURTEEN: Floor Loads - TENANT hereby acknowledges that it has been informed by LANDLORD that the maximum floor load of the Premises herein demised is given150 pounds per sq. ft. Therefore, TENANT hereby agrees that in the event the load of the machinery and equipment to be installed thereat exceeds such maximum load, it shall, at its own cost and expense, carry out any improvements to the floor of the Premises which may be necessary to support such additional load; it being further agreed and understood that construction and/or installation of such improvements shall not be commenced until after LANDLORD’S approval of the plans to be prepared therefor by TENANT and thereafter, after completion of construction and/or installation of said facilities, they shall be deemed covered by and subject to the applicable provisions of this Contract; it being further specifically agreed and understood that upon termination of this Lease, such alterations facilities shall be removed by TENANT, at its own cost and expense, or in the expense of the Tenant(s) alternative, and upon request by LANDLORD, they shall become remain as part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or with no right whatsoever on the Premises by reason part of Tenant’s permission or consent, there shall TENANT to be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawreimbursed and/or compensated therefor.
Appears in 1 contract
Repairs and Maintenance. It is the responsibility 14.01 Tenant shall take good care of the Tenant(sDemised Premises and the fixtures and appurtenances therein, but Landlord shall make all repairs thereto, including structural repairs, as and when needed to preserve them in good working order and condition. However, Tenant, at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Building, as shall be required by reason of (i) to notify the Landlord immediately performance or existence of any needed repair Tenant's Changes, (ii) the installation, use or unsafe condition existing around or operation of Tenant's Property in the Premises Demised Premises, (iii) the moving of Tenant's Property in or out of the Building, or (iv) the misuse or neglect of Tenant or any of its employees, agents or contractors; but Tenant shall not be responsible, and Landlord shall be responsible, for any of such repairs as are required by reason of Landlord's neglect or other fault of Landlord or its employees, agents or contractors.
14.02 Landlord shall keep and maintain the Building and its fixtures, appurtenances, systems and facilities serving the Demised Premises, in good working order, condition and repair and shall make all repairs, structural and otherwise, interior or exterior, as and when needed in the Building, except for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease, and subject to all other provisions of this Lease, including but not limited to cracks the provisions of Article 21.
14.03 Except as expressly otherwise provided in the foundationthis Lease, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation liability to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission any inconvenience, annoyance, interruption or consentinjury to business arising from Landlord or any tenant making any repairs or changes or performing maintenance services, there shall be no reduction whether or not Landlord is required or permitted by this Lease or by law to make such repairs or changes or to perform such services in or to any portion of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets the Building or paint the Demised Premises, moving furniture and wall hangings shall be or in or to the duty and expense fixtures, equipment or appurtenances of the Tenant(s). Tenant(s) understands there Building or the Demises Premises, provided that Landlord shall use due diligence with respect thereto and shall perform such work, except in case of emergency, at times reasonably convenient to Tenant and otherwise in such manner and to the extent practical as will be no rent reductions, adjustments, or other compensation due to repairs or interruptions not unreasonably interfere with Tenant's use and occupancy of service except as provided by lawthe Demised Premises.
Appears in 1 contract
Sources: Lease (RSL Communications PLC)
Repairs and Maintenance. It is the responsibility of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaksSection 12.1. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the LandlordTenant shall, at all times during the Landlord’s Lease Term, and at its own cost and expense, except those caused by negligence or acts of Tenant(s)keep and maintain in good order and condition, Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal ordinary wear and tear itemsexcepted, the adage “you broke it you pay to fix it” applies to Building and all other improvements on the Tenant(s) Premises as of the Commencement Date of the Lease Term and it applies during tenancy as well as at thereafter erected by Tenant on the end of tenancy. In additionPremises, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call)or forming part thereof, Tenant(s) will be charged for the service call. Any repairsand their full equipment and appurtenances, including laborwithout limitation, materialall windows, plate glass, doors, interior non-bearing walls and partitions, ceilings and the electrical, plumbing, lighting, heating, and parts usedair conditioning systems, which are and make all repairs thereto and restorations, replacements and renewals thereof, both inside and outside, structural and nonstructural, extraordinary and ordinary, foreseen or unforeseen, howsoever the responsibility of the Tenant(s)necessity or desirability for repairs may occur, must be pre-approved in writing and whether or not necessitated by the Landlordlatent defects or otherwise; and shall use all reasonable precaution to prevent waste, damage or injury. Landlord shall be maintain and repair the sole judge as to what repairs Building foundation, exterior walls and roof provided that these items are necessary. Landlord shall have no obligation to not in any way affected or disturbed by Tenant Improvements or such maintenance and/or repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction 's use of the Tenant(s), Premises. If it is determined that any such maintenance or where repair is required due to Tenant's negligence or damage caused by the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Improvements, Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glassthe cost of such maintenance and/or repair.
Section 12.2. Tenant(s) Tenant shall not paintalso, re-wallpaperat its own cost and expense, put, keep, replace and maintain in thorough repair and in good, safe and substantial order and condition, and free from dirt, snow, ice rubbish and other obstructions or otherwise redecorate or make alterations encumbrances, the sidewalks, areas, sidewalk hoists, railings, gutters and curbs in front of and adjacent to the Premises without and shall maintain the written consent of the Landlord. If written consent is given, such alterations shall be landscaping at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawgood condition.
Appears in 1 contract
Repairs and Maintenance. It (a) Except as expressly provided in Section 4(c), this Section 6 or Exhibit B, Landlord shall be under no liability, nor have any obligation to do any work or make any repairs in or to the Premises, and any work which may be necessary to outfit the Premises for Tenant’s occupancy or for the operation of Tenant’s business therein is the sole responsibility of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls Tenant and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done performed by or under the direction of the Landlord, Tenant at the Landlord’s its own cost and expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition Tenant acknowledges that it is in possession of the Premises and has fully inspected the Premises prior to execution of this Lease, and that Landlord has made no warranties or representations with respect to the condition or state of repairs of the Premises except as specifically provided in this Lease. In furtherance of its obligations under Section 4(c), Landlord shall make all structural repairs to the roof, walls and foundations of the Building as needed and shall maintain and repair all Building systems (excluding the Tenant’s Speciality Equipment), all common areas, grounds and land in reasonably good condition. Notwithstanding the foregoing, other than routine periodic maintenance, Tenant (and not Landlord) shall be responsible for the repairs of any items if the necessity therefor was caused in whole or primarily in part by the gross negligent act or omission or misuse of Tenant, its agents, officers, employees, contractors, licensees, sublessees or invitees (except to the extent the cost of such work is provided through insurance maintained by Landlord under this Lease).
(b) Tenant, at Tenant’s sole expense, shall, except for services furnished by Landlord pursuant to Section 4 and this Section 6, maintain the Premises in good order, condition, and repair, including the Tenant’s Speciality Equipment and the interior surfaces of the ceilings, walls and floors and all doors and all interior windows. Tenant shall also be responsible for the cost to maintain at all times in good order, condition and repair, the Tenant’s Speciality Equipment, whether the same was installed initially, or at a later date, by Landlord or by Tenant. The costs incurred by Landlord to maintain such LAN HAVAC (if not properly maintained by Tenant) shall be billed to Tenant as additional rent, and shall be payable by Tenant within thirty (30) days following receipt of the billing statement.
(c) Tenant shall be responsible for all repairs in and to the Building the need for which arises out of (i) the moving of Tenant’s property into or out of the Building; or (ii) any negligence of Tenants, its agents, contractors, employees or invitees (except to the extent that the cost thereof is covered by insurance maintained by Landlord under this Lease).
(d) If Tenant fails to maintain the Premises in good order, condition and repair, Landlord may give Tenant notice to do such acts as are reasonably required to so maintain the Premises. If Tenant fails to commence such work promptly and diligently prosecute it to completion, Landlord shall have the right, following not less than ten (10) days’ prior written notice to Tenant (except if such failure results in an emergency condition, the notice period may be reduced commensurate with such emergency), to do such acts and expend such funds at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay expense of Tenant as are reasonably required to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no perform such maintenance is needed (false call), Tenant(s) will be charged for the service callwork. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing amount so expended by the Landlord. Landlord shall be paid by Tenant within fifteen (15) days after demand, with interest from the sole judge as date of such work, at a rate equal to what repairs are necessarythe prime commercial rate of interest published by the Wall Street Journal closest to the date such work was commenced. Landlord shall have no obligation liability to repair Tenant for any defective conditiondamage, inconvenience or interference with the use of the Premises by Tenant as a result of performing any such work.
(e) Tenant shall not place a load upon any floor of the Premises which exceeds the load per square foot which such floor was designed to carry two hundred pounds per square foot. Landlord reserves the right to consult with its structural engineer if necessary, in Landlord’s opinion, to resolve any questions concerning this matter, in which event the determination of the engineer shall be conclusive and the cost of any such determination shall be paid for by Tenant upon demand. Tenant shall not install business machines or mechanical equipment which cause noise or vibration to such a degree as to be reasonably objectionable to Landlord or other Park tenants.
(f) Except as otherwise expressly provided in this Lease, Landlord shall have no liability to Tenant nor shall Tenant’s obligations under this Lease be reduced or abated in any defense manner whatsoever by reason of any inconvenience, annoyance, interruption or remedy be available injury to business arising from Landlord’s making any repairs or changes which Landlord is required or permitted by this Lease or by any other tenant’s lease or required by law to make in or to any portion of the Tenant(s)Building or the Premises, where absent the negligent or willful acts or omissions of Landlord or Landlord’s agents, employees, contractors, invitees or licensees. Landlord shall, nevertheless, use reasonable efforts to minimize any interference with Tenant’s business in the Premises and with the use by Tenant, its agents, officers, contractors, employees and invitees of the common areas associated therewith.
(g) As soon as is reasonably practicable after Tenant obtains actual knowledge thereof, Tenant shall give Landlord prompt notice of any damage to or defective condition complained in any part or appurtenance of was the Building’s mechanical, electrical, plumbing, HVAC or other systems serving, located in, or passing through the Premises.
(h) Upon the expiration or earlier termination of this Lease, Tenant shall return the Premises to Landlord broom clean and in the same condition as on the date hereof, except for all alterations that have been performed by or on behalf of Tenant (which are governed by Section 12); normal wear and tear; and condemnation or casualty loss (provided such casualty loss is not caused by the negligent act or omission of Tenant, its agents, officers, contractors, employees or invitees (except to the extent covered by insurance to be maintained under this Lease)). Any damage to the Premises, including any structural damage, resulting from Tenant’s use or from the removal of Tenant’s fixtures, furnishings and equipment shall be repaired promptly by Tenant at Tenant’s expense, except to the extent covered by Landlord’s insurance. Landlord shall ▇▇▇▇▇▇’s family▇ Tenant, inviteeas promptly as is practicable, licensee, or other person acting under for the control or direction costs of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access any cleanup and/or repairs to the Premises for purposes necessitated by Tenant’s use and occupancy thereof (normal wear and tear and losses caused by Landlord’s negligence or that of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Actits employees, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paintinvitees, re-wallpaper, agents or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(scontractors excepted) and such costs shall become part of the Premises constitute additional rental due and the Owner’s property upon payable hereunder notwithstanding any expiration or termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawLease.
Appears in 1 contract
Sources: Office Lease (Neustar Inc)
Repairs and Maintenance. It is 11.1 Throughout the responsibility Term of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundationthis Lease, cracks in plasterLessee, moisture in walls at its sole cost and ceilingexpense, buckling sheetrock or sidingwill keep and maintain, or any leaks. If ▇▇▇▇▇▇cause to be kept and maintained, the Demised Premises (sincluding the grounds, sidewalks and curbs abutting the same) fails and the Personal Property in good order and condition without waste and in suitable state of repair at least comparable to that which existed immediately notify Landlord of visible problems, which result in damage prior to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal Commencement Date (ordinary wear and tear itemsexcepted, the adage “you broke it you pay subject to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no Lessee's obligation to repair any defective condition, nor shall any defense or remedy be available to and replace the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies same in accordance with the Landlord-Tenant Actterms of this Lease), Tenant(s) must and will make or cause to be current in rentmade, as and when the same shall become necessary, all structural and nonstructural, exterior and interior, replacing, repairing and restoring necessary to that end. Tenant(s) All replacing, repairing and restoring required of Lessee shall be responsible for all broken glass. Tenant(s(in the reasonable opinion of Lessor) shall not paint, re-wallpaper, or otherwise redecorate or make alterations of quality at least equal to the Premises without the written consent of the Landlord. If written consent is given, such alterations original work and shall be at in compliance with all standards and requirements of law, licenses and municipal ordinances necessary to operate the expense Demised Premises as a Medicare and Medicaid certified skilled and/or intermediate care nursing home having no less than forty (40) licensed, and Medicaid certified beds.
11.2 Any items of the Tenant(s) Personal Property that are uneconomical to repair shall be replaced by new items of like kind and all replacement items shall become part of the Personal Property. No items of Personal Property shall be removed from the Demised Premises except in connection with repair or replacement of such items. Lessee may place additional property on the Demised Premises (not required for the replacement of the Personal Property) and such additional property shall be and remain the Owner’s property of Lessee. Lessee shall remove such additional property upon termination or expiration of this Lease provided that Lessee shall make such necessary repairs or replacements as may be required in order to return the Demised Premises to the condition which existed prior to the removal of the additional property.
11.3 Provided there is not an Event of Default by Lessee under this Lease, Lessee shall have the right, at any time and tenancy. Tenant(s) shall not permit from time to time, to remove and dispose of any act Personal Property which may have become obsolete or thing deemed hazardous by Landlord due to potential risk of fire unfit for use, or which will increase is no longer useful in the rate operation of insurance on said the Demised Premises, provided Lessee promptly replaces any such Personal Property so removed or disposed of with other personal property free of any security interest, lien or encumbrance. In case the Premises or surrounding areas Said personal property shall be damaged by fireof the same character and shall be at least equal in usefulness and quality as any such Personal Property so removed or disposed of, rainand such replacement property shall automatically become the property of and shall belong to the Lessor, wind, and Lessee shall execute such bills of sale or other cause beyond documents reasonably requested by Lessor to vest the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time ownership of such destruction and from thenceforth this Lease Agreement personal property in Lessor. Notwithstanding the foregoing, Lessee shall cease and come have the right to an endplace leased Personal Property on the Demised Premises provided that the payments due under such leases do not exceed $4,000 per year. In the event, event Lessee desires to place leased personal property on the damage is caused by the act Demised Premises having annual payments in excess of the Tenant(s)amount provided for herein, or someone Lessee shall advise Lessor in or on writing and Lessor shall use its reasonable best efforts to seek the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense approval of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, Mortgagee or other compensation due to repairs or interruptions an amendment of service except as provided by lawthe Mortgage with respect thereto.
Appears in 1 contract
Repairs and Maintenance. It is the responsibility (a) By taking possession of the Tenant(sPremises, Tenant shall be deemed to have accepted the Premises as being in good and sanitary order, condition and repair, excepting the Punch List Items, any defects (or noncompliance with laws) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited noted by Tenant in writing to cracks the Landlord during the Warranty Period and latent defects in the foundationconstruction done by Landlord, cracks its agents, employees, contractors, and subcontractors. Tenant shall, at Tenant’s sole cost and expense, maintain the Premises, in plastergood, moisture in walls clean and ceilingfirst-class condition and repair. Without limiting the generality of the foregoing, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises Tenant shall be done by or under solely responsible for maintaining and repairing all fixtures, non-building standard electrical lighting, ceilings and floor coverings, windows, doors, plate glass, skylights, and interior walls within the direction Premises using the same quality of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to materials as used in the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancyconstruction. In addition, if a Tenant(s) calls Tenant shall be responsible for maintenance for which all repairs made necessary by Tenant or Tenant’s invitees. Landlord acknowledges that Tenant shall have no obligation to repair or maintain any areas of the Project outside of the Premises, unless such repair or maintenance is needed required due to acts of Tenant, its agents, employees, contractors and subcontractors. Excepting maintenance, repairs or replacements required due to the negligence or willful misconduct of Landlord, its agents, employees, contractors and subcontractors, Tenant acknowledges that Landlord shall have no obligation to maintain, repair or replace any telecommunications or computer cabling or wiring which is located in the Premises or which exclusively serves the Premises (false callcollectively, “Cabling”), Tenant(s) will except in the event that such would be charged for required due to Landlord’s negligent acts or omissions. Tenant shall, at Tenant’s expense, contract with Pacific ▇▇▇▇ or another reputable contractor to maintain the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessaryCabling. Landlord shall have no obligation to repair alter, remodel, improve, repair, decorate or paint the Premises except as specifically set forth in this Lease. Under no circumstances shall Tenant make any defective condition, nor shall any defense or remedy be available repairs to the Tenant(sBuilding or to the mechanical, electrical or heating, ventilating or air conditioning systems of the Premises or the Building, unless such repairs are previously approved in writing by Landlord. Tenant waives the provisions of 1931(1), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction 1941 and 1942 of the Tenant(s)California Civil Code, and any similar or where successor law regarding Tenant’s right to make repairs and deduct expenses of such repairs from the Tenant unreasonably fails Rent due under this Lease.
(b) Landlord shall operate the Building to notify a standard or quality consistent with that of other first-class projects in the Landlord of the condition or allow the Landlord access immediate geographical area and shall (i) provide janitorial service to the Premises for purposes of on a five (5) day a week basis (excepting holidays described in the repair. Before exercising any of the remedies in accordance Basic Lease Information), consistent with the Landlordjanitorial specification attached hereto as Exhibit E, (ii) provide nonexclusive, non-Tenant Actattended automatic passenger elevator service at all times, Tenant(s(iii) must replace Building standard lamps, starters and ballasts (all nonstandard lighting within the Premises shall be current in rent. Tenant(sthe responsibility of Tenant).
(c) Landlord shall be responsible for maintaining and repairing all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations structural portions and latent defects of the Building (to the Premises without extent constructed by Landlord, its agents, employees, contractors and/or subcontractors), and shall maintain the written consent roof, sidewalls, and foundations of the LandlordBuilding 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 Project Common Areas. Landlord shall be responsible for maintenance and repair of all plumbing, heating, electrical, air conditioning and ventilation systems. Except as otherwise provided in this Lease, Landlord shall have no liability to Tenant, nor shall Tenant’s obligations under this Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord making any reasonable repairs or changes which Landlord is required or permitted by this Lease or by any other tenants’ lease or required by law to make in or to any portion of the Building or the Premises. Landlord shall use reasonable efforts to minimize any interference with Tenant’s business at the Premises. If Tenant fails to maintain the Premises as required in Section 11(a), Landlord may give Tenant thirty (30) days’ written consent is givennotice to do such acts as are reasonably required to so maintain the Premises. If Tenant fails to promptly commence such work within such time period and diligently prosecute it to completion, then Landlord shall have the right to do such alterations shall be acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be paid by Tenant promptly after demand with interest at the Tenant(sPrime Rate plus two percent (2%) and per annum, from the date of such work, but not to exceed the maximum amount then allowed by law. Landlord shall become part have no liability to Tenant for any damage, inconvenience, or interference with the use of the Premises and by Tenant as the Owner’s property upon termination result of performing any such work. For the purpose of this Lease and tenancy. Tenant(s) Lease, the “Prime Rate” shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase mean the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, windrate, or other cause beyond base rate, reported in the control Money Rates column or section of The Wall Street Journal as being the Landlord base rate on corporate loans at large U.S. money center commercial banks (whether or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until not such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of rate has actually been charged by any such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or bank) on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all first date on which The Wall Street Journal is published in the month preceding the month in which the subject costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by laware incurred.
Appears in 1 contract
Repairs and Maintenance. It is the responsibility 15.01 Tenant shall take good care of the Tenant(sDemised Premises and the fixtures and appurtenances therein, and at its sole cost and expense shall make all repairs thereto, as and when needed to preserve them in good working order and condition. In addition, Tenant, at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Building as shall be required by reason of (i) the performance or existence of work by Tenant necessary to notify suit the Landlord immediately Demised Premises to Tenant's initial occupancy or Tenant's work (ii) the installation, use or operation of any needed repair or unsafe condition existing around or Tenant's property in the Demised Premises, (iii) the moving of Tenant's property in or out of the Building, or (iv) the misuse or neglect of Tenant or any of its employees, agents or contractors. Tenant shall not be responsible, and Landlord shall be responsible, for any repairs to the Demised Premises as are required by reason of Landlord's neglect or other fault in the manner of performing any work included in the Work Letter OR Tenant's work which may be undertaken by Landlord for Tenant's account or as are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or contractors.
15.02 Landlord shall keep and maintain the Building and its fixtures, appurtenances, systems and facilities serving the Demised Premises, in good working order, condition and repair and shall make all structural repairs, interior and exterior, except as indicated in Section 15.01 as and when needed in the Building, except for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease, and subject to all other provisions of this Lease, including but not limited to cracks the provisions of Article 21.
15.03 Except as expressly otherwise provided in the foundationthis Lease, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation liability to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission any inconvenience, annoyance, interruption or consentinjury to business arising from Landlord or any tenant making any repairs or changes or performing maintenance services, there whether or not Landlord is required or permitted by this Lease or by law to make such repairs or changes or to perform such services in or to any portion of the Building or the Demised Premises, or in or to the fixtures, equipment or appurtenances of the Building or the Demised Premises, provided that Landlord shall be no reduction reasonably diligent with respect thereto and shall perform such work, except in case of rent emergency, at times reasonably convenient to Tenant and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent otherwise in such manner and to clean, replace carpets or paint the Premises, moving furniture extent practical as will not unreasonably interfere with Tenant's use and wall hangings shall be the duty and expense occupancy of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawDemised Premises.
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Repairs and Maintenance. It is Tenant, at its sole cost and expense and throughout the responsibility Term of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in this Lease, shall keep and maintain the Premises including but not limited in good order and condition, free of rubbish, and shall promptly make all non-structural repairs necessary to cracks in keep and maintain such good order and condition. Tenant shall have the foundationoption of replacing lights, cracks in plasterballasts, moisture in walls tubes, ceiling tiles, outlets and ceiling, buckling sheetrock similar equipment itself or siding, or any leaksit shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If ▇▇▇▇▇▇(s) fails to immediately notify requested by Tenant in writing, Landlord of visible problems, which result in damage shall make such repairs to the unitPremises within a reasonable time of Landlord’s receipt of such written notice and shall charge Tenant for such services at Landlord’s standard rate (such rate to be competitive with the market rate for such services). When used in this Article 11, then Tenant(s) becomes liable for cost of resultant damagethe term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment that are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. Landlord, throughout the Term and at Landlord’s sole cost and expense but subject to reimbursement pursuant to Section 4(a), shall make all necessary to maintain premises shall be done by or under repairs to: (i) the direction footings and foundations and the structural steel columns and girders forming apart of the LandlordPremises; (ii) the HVAC, at plumbing and electric systems serving the Landlord’s expensePremises; (iii) the Building outside of the Premises; and (iv) the common areas of the Building and the Project and shall keep and maintain all common areas appurtenant to the Building in a clean and orderly condition; provided, except those caused however, Tenant shall have the sole responsibility for the repair, maintenance, and replacement of any supplemental heating and/or cooling systems and equipment serving the Premises. Notwithstanding anything to the contrary in this Lease but subject to the provisions of Section 12 below, any repairs to the Premises, Building or Project and its appurtenant common areas made necessary by negligence a negligent or acts willful act or omission of Tenant(s)Tenant or any employee, Tenant’s agentsagent, contractor, or invitees, which repairs invitee of Tenant (a “Tenant Party”) shall be made at the sole cost and expense of the Tenant(s). Such repairs shall be made to conform Tenant, except to the original condition extent: (i) of insurance proceeds received by Landlord; (ii) the Premises at damages needed to be repaired are covered by any insurance obtained by Landlord on the time Building or Project; or (iii) the Tenant(s) took possession. Although the damages needed to be repaired should have been covered by an insurance policy required to be maintained by Landlord repairs normal wear and tear items, the adage “you broke it you pay pursuant to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlordthis Lease. Landlord shall not be the sole judge as liable to what repairs are necessary. Landlord shall have no obligation Tenant for any damage caused to repair any defective condition, nor shall any defense or remedy be available Tenant and its property due to the Tenant(s), where the defective condition complained Building or any part or appurtenance thereof being improperly constructed or being or becoming out of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licenseerepair, or other person acting under arising from the control leaking of gas, water, sewer or direction of the Tenant(s)steam pipes, or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance from problems with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawelectrical service.
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Repairs and Maintenance. It is (a) Subject to the responsibility obligations of Landlord to cause the completion of Landlord Repair Items at its own cost and expense, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the Building and the other improvements on the Premises and any sidewalks, parking areas, curbs, and access ways upon or adjoining the Premises in good order and condition and shall promptly make all repairs necessary to keep and maintain such good order and condition, whether such repairs are interior or exterior, ordinary or extraordinary, structural or nonstructural, foreseen or unforeseen. Tenant shall not use or permit the use of any portion of the Tenant(s) to notify Property for outdoor storage if doing so would be a violation of Governmental Requirements. When used in this Article 8, the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls term “repairs” shall include replacements and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damagerenewals when necessary. All repairs necessary made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. Tenant shall maintain premises all systems in the Premises. Tenant shall pay all costs of maintenance of all systems in the Premises. Notwithstanding the other provisions of this Lease, Tenant shall not be done by required to make any capital repairs or under capital replacements during the direction final two (2) years of the Landlord, at Lease. If there is the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made need to conform make capital improvements to the original condition Premises after the date of this Lease that are required under any governmental law or regulation that was not applicable to the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay date of this Lease or such capital improvements are attributable to fix it” applies a modification to the Tenant(s) and it applies during tenancy as well as at Premises requested by Tenant or made by Tenant after the end date of tenancy. In addition, if this Lease (a Tenant(s) calls for maintenance for which no such maintenance is needed (false call“Code Modification”), Tenant(sthen Tenant shall cause the completion of the Code Modification and the cost shall be amortized over such reasonable period as determined by Generally Accepted Accounting Principles (GAAP), and, except with respect to Code Modifications: (i) will to portions of the Premises that were included in the Tenant Improvement Work (including, without limitation such work in the Expansion Space), or (ii) required because of modifications to the Premises requested by Tenant or made by Tenant after the date of this Lease, Landlord shall reimburse Tenant for any portion of such amortized amount attributable to periods following the expiration of the term of the Lease; provided however, to the extent the Code Modification is specifically required due to specific use of the Premises by Tenant or by Tenant Parties as defined in Article 11 (b) of this Lease (as opposed to code modifications required of other similar properties, notwithstanding the specific use thereof) or for Code Modifications to portions of the Premises that were included in the Tenant Improvement Work (including, without limitation, such work in the Expansion Space), or attributable to modifications to the Premises requested by Tenant or made by Tenant after the date of this lease then Landlord shall not be charged required to so reimburse Tenant therefor.
(b) Landlord, throughout the Term of this Lease shall, at its sole cost and expense (without pass-through to Tenant) make all necessary repairs to the roof, floor slab, footings and foundations and the structural steel columns and girders forming a part of the Premises (other than portions that were included in the Tenant Improvement Work) provided, however, that Landlord shall have no responsibility to make any repair unless and until Landlord receives written notice of the need for such repair. “Landlord Repair Items” are (i) repairs to be made by Landlord under this Paragraph 8(b), (ii) repairs which are covered by Landlord’s Warranty, (iii) repairs required to correct any latent defects or original design defects in the service call. Any repairsBuilding shell and Building systems construction, including labor, materiallabor or materials as part of Landlord’s Work in connection with construction of the Building shell and (iv) repairs required due to the negligence or willful misconduct of Landlord, and parts used, which are the responsibility of the Tenant(s), must be pre-approved any other item specifically designated as a Landlord Repair Item elsewhere in writing by the Landlordthis Lease. Landlord shall be required to promptly cause the sole judge as to what repairs are necessary. correction of any Landlord shall have no obligation to Repair Item at its own cost without recoupment from Tenant unless such repair any defective condition, nor shall any defense is made necessary because of Tenant’s wrongful or remedy be available to negligent acts or omissions or acts and omissions not intended in the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction design and engineering of the Tenant(s), or where the Building.
(c) Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for keep and maintain all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part portions of the Premises and any sidewalks, parking areas, curbs and access ways adjoining the Owner’s property upon termination Property in a clean and orderly condition, free of this Lease accumulation of dirt, rubbish, snow and tenancy. Tenant(s) ice, and shall keep and maintain all landscaped areas in a neat and orderly condition by performing all necessary tasks including, but not permit limited to, grass cutting, seeding, watering, weeding and replacing any act dead or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawdiseased plantings.
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Repairs and Maintenance. It is 11.1 Throughout the responsibility Term of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundationthis Lease, cracks in plasterLessee, moisture in walls at its sole cost and ceilingexpense, buckling sheetrock or sidingwill keep and maintain, or any leaks. If ▇▇▇▇▇▇cause to be kept and maintained, the Demised Premises (sincluding the grounds, sidewalks and curbs abutting the same) fails and the Personal Property in good order and condition without waste and in suitable state of repair at least comparable to that which existed immediately notify Landlord of visible problems, which result in damage prior to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal Commencement Date (ordinary wear and tear itemsexcepted, the adage “you broke it you pay subject to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no Lessee's obligation to repair any defective condition, nor shall any defense or remedy be available to and replace the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies same in accordance with the Landlord-Tenant Actterms of this Lease), Tenant(s) must and will make or cause to be current in rentmade, as and when the same shall become necessary, all structural and nonstructural, exterior and interior, replacing, repairing and restoring necessary to that end. Tenant(s) All replacing, repairing and restoring required of Lessee shall be responsible for all broken glass. Tenant(s(in the reasonable opinion of Lessor) shall not paint, re-wallpaper, or otherwise redecorate or make alterations of quality at least equal to the Premises without the written consent of the Landlord. If written consent is given, such alterations original work and shall be at in compliance with all standards and requirements of law, licenses and municipal ordinances necessary to operate the expense Demised Premises as a Medicare and Medicaid certified skilled and/or intermediate care nursing home having no less than seventy (70) licensed, and Medicaid certified beds and ten (10) assisted living units.
11.2 Any items of the Tenant(s) Personal Property that are uneconomical to repair shall be replaced by new items of like kind and all replacement items shall become part of the Personal Property. No items of Personal Property shall be removed from the Demised Premises except in connection with repair or replacement of such items. Lessee may place additional property on the Demised Premises (not required for the replacement of the Personal Property) and such additional property shall be and remain the Owner’s property of Lessee. Lessee shall remove such additional property upon termination or expiration of this Lease provided that Lessee shall make such necessary repairs or replacements as may be required in order to return the Demised Premises to the condition which existed prior to the removal of the additional property.
11.3 Provided there is not an Event of Default by Lessee under this Lease, Lessee shall have the right, at any time and tenancy. Tenant(s) shall not permit from time to time, to remove and dispose of any act Personal Property which may have become obsolete or thing deemed hazardous by Landlord due to potential risk of fire unfit for use, or which will increase is no longer useful in the rate operation of insurance on said the Demised Premises, provided Lessee promptly replaces any such Personal Property so removed or disposed of with other personal property free of any security interest, lien or encumbrance. In case the Premises or surrounding areas Said personal property shall be damaged by fireof the same character and shall be at least equal in usefulness and quality as any such Personal Property so removed or disposed of, rainand such replacement property shall automatically become the property of and shall belong to the Lessor, wind, and Lessee shall execute such bills of sale or other cause beyond documents reasonably requested by Lessor to vest the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time ownership of such destruction and from thenceforth this Lease Agreement personal property in Lessor. Notwithstanding the foregoing, Lessee shall cease and come have the right to an endplace leased Personal Property on the Demised Premises provided that the payments due under such leases do not exceed $4,000 per year. In the event, event Lessee desires to place leased personal property on the damage is caused by the act Demised Premises having annual payments in excess of the Tenant(s)amount provided for herein, or someone Lessee shall advise Lessor in or on writing and Lessor shall use its reasonable best efforts to seek the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense approval of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, Mortgagee or other compensation due to repairs or interruptions an amendment of service except as provided by lawthe Mortgage with respect thereto.
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Repairs and Maintenance. It is the responsibility of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in Tenant, at its sole cost and expense, will keep the Premises including but not limited all improvements located thereon, in a reasonably good and clean condition and state of repair, ordinary wear and tear and casualty or condemnation loss excepted, and Tenant will promptly, at its sole cost and expense, make all necessary or appropriate repairs, replacements and renewals required to cracks keep the Premises in such condition, whether interior or exterior, ordinary or extraordinary, foreseen or unforeseen; provided nothing herein shall be deemed to require Tenant to perform any obligations that are Landlord’s or Developer’s responsibility under this Lease or the foundationDevelopment Agreement (including, cracks in plasterwithout limitation, moisture in walls the correction of defects that are Landlord’s or Developer’s responsibility under the Development Agreement). Without limiting the generality of the foregoing, Tenant acknowledges that Tenant’s obligations under this paragraph include the maintenance, repair and ceilingreplacement of structural elements of the Building (including, buckling sheetrock without limitation, the roof and exterior of the Building), plumbing, electrical components, doors, windows, HVAC and other building mechanical systems, landscaping, driveways and parking areas and such additional maintenance as may be necessary because of damages by persons other than Tenant, its agents, employees, invitees or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damagevisitors. All repairs necessary to maintain premises repairs, replacements and renewals made by Tenant shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform least substantially equal in quality and construction standards to the original condition of the Premises. Tenant further covenants and agrees that Tenant will not commit or suffer to be committed any waste of the Premises. At the expiration of the Lease term, Tenant will remove all of its equipment, trade fixtures, furniture and personal property placed by it in the Premises, immediately repair any material damage caused by the removal thereof, and will surrender the Leased Premises at in as good order as the time same as on the Tenant(s) took possession. Although the Landlord repairs normal Commencement Date, reasonable wear and tear itemsand casualty or condemnation loss excepted, provided that, Tenant will not remove any property from the Premises, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end cost of tenancy. In addition, if a Tenant(s) calls which was otherwise paid for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall not be required to make any improvements or repairs of any kind or character in the sole judge Premises during the term of this Lease, except (i) Landlord shall pay the cost of any repairs, maintenance or replacements required due to damage to the Premises caused by Landlord or any of its agents, employees, contractors and representatives, and (ii) improvements and repairs that are Landlord’s or Developer’s express responsibility under this Lease and the Development Agreement (including, but not limited to, its obligation to correct defects). With respect to those repairs, replacements or renewals reasonably made by Tenant in accordance with this Section 10 during the last two (2) years of the Term and classified as capital expenditures, in accordance with generally accepted accounting principles in the United States, generally applied to what repairs are necessarythe ownership and management of medical office building properties (each a “Capital Item”), if this Lease expires or terminates (for any reason other than a default by Tenant) prior to the agreed-upon expected useful life of any Capital Item, then Landlord shall reimburse Tenant for a percentage of the approved cost expended by Tenant for such Capital Item, such percentage being equal to the percentage of the agreed-upon expected useful life that extends beyond the termination/expiration date of this Lease, measured from the date of Tenant’s full completion of and payment for the Capital Item. Landlord shall have no obligation pay any such reimbursement to repair any defective condition, nor shall any defense or remedy be available to Tenant within thirty (30) days after the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon expiration/termination of this Lease and tenancypayment by Tenant of all Rent due, and Landlord’s receipt from Tenant of a request for payment that details each applicable Capital Item, as well as the approved cost and then-remaining portion of the agreed expected useful life of each such Capital Item. Tenant(sPrior to incurring the cost of any Capital Item during the last two (2) years of the Term, Tenant shall give written notice to Landlord of such Capital Item (a “Capital Item Notice”). If Landlord reasonably believes that any such Capital Item is not permit necessary, Landlord shall have a period often (10) days after its receipt of the Capital Item Notice for such Capital Items to notify Tenant, in writing, that Landlord objects to such Capital Item; provided if Landlord fails to give Tenant written notice of its objection to any act Capital Item within such ten (10) day period, then Landlord shall be deemed to have approved the same. If Landlord timely objects to any Capital Item that Tenant desires to undertake during the last two (2) years of the Term, (i) Tenant shall retain a qualified engineer or thing deemed hazardous consultant, who is reasonably acceptable to Landlord, to determine whether such Capital Item is reasonably necessary or advisable, and (ii) such engineer’s or consultant’s determination shall be final and binding on Landlord and Tenant. If Landlord objects to a Capital Item and such engineer or consultant determines the same is reasonably necessary or desirable, then Landlord shall pay the fees charged by such engineer or consultant. Otherwise, Tenant shall be responsible for paying the fees of any engineer or consultant retained to review the need for any Capital Item pursuant hereto. On or before the Commencement Date, Landlord due shall deliver to potential risk Tenant clean, readable copies of fire or which will increase all guarantees and warranties issued in connection with the rate development of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fireand all manufacturer’s, raincontractor’s, windsubcontractor’s and supplier’s instructions, or other cause beyond the control of the Landlord or the Tenantmaintenance manuals, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; replacements lists, detailed drawings and in case the damage is so extensive as any technical requirements necessary to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction operate and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint maintain the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.
Appears in 1 contract
Repairs and Maintenance. It is A. Except as otherwise provided herein, the responsibility CITY 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 maintenance and repair of the Tenant(sbuilding 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.
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 notify structural integrity, for the Landlord immediately proper and reasonable maintenance and repair of the 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 needed repair work; paint; electrical wiring and fixtures; equipment that is used for fire protection or unsafe condition existing around or suppression; and the interior of the premises in the Premises including general. Examples would be but are not limited to cracks the following: water leaks, plugged toilets, burnt out bulbs, bad lighting ballasts, holes in walls, tears in carpet or damaged tile and the foundationgeneral upkeep of the interior.
(2) Repair of any damage that is directly or proximately caused by the LESSEE, cracks its employees, agents, volunteers, contractors or invitees.
C. Notwithstanding any other provision of this LEASE, LESSEE shall be responsible, at its sole expense and in plasteraccordance with any applicable local, moisture in walls state or federal law, regulation or code relating to structural integrity, for the proper and ceiling, buckling sheetrock or siding, or reasonable repair of any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by building and grounds that is directly or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was proximately caused by the TenantLESSEE, ▇▇▇▇▇▇’s familyits employees, inviteeagents, licenseevolunteers, contractors or other person acting under invitees.
D. For the control or direction purposes of this LEASE, the Tenant(s)term “grounds” shall be deemed to include the parking lot, or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access landscaping and sidewalks appurtenant to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawbuilding.
Appears in 1 contract
Sources: Lease Agreement
Repairs and Maintenance. It (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 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 the responsibility not part of the Tenant(sHVAC 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 notify 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 immediately 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 elements of the Building and Parking Garage; (ii) the roof of the Building; (iii) the systems, including, but not limited to, HVAC, plumbing, elevators, electric, fire protection and 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 exterior walls and windows; (v) the Common Areas including, but not limited to, the Parking Garage, driveways, sidewalks, and any needed repair other improvements, and systems (such as irrigation) or unsafe condition existing around or landscaping on the Land; and (vi) bathrooms in the Premises including but not limited (collectively, “Landlord Repairs”). Any provision of this Lease to cracks in the foundationcontrary notwithstanding, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, any repairs to the Project or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord portion thereof made necessary by the negligent or willful act or omission of visible problemsTenant or any employee, which result in damage to the unitagent, then Tenant(s) becomes liable for cost subtenant, contractor or invitee of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs Tenant shall be made at Tenant’s expense unless such maintenance or repair is otherwise covered by Landlord’s insurance or would have been covered by Landlord’s insurance had Landlord obtained the sole cost 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 Tenant(s). Such repairs shall be made Building; and (2) permit the Building to conform maintain its LEED rating and an Energy Star label, to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlordextent applicable. Landlord shall be use commercially reasonable efforts to operate and maintain the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available Common Areas of the Building to: (1) minimize to the Tenant(s), where extent reasonably feasible: (i) direct and indirect energy consumption and greenhouse gas emissions; (ii) water consumption; (iii) the defective condition complained amount of was caused by material entering the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under waste stream; and (iv) negative impacts upon the control or direction indoor air quality of the Tenant(s)Building; and (2) permit the Building to maintain its LEED rating and an Energy Star label, or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes extent applicable, the costs of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) which shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations included in Project Expenses (except to the Premises without extent otherwise not permitted). Notwithstanding anything contained in this Lease to the written consent of the Landlord. If written consent is givencontrary, such alterations in no event shall Tenant be at the expense of the Tenant(s) and shall become part of required to take any action, make any effort, and/or incur any cost to seek or achieve a LEED rating for the Premises (including the Initial Premises, the First Must-Take Premises, the Second Must-Take Premises, and the Owner’s property upon termination of this Lease and tenancy. Tenant(sadditional space, if any, leased by Tenant) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case maintain a LEED rating for the Premises if Landlord seeks or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within achieves a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit LEED rating for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.
Appears in 1 contract
Repairs and Maintenance. It is the responsibility 15.01 Tenant shall take good care of the Tenant(sDemised Premises. Tenant, at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Building, as shall be required by reason of (i) to notify the Landlord immediately performance or existence of any needed repair Tenant's Work or unsafe condition existing around Tenant's Changes, (ii) the installation, use or operation of Tenant's Property in the Premises including Demised Premises, (iii) the moving of Tenant's Property in or out of the Building, or (iv) the misuse or neglect of Tenant or any of its employees, agents or contractors; but Tenant shall not limited to cracks be responsible for any of such repairs as are required by reason of Landlord's neglect or other fault in the foundationmanner of performing any of Tenant's Work or Tenant's Changes which may be undertaken by Landlord for Tenant's account or are otherwise required by reason of neglect or other fault of Landlord or its employees, cracks in plasteragents or contractors. Except if required by the neglect or other fault of Landlord or its employees, moisture in walls and ceilingagents or contractors, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the LandlordTenant, at the Landlord’s its expense, except those caused by negligence shall replace all scratched, damaged or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, broken doors or other person acting under glass in or about the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Demised Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) and shall be responsible for all broken glass. Tenant(s) repairs, maintenance and replacement of wall and floor coverings in the Demised Premises and, for the repair and maintenance of all lighting fixtures therein.
15.02 Landlord, at its expense, shall not paintkeep and maintain the Building and its fixtures, re-wallpaperappurtenances, or otherwise redecorate or make alterations to systems and facilities serving the Premises without the written consent of the Landlord. If written consent is givenDemised Premises, such alterations shall be at the expense of the Tenant(s) in good working order, condition and repair and shall become part of make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the Premises and the Owner’s property upon termination Demised Premises, except for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease and tenancy. Tenant(s) Lease.
15.03 Except as expressly otherwise provided in this Lease, Landlord shall not permit any act or thing deemed hazardous by Landlord due have no liability to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises Tenant by reason of Tenant’s permission any inconvenience, annoyance, interruption or consentinjury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Lease, there shall be no reduction or required by law, to make in or to any portion of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets the Building or paint the Demised Premises, moving furniture and wall hangings shall be or in or to the duty and expense fixtures, equipment or appurtenances of the Tenant(s). Tenant(s) understands there Building or the Demised Premises, provided that Landlord shall use due diligence with respect thereto and shall perform such work, except in case of emergency, at times reasonably convenient to Tenant and otherwise in such manner as will be no rent reductions, adjustments, or other compensation due to repairs or interruptions not materially interfere with Tenant's use of service except as provided by lawthe Demised Premises.
Appears in 1 contract
Sources: Lease (Aveta Inc)
Repairs and Maintenance. It is the responsibility 15.01. Tenant shall take good care of the Tenant(sDemised Premises and the fixtures and appurtenances therein, and at its sole cost and expense shall make all repairs thereto, as and when needed to preserve them in good working order and condition. In addition, Tenant, at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Buildings as shall be required by reason of (i) the performance or existence of work by Tenant necessary to notify suit the Landlord immediately Demised Premises to Tenant's initial occupancy or Tenant's work (ii) the installation, use or operation of any needed repair or unsafe condition existing around or Tenant's property in the Demised Premises, (iii) the moving of Tenant's property in or out of the Building, or (iv) the misuse or neglect of Tenant or any of its employees, agents or contractors. Tenant shall not be responsible, and Landlord shall be responsible, for any repairs to the Demised Premises as are required by reason of Landlord's neglect or other fault in the manner of performing any work included in the Work Letter or Tenant's work which may be undertaken by Landlord for Tenant's account or are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or contractors. Tenant, at its sole cost and expense, shall provide and pay for its cleaning and janitorial services to the Demised Premises.
15.02. Landlord shall keep and maintain the Building and its fixtures, appurtenances, systems and facilities serving the Demised Premises, in good working order, condition and repair and shall make all structural repairs, interior and exterior, except as indicated in Section 15.01 as and when needed in the Building, except for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease, and subject to all other provisions of this Lease, including but not limited to cracks the provisions of Article 21.
15.03. Except as expressly otherwise provided in the foundationthis Lease, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation liability to repair Tenant by reason of any defective conditioninconvenience, nor shall annoyance, interruption or injury to business arising from Landlord or any defense tenant making any repairs or remedy be available changes or performing maintenance services, whether or not Landlord is required or permitted by this lease or by law to make such repairs or changes or to perform such services in or to any portion of the Building or the Demised Premises, or in or to the Tenant(s)fixtures equipment or appurtenances of the Building or the Demised Premises, where provided that Landlord shall be reasonably diligent with respect thereto and shall perform such work, except in case of emergency, on reasonable notice and at times reasonably convenient to Tenant and otherwise in such manner and to the defective condition complained extent practical as will not unreasonably interfere with Tenant's use and occupancy of was caused the Demised Premises.
15.04. Any reservation of a right by Landlord to enter upon the TenantPremises and to make or perform any repairs, ▇▇▇▇▇▇’s family, invitee, licenseealterations, or other person acting under the control or direction of the Tenant(s)work in, to, or where about the Tenant unreasonably fails to notify Premises which, in the Landlord of first instance, is the condition or allow the Landlord access Tenant’s obligation pursuant to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant ActLease, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, be deemed to: (a) impose any obligation on Landlord to do so; (b) render Landlord liable to Tenant or any third party for the failure to do so; or (c) relieve Tenant from any obligation to indemnify Landlord as otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of provided elsewhere in this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawLease.
Appears in 1 contract
Repairs and Maintenance. It is Section 7.1 Throughout the responsibility Term, Tenant covenants and agrees to take good care of the Tenant(s) Demised Premises at its sole cost and expense, including, without limiting the generality of the foregoing, the plumbing, heating, ventilating, air conditioning, electrical, lighting, sprinkler and other utility systems and fixtures and other equipment therein or serving the same and the appurtenances thereto, the structural components and roof and exterior walls of the Building, all grounds, parking lots, facilities, vaults, signs, gutters, sidewalks, curbs and other paved walkways and areas on and adjacent thereto, exterior lighting fixtures, water, sewer, gas and other utility connections, pipes and mains, and all other fixtures, machinery and equipment now or hereafter serving the same, and Tenant agrees to notify put, keep and maintain all of the Landlord immediately of any needed repair or unsafe condition existing around or foregoing in the Premises including but not limited to cracks in the foundationsafe, cracks in plastersound and lawful order and condition, moisture in walls and ceilingmake all repairs thereto and therein, buckling sheetrock or sidingordinary and extraordinary, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problemsforeseen and unforeseen, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs as shall be necessary to put, keep and maintain premises shall be done by or under the direction of the Landlordsame in such safe, at the Landlord’s expense, except those caused by negligence or acts of Tenant(ssound and lawful order and condition and in compliance with all Governmental Requirements and Insurance Requirements (as such terms are hereinafter defined), Tenant’s agentsand howsoever the necessity or desirability therefor may have occurred, and whether or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs not necessitated by normal wear and tear itemstear, obsolescence or defects, latent or otherwise. Tenant shall not commit or suffer and shall use all reasonable precaution to prevent waste, damage or injury to the Demised Premises or any part thereof. Tenant shall at all times during the Term, at Tenant's sole cost and expense, contract for and maintain regular service of the heating, ventilating, air conditioning, the adage “you broke it you pay sprinklers and any elevators and lifts in the Building and all equipment related thereto with recognized maintenance companies and shall forward to fix it” applies Landlord duplicate executed original copies of all contracts and all renewals and modification thereof. Said contracts shall include the thorough overhauling of said systems at least once each year and shall be kept in full force and effect during the Term by Tenant.
Section 7.2 Tenant, at its sole cost and expense, shall also keep and maintain the Demised Premises, including, without limitation, the sidewalks adjoining the same, in clean and orderly condition and free from dirt, snow, ice, rubbish, vermin, obstructions and other encumbrances.
Section 7.3 Tenant, at its own cost and expense, covenants and agrees to keep the drain, waste and sewer pipes and connections with mains which are used by Tenant free from obstruction to the Tenant(s) satisfaction of Landlord, its agents and it applies during tenancy as well as at the end of tenancyall authorities having jurisdiction. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) Tenant will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paintexpenses, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) losses and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous damages incurred by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission 's operations which result in the obstruction of drains, waste and sewer pipes and mains in or consentservicing the Building, there or any part thereof.
Section 7.4 When used in this Lease, the term "repairs" shall include all necessary replacements, renewals, alterations and additions. All repairs to be made by Tenant shall be no reduction of rent at least equal quality and Tenant(s) utility to the quality and utility of the utility systems, fixtures, machinery and equipment installed as of the Commencement Date and shall be liable for made in compliance with all costs of repairGovernmental Requirements and Insurance Requirements and the then applicable building code. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint Without limiting the Premises, moving furniture and wall hangings shall be the duty and expense generality of the Tenant(s). Tenant(s) understands there will foregoing, Tenant shall not clean or require, permit, suffer or allow any window of the Demised Premises to be no rent reductions, adjustments, or other compensation due to repairs or interruptions cleaned from the outside in violation of service except as provided by any applicable law.
Appears in 1 contract
Sources: Lease Agreement (Strainwise, Inc.)
Repairs and Maintenance. It is Landlord shall maintain in such condition and operating order (and shall keep in such repair and condition), in a manner substantially consistent with the responsibility maintenance and operational standards employed by landlords of Comparable Buildings, the structural portions of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises Building, including but not limited to cracks in the foundation, cracks floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, parking areas, stairwells, escalators, elevator cabs, plazas, pavement, sidewalks, curbs, entrances, landscaping, art work, sculptures, public men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "BUILDING STRUCTURE") and the base building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems and other base building systems and equipment which were not constructed by Tenant and are not located within the Premises (collectively, the "BUILDING SYSTEMS") and otherwise operate the Project in plaster, moisture a manner and condition materially comparable with the standards of operation as are generally customary for Comparable Buildings. Notwithstanding anything in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage this Lease to the unitcontrary, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises Tenant shall be done by or under required to repair the direction of Building Structure and/or the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform Building Systems to the original condition extent required because of (i) Tenant's use of the Premises at for other than normal and customary business office operations, or (ii) the time negligence or willful misconduct of Tenant or the Tenant(s) took possession. Although the Landlord repairs normal wear Tenant Parties, unless and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(sextent such damage is covered by insurance carried or required to be carried by Landlord pursuant to this Lease and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS EXCEPTION"). Except as provided as part of Landlord's obligations set forth above or elsewhere in this Lease, Tenant shall, at Tenant's own expense, pursuant to the terms of this Lease, including without limitation Paragraph 7 hereof, keep the Premises, including all improvements (including all existing improvement and all Alterations) and it applies fixtures, in good order and repair condition at all times during tenancy as well as at the end of tenancyLease Term (but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS exception). In addition, except as provided as part of Landlord's repair obligations set forth above or elsewhere in this Lease, Tenant shall, at Tenant's own expense but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Paragraph 7 hereof, promptly. and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances (but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS exception); provided however, that, at Landlord's option, but only if a Tenant(sTenant fails to make such repairs and replacements within thirty (30) calls for maintenance for which no days after notice thereof from Landlord (or such maintenance is needed (false callsooner period of time in the case of an emergency or to otherwise to protect life and property), Tenant(s) will Landlord may, but need not, make such repairs and replacements and Tenant shall pay Landlord the cost thereof, sufficient to reimburse Landlord for all costs arising from Landlord's involvement with such repairs and replacements to the extent not duplicative of Operating Expenses and to the extent the work is not performed by people whose salaries are paid out of Operating Expenses forthwith upon being billed for same. Landlord may, but shall not be charged for required to, enter the service call. Any Premises at all reasonable times to make such repairs, including laboralterations, materialimprovements and additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by applicable Regulations; provided, and parts usedhowever, which are except for emergencies, any such entry into the responsibility of the Tenant(s), must be pre-approved in writing Premises by the Landlord. Landlord shall be performed in a manner so as not to materially or adversely interfere with Tenant's use of, or ingress or egress to, the sole judge as to what repairs are necessaryPremises. Landlord shall have no obligation to repair any defective conditionTenant shall, nor shall any defense or remedy be available at Tenant's own expense, pursuant to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination provisions of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fireLease, rainincluding without limitation Paragraph 7 hereof, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint keep the Premises, moving furniture including all improvements, fixtures and wall hangings existing improvements, Alterations, fixtures, and the floor or the floors of me Building on which the Premises are located, in good order, repair and condition at all times during the Term (but such obligation shall be not extend to the duty Building Structure and expense the Building Systems except pursuant to the BS/BS Exception). Tenant hereby waives any and all rights under the benefits of Section l of Section 1932 and Sections 1941 and 1942 of the Tenant(s). Tenant(s) understands there will be no rent reductionsCalifornia Civil Code or under any similar law, adjustmentsstatute, or other compensation due to repairs ordinance now or interruptions of service except as provided by lawhereafter in effect.
Appears in 1 contract
Sources: Office Lease (L90 Inc)
Repairs and Maintenance. It is a) Tenant shall, throughout the responsibility Term and at Tenant's sole cost and expense, keep and maintain the Premises in a neat and orderly condition; and, upon expiration of the Tenant(sTerm, Tenant shall leave the Premises in good order and condition, ordinary wear and tear, damage by fire or other casualty (which fire or other casualty has not occurred through the negligence of Tenant or those claiming under Tenant or their agents, employees or invitees, respectively) alone excepted, and for that purpose and except as stated, Tenant will make all necessary repairs and replacements. Tenant shall not permit any waste, damage or injury to notify the Premises. Tenant shall not use or permit the use of any portion of the common areas for other than their intended use as specified by the Landlord immediately from time to time.
b) Landlord shall, throughout the Term, make all necessary repairs to the structural elements of any needed repair or unsafe condition existing around or in the Premises including but not limited the roof, HVAC and hot water systems servicing the Premises and other improvements located on the Property; provided, however, that Landlord shall have no responsibility to cracks make any repairs unless and until Landlord receives written notice of the need for such repair. Landlord shall undertake all such necessary repairs within three (3) business days and shall proceed with all due diligence to complete such repairs in an expeditious manner. Landlord shall keep and maintain all common areas of the foundationProperty and any sidewalks, cracks parking areas, curbs and access ways adjoining the Property in plastera clean and orderly condition, moisture free of accumulation of dirt and rubbish and shall keep and maintain all landscaped areas within the Property in walls a neat and ceilingorderly condition.
c) Notwithstanding the foregoing, buckling sheetrock repairs and replacements to the Premises and the Property an-sing out of or sidingcaused by Tenant's use, manner of use or, occupancy of the Premises, by Tenants installation of alterations, additions, improvements, trade fixtures or equipment in or upon the Premises or by any act or omission of Tenant or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord employee, agent, contractor or invitee of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs Tenant shall be made at the Tenant's sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense and Tenant shall pay Landlord the cost of the Tenant(s). Tenant(s) understands there will be no rent reductionsany such repair or replacement, adjustmentsas Additional Rent, or other compensation due to repairs or interruptions of service except as provided by lawupon demand.
Appears in 1 contract
Sources: Office Space Lease (Orapharma Inc)
Repairs and Maintenance. It is The Tenant shall, at its own cost and expense, throughout the responsibility Term and any extension thereof, maintain, repair, renew, and replace, as and when would a prudent owner, the Premises and Lands (and prior to the Landlord erecting any building on the relevant portion of the Tenant(sExcluded Greater Lands, the Tenant shall also maintain, repair, renew, and replace, as and when would a prudent owner the Excluded Greater Lands), excluding any Capital Repair or Replacement, and every part thereof, in good order and repair (ordinary wear and tear excepted, but subject to repair and replacement as would be made by a prudent owner) as would a prudent owner, and in accordance with all Laws and recommendations of all applicable Authorities having jurisdiction and keep the Premises free of debris and neat and tidy at all times and repair and maintain in good order and operating condition, and replace or rebuild whenever reasonably required the Premises. The Tenant shall cause the operation, maintenance and repair of the Premises to notify be conducted as would a prudent owner in accordance with manufacturer’s design capacity, specifications and recommendations and a maintenance program approved by the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of contractors approved by the Landlord, at in each case such approval not to be unreasonably withheld. The Tenant shall put in place and keep up to date a detailed maintenance, repair and replacement logbook and make same available to the Landlord’s expenseLandlord for its review, except those caused by negligence or acts of Tenant(s)and allow the Landlord to inspect the maintenance, Tenant’s agentsrepairs, or inviteesand replacements performed in accordance with such maintenance program, upon request from time to time. Tenant shall confirm with any requirements that the Landlord may have for the logbook, which repairs will include but not be limited to containing records of the dates of inspections, repairs, and replacements and a receipt for the same. If any Capital Repair or Replacement is required and/or necessary during the Term, the Landlord shall be undertake such Capital Repair or Replacement and each relevant year thereafter, the Tenant shall pay to the Landlord as Additional Rent forthwith upon demand being made at therefor by the sole Landlord upon the Tenant, an amount equal to the annual amortization of the cost of such Capital Repair or Replacement, on a straight line to zero basis, over the Tenant(snormal useful life of such Capital Repair or Replacement, all in accordance with GAAP or IFRS except if such Capital Repair or Replacement is charged entirely in the year incurred in accordance such principles plus interest on the unamortized balance equal to the Prime Rate plus two percent (2%). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. The Landlord shall be the responsible, at its sole judge as to what repairs are necessary. Landlord shall have no obligation to repair expense, for all Structural Repairs, excepting any defective condition, nor shall costs or expenses resulting from any defense or remedy be available to the Tenant(s), where the defective condition complained of was damage caused by Tenant or those form who it is responsible for at law, which shall be payable by Tenant to Landlord (together with a fifteen (15%) percent administration fee on the amount of such cost and expense) as Additional Rent forthwith upon demand being made therefor by the Landlord upon the Tenant. Tenant hereby acknowledges and agrees that Landlord (including its employees, ▇▇▇▇▇▇’s family, invitee, licensee, agents or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord contractors) shall be permitted access to the Premises to perform any maintenance, repairs or replacements for purposes which Landlord is responsible under this Lease, and such access (which may include temporary storage of equipment or materials at the Premise, interruption of utilities, and the temporary occupancy of portions of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(sPremises) shall not paint, re-wallpaper, or otherwise redecorate or make alterations constitute a default by the Landlord hereunder so long as Landlord uses commercially reasonable efforts to the Premises without the written consent minimize interruption of the Landlord. If written consent is given, such alterations shall be Tenant’s business at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there There will be no rent reductions, adjustments, compensation or other compensation due abatement in Rent related to repairs any access. Landlord is not responsible for any damage caused as a result of such access or interruptions of service except as provided by lawwork.
Appears in 1 contract
Sources: Lease (Cannapharmarx, Inc.)
Repairs and Maintenance. It is the responsibility of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or Tenant shall make ordinary interior repairs in the Premises including Premises. Landlord shall maintain and promptly make all exterior repairs and common area maintenance, all repairs, replacements or retro-fitting of a permanent character (including, but not limited to cracks to, components in the air conditioning, boiler and heating systems, HVAC system, sprinkler system, gas lines, electrical and plumbing fixtures and hot water systems, including heaters), and all floors and floor surfaces, driveways, parking lots, bus docks, wall, roof (including water tightness), foundation, cracks in plasterfootings, moisture in walls Building Systems (as herein defined) and ceilingstructural repairs, buckling sheetrock or sidingsupport systems, strengthenings, alterations, reconstructions, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord additions necessitated by reason of visible problemslapse of time, which result in weakness or decay, insect infestation, or damage to or destruction of the unitPremises, then Tenant(s) becomes liable or to any part thereof, or which may, at any time, be required by any governmental or public authority, except for cost any damage caused by Tenant’s negligence, or the negligence of resultant damageits agents, employees, sub- tenants or invitees. All repairs necessary to maintain premises The “Building Systems” shall be done by or under construed as the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), building utility elements essential for Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition use and occupancy of the Premises at including, but not limited to, such systems as are not readily accessible to Tenant, such as underground water, sewer, electric and other utility lines and all trash removal, janitorial and elevator services and maintenance services related to the time Premises. Tenant shall surrender the Tenant(s) took possession. Although Premises in as good order, repair and condition as the Landlord repairs normal same were in the commencement of the Term, damage by fire and items covered by extended coverage insurance, unavoidable casualty, reasonable wear and tear itemstear, the adage “you broke it you pay to fix it” applies to the Tenant(s) alterations, improvements and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, additions made by Tenant and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation ’s failure to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawexcepted.
Appears in 1 contract
Sources: Lease Agreement
Repairs and Maintenance. It is 18.1 Landlord shall repair, replace and maintain in good condition and repair the responsibility structural and exterior portions of the Tenant(s) Building and Project and the Common Areas, including foundations, exterior walls, load bearing walls, windows, plate glass, roofing, and roofing covering materials, and plumbing, fire sprinkler system, heating, ventilating, air conditioning, elevator, and electrical systems installed or furnished by Landlord, subject to notify reimbursement by Tenant as its Pro Rata Share of Operating Expenses to the Landlord immediately extent provided by Article 7. However, if such maintenance or repairs are required because of any needed repair act, neglect, fault of or unsafe omissions of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord the costs of such maintenance and repairs attributable to Tenant’s act, neglect, fault or omission.
18.2 Except as otherwise set forth in Section 18.1, Tenant shall, throughout the term of this Lease, at Tenant’s sole cost and expense keep the Premises and every part thereof in good condition existing around and repair. Tenant shall upon the expiration or earlier termination of the term hereof surrender the Premises to Landlord in the Premises including but not limited same condition as when received, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted.
18.3 Tenant hereby waives Civil Code Sections 1941 and 1942 relating to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary a landlord’s duty to maintain premises shall be done by the Premises in a tenantable condition, and the under said sections or under the direction of the Landlordany law, statute or ordinance now or hereafter in effect to make repairs at the Landlord’s expense, except those caused .
18.4 There shall be no abatement of Rent and no liability of Landlord by negligence reason of any injury to or acts of Tenant(s), interference with Tenant’s agentsbusiness arising from the making of any repairs, alterations or improvements in or to any portion of the Premises, or inviteesin or to improvements, which repairs shall be made at fixtures, equipment and personal property therein unless such injury or interference is unreasonable under the sole cost circumstances and is the result of the Tenant(s)Landlord’s grossly negligent or willful act or omission. Such repairs shall be made Subject to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In additionSection 21.8, if a Tenant(s) calls for maintenance for repairs or replacements become necessary which no such maintenance is needed (false call), Tenant(s) will be charged for by the service call. Any repairs, including labor, material, and parts used, which terms of this Lease are the responsibility of Tenant and Tenant fails to make the Tenant(s)repairs or replacements, must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available may do so pursuant to the Tenant(s), where the defective condition complained provisions of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising Section 24.3.
18.5 Notwithstanding any of the remedies foregoing, in accordance with the Landlord-Tenant Actevent of a fire, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) earthquake, flood, war or other similar cause of damage or destruction, this Article shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises applicable and the Owner’s property upon termination provisions of this Lease Article 22, entitled “Damage or Destruction,” shall apply and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawcontrol.
Appears in 1 contract
Sources: Lease Agreement (Salmedix Inc)
Repairs and Maintenance. It is 15.1 Tenant shall, throughout the responsibility term of this Lease, at Tenant's sole cost and expense, take good care of the Tenant(s) Demised Premises and the fixtures, equipment, facilities and appurtenances therein and shall make all non-structural repairs thereto as and when needed to notify the Landlord immediately of any needed repair or unsafe condition existing around or preserve them in the Premises including but not limited to cracks in the foundationgood working order and condition, cracks in plaster, moisture in walls reasonable wear and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damagetear accepted. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which 's repairs shall be made at of quality or class comparable to the sole cost of the Tenant(s). Such repairs original work or construction and shall be made to conform to in accordance with the original condition applicable provisions of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancyArticle 13 hereof. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call)Tenant, Tenant(s) will be charged for the service call. Any at its expense, shall promptly make all repairs, including laborordinary or extraordinary, materialinterior or exterior, structural or otherwise, in and parts usedabout the Demised Premises and the Building, which are as shall be required by reason of (i) the responsibility performance or existence of Tenant's Initial Alterations or other Tenant's Changes, (ii) the installation, use or operation of Tenant's Property in the Demised Premises, (iii) the moving of Tenant's Property or any other property owned or being delivered to or from Tenant in or out of the Tenant(s)Building, must or (iv) the acts or omissions of Tenant or any of its employees, agents, contractors quests and invitees; but Tenant shall not be pre-approved responsible, for any of such repairs as are required by reason of Landlord's neglect or other fault in writing the manner of performing any of Tenant's Changes which may be undertaken by the LandlordLandlord for Tenant's account or are otherwise required by reason of neglect or other fault of Landlord or its employees, agents, contractors, guests and invitees. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available Except if due to the Tenant(s)neglect or other fault of Landlord or its employees, where the defective condition complained of was caused by the agents or contractors, Tenant, ▇▇▇▇▇▇’s familyat its expense, inviteeshall replace all scratched, licensee, damaged or other person acting under broken doors and glass in the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Demised Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) and shall be responsible for all broken glass. Tenant(s) repairs, maintenance and replacement of wall and floor coverings in the Demised Premises and for the repair and maintenance of all lighting fixtures therein.
15.2 Landlord, at its expense, shall not paintkeep and maintain the Building and its fixtures, re-wallpaperappurtenances, or otherwise redecorate or make alterations to systems and facilities serving the Premises without the written consent of the Landlord. If written consent is givenBuilding and Demises Premises, such alterations shall be at the expense of the Tenant(s) in working order, condition and repair and shall become part of make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the Premises and the Owner’s property upon termination Demised Premises, except for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease and tenancy. Tenant(s) Lease.
15.3 Except as expressly provided in this Lease, Landlord shall not permit any act or thing deemed hazardous by Landlord due have no liability to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises Tenant by reason of Tenant’s permission any inconvenience, annoyance, interruption or consentinjury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Lease, there shall be no reduction or required by law, to make in or to any portion of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets the Building or paint the Demised Premises, moving furniture and wall hangings shall be or in or to the duty and expense fixtures, equipment, or appurtenances of the Tenant(s)Building or the Demised Premises. Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to Landlord shall undertake any such repairs or interruptions changes in a manner which will not unreasonably and materially interfere with Tenant's use or occupancy of service except as provided by lawthe Demised Premises.
Appears in 1 contract
Sources: Lease (Merit Behavioral Care Corp)
Repairs and Maintenance. It is 18.1 Tenant shall, throughout the responsibility 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 Tenant(s) Premises and every part thereof (subject to notify the Landlord immediately of any needed wear and tear consistent with commercially reasonable maintenance and repair standards applicable to comparable buildings), including structural and capital improvements, all improvements, fixtures, equipment and personal property built or unsafe condition existing around or installed in the Premises Premises, and all appurtenances thereto, including but not limited to cracks sidewalks, parking areas, curbs, roads, driveways, lighting standards, landscaping, sewers, water, gas and electrical distribution systems and facilities, drainage facilities, and all signs, both illuminated and non-illuminated that are now or hereafter on the Premises. Without in any way limiting the foundationforegoing, cracks Tenant shall maintain the lines designating the parking spaces in plastergood condition and paint the same as often as may be necessary, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to so that they are easily discernable at all times; resurface the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs parking areas as necessary to maintain premises shall be done by or under the direction it in good condition; paint any exterior portions of the LandlordBuilding as necessary to maintain them in good condition; maintain the roof in good condition; and to take all reasonable precautions to insure that the drainage facilities of the roof are not clogged and are in good operable condition at all times.
18.2 Tenant shall at all times during the term of this Lease, and at the LandlordTenant’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at maintain the sole cost exterior of the Tenant(s). Such repairs shall be made to conform to Building, the original condition parking areas, landscaping and all other portions of the Premises at visible from the time surrounding streets in a commercially reasonable condition, and shall maintain sightly screens, barricades or enclosures around any waste or storage areas.
18.3 There shall be no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the Tenant(s) took possession. Although making of any repairs, alterations or improvements in or to any portion of the Landlord repairs normal wear Premises, or in or to improvements, fixtures, equipment and tear itemspersonal property therein, the adage “you broke it you pay to fix it” applies unless and to the Tenant(s) and it applies during tenancy as well as at extent of Landlord’s negligent or intentional misconduct. If repairs or replacements become necessary which by the end terms of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which this Lease are the responsibility of Tenant and Tenant fails to make the Tenant(s)repairs or replacements, must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available may do so pursuant to the Tenant(s)provisions of Section 24.3 of this Lease, where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇and Landlord’s family, invitee, licensee, or other person acting under the control or direction performance of the Tenant(s), same shall in no event waive any default by Tenant or where the release Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising from any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawits obligations hereunder.
Appears in 1 contract
Repairs and Maintenance. It is LESSEE, shall, at its own expense, keep and maintain the responsibility interior of the Tenant(s) building, including painting the doors, and keeping all mechanical equipment, storm sewers, water retention areas, roof drains and landscaping in good condition and repair, so as to notify tender it to LESSOR on the Landlord immediately of any needed repair or unsafe condition existing around or termination date, broom clean and in the Premises including but not limited to cracks in same condition as received, ordinary wear and tear, damage by fire or other casualty and the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence elements or acts of Tenant(s)God excepted. LESSOR shall, Tenant’s agentsat its own expense, keep and maintain the structural and exterior (excluding cosmetics, painting or hairline cracks which are not structural or cracks which are caused by LESSEE's negligence) portions of the building except LESSOR SHALL HAVE NO RESPONSIBILITY WHATSOEVER FOR MAINTENANCE OF ROOF DRAINS OR LANDSCAPING. LESSOR, shall, at or before Commencement Date, or inviteesas soon thereafter as possible, which repairs (LESSOR using best efforts) assign to LESSEE all equipment warranties and guaranties received by it with respect to the improvements. LESSOR shall use its best efforts to cause the plumbing, heating, electric, roofing and paving subcontractors to guarantee their work (labor and materials) for a minimum of one (1) year, or such longer period as may be made customary; to the extent LESSOR is able to obtain same, after using its best efforts, from said subcontractors and shall deliver said guaranties to LESSEE at or before the sole cost Commencement Date, or as soon thereafter as possible (LESSOR using best efforts). LESSOR warrants the Addition, equipment and paved areas to be free from defects in labor, material or structural design for a period of one year from the Commencement Date of the Tenant(s)Lease. Such During said period, LESSOR shall repair, replace or otherwise correct any such defects or deficiencies promptly upon receipt of written notice from LESSEE. Said written notice must be received on or Before the expiration of said one year period. If notice is timely, LESSOR shall have the continuing responsibility to remedy said defect. LESSEE, following said first year, shall, at its own expense, make all repairs shall be made to conform to and provide for the original condition maintenance of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear itemsheating plant, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In additionair conditioning or air cooling units, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call)plumbing, Tenant(s) will be charged for the service call. Any repairs, including labor, materialsanitary sewer lines, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or all other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or fixtures on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.
Appears in 1 contract
Sources: Lease to Build Addition Agreement (Reflectone Inc /Fl/)
Repairs and Maintenance. It is 11.1 Throughout the responsibility Term of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundationthis Lease, cracks in plasterLessee, moisture in walls at its sole cost and ceilingexpense, buckling sheetrock or sidingwill keep and maintain, or any leaks. If ▇▇▇▇▇▇cause to be kept and maintained, the Demised Premises (sincluding the grounds, sidewalks and curbs abutting the same) fails and the Personal Property in good order and condition without waste and in suitable state of repair at least comparable to that which existed immediately notify Landlord of visible problems, which result in damage prior to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal Commencement Date (ordinary wear and tear itemsexcepted, the adage “you broke it you pay subject to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no Lessee's obligation to repair any defective condition, nor shall any defense or remedy be available to and replace the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies same in accordance with the Landlord-Tenant Actterms of this Lease), Tenant(s) must and will make or cause to be current in rentmade, as and when the same shall become necessary, all structural and nonstructural, exterior and interior, replacing, repairing and restoring necessary to that end. Tenant(s) All replacing, repairing and restoring required of Lessee shall be responsible for all broken glass. Tenant(s(in the reasonable opinion of Lessor) shall not paint, re-wallpaper, or otherwise redecorate or make alterations of quality at least equal to the Premises without the written consent of the Landlord. If written consent is given, such alterations original work and shall be at in compliance with all standards and requirements of law, licenses and municipal ordinances necessary to operate the expense Demised Premises as a Medicare and Medicaid certified skilled and/or intermediate care nursing home having no less than one hundred twenty three (123) licensed, and Medicaid certified beds.
11.2 Any items of the Tenant(s) Personal Property that are uneconomical to repair shall be replaced by new items of like kind and all replacement items shall become part of the Personal Property. No items of Personal Property shall be removed from the Demised Premises except in connection with repair or replacement of such items. Lessee may place additional property on the Demised Premises (not required for the replacement of the Personal Property) and such additional property shall be and remain the Owner’s property of Lessee. Lessee shall remove such additional property upon termination or expiration of this Lease provided that Lessee shall make such necessary repairs or replacements as may be required in order to return the Demised Premises to the condition which existed prior to the removal of the additional property.
11.3 Provided there is not an Event of Default by Lessee under this Lease, Lessee shall have the right, at any time and tenancy. Tenant(s) shall not permit from time to time, to remove and dispose of any act Personal Property which may have become obsolete or thing deemed hazardous by Landlord due to potential risk of fire unfit for use, or which will increase is no longer useful in the rate operation of insurance on said the Demised Premises, provided Lessee promptly replaces any such Personal Property so removed or disposed of with other personal property free of any security interest, lien or encumbrance. In case the Premises or surrounding areas Said personal property shall be damaged by fireof the same character and shall be at least equal in usefulness and quality as any such Personal Property so removed or disposed of, rainand such replacement property shall automatically become the property of and shall belong to the Lessor, wind, and Lessee shall execute such bills of sale or other cause beyond documents reasonably requested by Lessor to vest the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time ownership of such destruction and from thenceforth this Lease Agreement personal property in Lessor. Notwithstanding the foregoing, Lessee shall cease and come have the right to an endplace leased Personal Property on the Demised Premises provided that the payments due under such leases do not exceed $4,000 per year. In the event, event Lessee desires to place leased personal property on the damage is caused by the act Demised Premises having annual payments in excess of the Tenant(s)amount provided for herein, or someone Lessee shall advise Lessor in or on writing and Lessor shall use its reasonable best efforts to seek the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense approval of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, Mortgagee or other compensation due to repairs or interruptions an amendment of service except as provided by lawthe Mortgage with respect thereto.
Appears in 1 contract
Repairs and Maintenance. It is the responsibility 14.1. Tenant shall take good care of the Tenant(s) Demised Premises.
14.2. Tenant shall not place a load upon any floor of the Demised Premises which exceeds the load per square foot which such floor was designed to notify carry and which is allowed by law.
14.3. Business machines and electronic, sound and mechanical equipment belonging to Tenant which cause noise or vibration that may be transmitted to the structure of the Building or to the Demised Premises to such a degree as to be reasonably objectionable to Landlord immediately shall be placed and maintained by the party owning the machines or equipment at such party's expense, in settings of cork, rubber or spring type vibration eliminators sufficient to eliminate noise or vibration. In the event of any needed repair violation, Tenant shall be obligated to make such repairs to the Demised Premises and Building, resulting therefrom and to take all steps reasonably necessary to eliminate such noise or unsafe condition existing around vibration.
14.4. Tenant shall not move any safe, heavy equipment or bulky matter in or out of the Premises including but not limited to cracks in Building without the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problemsLandlord's prior written consent, which result in damage consent Landlord agrees not to the unit, then Tenant(s) becomes liable for cost of resultant damageunreasonably withhold or delay. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs such moving shall be made at during hours which will least interfere with the sole cost normal operations of the Tenant(s). Such repairs Building and all damage caused by such movement shall be made to conform to the original condition of the Premises promptly repaired by Tenant at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessaryTenant's expense.
14.5. Landlord shall have no obligation liability to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission any inconvenience, annoyance, interruption or consentinjury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Lease, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent or required by Law, to clean, replace carpets make in or paint the Premises, moving furniture and wall hangings shall be the duty and expense to any portion of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustmentsBuilding or the Demised premises, or other compensation in or to the fixtures, equipment or appurtenances of the Building of the Demised Premises. Landlord agrees to use due diligence with respect thereto and shall perform work, except in case of emergency, at times reasonably convenient to repairs Tenant and otherwise in such manner as will not materially interfere with Tenant's use of the Demised Premises.
14.6. Tenant shall receive deliveries of goods and merchandise only in such manner, at such times and in such areas as will not unreasonably interfere with the operation of the Building or interruptions of service except as provided by lawthe tenants thereof.
Appears in 1 contract
Repairs and Maintenance. It is Tenant shall, at all times during the responsibility Lease Term and at its sole cost and expense, regularly clean and continuously keep and maintain in good order, condition and repair the Leased Premises, the Building and the Property and every part thereof including, without limiting the generality of the Tenant(sforegoing, (i) all walls, floors and ceilings, (ii) all windows, doors and skylights, (iii) all electrical wiring, conduits, connectors and fixtures, (iv) all plumbing, pipes, sinks, toilets, faucets and drains, (v) all lighting fixtures, bulbs and lamps, elevators, and all heating, ventilating and air conditioning equipment, and (vi) all entranceways to notify the Landlord immediately Leased Premises. Tenant shall hire, at Tenant’s sole cost and expense, a licensed heating, ventilating and air conditioning contractor to regularly and periodically (not less frequently than every three months) inspect and perform required maintenance on the heating, ventilating and air conditioning equipment and systems serving the Leased Premises, and a licensed roofing contractor to regularly and periodically (not less frequently than every three months) inspect and perform required maintenance on the roof of any needed the Leased Premises. Tenant shall, at all times during the Lease Term, keep in a clean and safe condition the Outside Areas. Tenant shall regularly and periodically sweep and clean the driveways and parking areas. Tenant shall, at its sole cost and expense, repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in all damage to the unitLeased Premises, the Building, the Outside Areas or the Property caused by the activities of Tenant, its employees, invitees or contractors promptly following written notice from Landlord to so repair such damages. If Tenant shall fail to perform the required maintenance or fail to make repairs required of it pursuant to this paragraph within a reasonable period of time following notice from Landlord to do so, then Tenant(s) becomes liable Landlord may, at its election and without waiving any other remedy it may otherwise have under this Lease or at law, perform such maintenance or make such repairs and charge to Tenant, as Additional Rent, the costs so incurred by Landlord for cost of resultant damagesame. All repairs necessary to maintain premises shall be done by glass within or under the direction a part of the LandlordLeased Premises, at the Landlord’s expenseboth interior and exterior, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made is at the sole risk of Tenant and any broken glass shall promptly be replaced by Tenant at Tenant’s expense with glass of the same kind, size and quality. Notwithstanding the foregoing. Landlord agrees that Landlord shall be responsible for repairs to the roof of the Building to be made as soon as reasonably practicable after the Lease Commencement Date, up to a maximum cost of the Tenant(sTen Thousand Dollars ($10,000.00). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if performed by a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous licensed contractor chosen by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged and reasonably approved by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.
Appears in 1 contract
Repairs and Maintenance. It is 18.1. Subject to Section 18.2 below, Landlord shall repair and maintain the responsibility structural and exterior portions and Common Area of the Tenant(sBuilding and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); Base HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2. Except as otherwise set forth in this Lease, Tenant shall at Tenant's sole cost and expense maintain and keep the interior of the Premises and every part thereof (and all equipment, systems and facilities serving the Premises, regardless of where such equipment, systems and facilities are located) 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 notify Landlord any maintenance records that Landlord reasonably requests. Landlord may elect to perform repairs, maintenance and replacements as required for any mechanical, electrical or plumbing or process systems (such as any RO/DI system, electric steam boilers, or similar equipment) serving the Premises, or may elect to require Tenant to repair and maintain all or any of such systems that exclusively serve the Premises. As to any systems that Landlord immediately elects to repair and maintain, all costs to repair, maintain and replace (if required) such system or equipment will be payable by Tenant to Landlord as Additional Rent within thirty (30) days after invoicing therefor. In the event any such systems or equipment serve multiple tenants, the cost of repair, maintenance and replacement will be equitably allocated among the tenants using the applicable system or equipment based on their relative usage, as determined by Landlord. In the event Landlord elects to have Tenant perform all repairs, maintenance and replacement of any needed such systems or equipment exclusively serving the Premises, Tenant will perform such repairs, maintenance and replacement required to keep such systems in good working order and condition, at Tenant's sole cost. Tenant will be required to engage contractors for such purposes that are reasonably approved by Landlord and will provide Landlord with copies of all repair and maintenance records relating to such systems or unsafe condition existing around equipment. Tenant shall, upon the expiration or in sooner termination of the Term, surrender the Premises including but not limited and all systems and equipment that Tenant is required to cracks maintain hereunder to Landlord in as good a condition as when received and with the foundationTenant Improvements in substantially the same condition as existed when completed, cracks in plasterordinary wear and tear excepted; and shall, moisture in walls at Landlord's request and ceilingTenant's sole cost and expense, buckling sheetrock remove all telephone and data systems, wiring and equipment installed or sidingused by Tenant from the Premises, or and repair any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those Premises caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessarythereby. Landlord shall have no obligation to repair alter, remodel, improve, repair, decorate or paint the Premises or any defective conditionpart thereof
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord's obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord's expense
18.4. If any excavation shall be made upon land adjacent to or under the Building, nor or shall any defense or remedy be available authorized to be made, Tenant shall afford to the Tenant(s)person causing or authorized to cause such excavation, where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails license to notify the Landlord of the condition or allow the Landlord access to enter the Premises for purposes the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant's obligations under this Lease. Landlord will cause any parties performing work pursuant to this Section 18.4 to use commercially reasonable efforts to minimize any interference with Tenant's use and occupancy of the repairPremises.
18.5. Before exercising any This Article relates to repairs and maintenance arising in the ordinary course of operation of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises Building and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an endProject. In the eventevent of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the damage is caused event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6. Costs incurred by the act of the Tenant(s)Landlord pursuant to this Article shall constitute Operating Expenses, unless expressly excluded by this Lease or someone in or on the Premises otherwise payable by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except Tenant as provided by lawAdditional Rent.
Appears in 1 contract
Sources: Lease Agreement (Natera, Inc.)
Repairs and Maintenance. It is the responsibility of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks18.1. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at its own cost, shall repair the Landlord’s expensestructural portions of the Premises, except those caused including, without limitation, foundations, structural interior partitions, and exterior walls, unless such repairs are required in whole or in part because of any act, neglect, fault of or omissions of any duty by negligence or acts of Tenant(s)Tenant, Tenant’s its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the full cost of such repairs shall be made prior to and as a condition to Landlord’s obligation to make such repairs.
18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall, at the its sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of and expense, keep the Premises at the time the Tenant(sand every part thereof (including, without limitation, plumbing, fire sprinkler system (if any), heating, ventilating, air conditioning, elevator, electrical systems, exterior landscaping and, subject to Section 7.4 hereof, roofing and covering materials and parking areas) took possession. Although the Landlord repairs normal in good condition and repair, ordinary wear and tear itemsexcepted. Tenant shall, upon the adage “you broke it you pay expiration or earlier termination of this Lease, surrender the Premises to fix it” applies to the Tenant(s) Landlord in at least as good as its condition when received, ordinary wear and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessarytear excepted. Landlord shall have no obligation to repair alter, remodel, improve, repair, decorate or paint the Premises or any defective condition, nor part thereof.
18.3. Landlord shall not be liable for any defense failure to make any repairs or remedy to perform any maintenance which is an obligation of Landlord unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Tenant waives the rights that may be available to it under the Tenant(s)laws of the State in which the Premises is located or under any similar law, where statute or ordinance now or hereafter in effect to make repairs at Landlord’s expense. Prior to entering the defective condition complained Premises to perform work and make repairs which are permitted or required pursuant to the terms of was caused by this Lease (except in the event of an emergency, in which event such right and access shall be unrestricted) Landlord shall give Tenant reasonable advance notice of the proposed entry or access. Landlord shall perform all work and make all repairs in a manner designed to reasonably minimize any material interference with Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, use of the Premises (although Landlord shall not thereby be required to incur overtime or other person acting under the control or direction of the Tenant(s), or where the additional expense to do so unless Tenant unreasonably fails to notify the requests Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) do so and shall become part pay for such expense).
18.4. This Article 18 relates to repairs and maintenance arising in ordinary course of operation of the Premises and the Owner’s property upon termination any related facilities, including minor acts of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an endvandalism. In the eventevent of fire, the damage is caused by the act earthquake, flood, riot, major acts of the Tenant(s)vandalism, war, or someone in similar cause of damage or on destruction, this Article 18 shall not be applicable and the Premises by reason provisions of Tenant’s permission or consent, there Article 22 shall be no reduction of rent apply and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawcontrol.
Appears in 1 contract
Sources: Lease (Supernus Pharmaceuticals Inc)
Repairs and Maintenance. It is Landlord, at its sole cost and expense, shall maintain and keep in good order and repair and make any necessary replacements to the responsibility roof, foundation, structural components, and exterior walls of the Tenant(s) Building; provided, however, that Landlord shall not be required to notify make any repairs or replacements required as a result of the Landlord immediately act or neglect of Tenant, its employees, contractors, licensees, agents and/or invitees (including, without limitation, the Tenant Alterations). Except for Landlord's obligations set forth above and any needed repairs required as a result of a fire or other casualty to which the provisions of Section 11. are applicable, Tenant agrees, at its sole cost and expense, to keep in good order and operating condition and repair or unsafe condition existing around or in all portions of the Premises including Building and the Premises, including, but not limited to cracks in the foundationto, cracks in plasterall day-to-day maintenance and repair (and, moisture in walls and ceilingif necessary, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(sreplacement) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the LandlordBuilding, at the Landlord’s expenseHVAC system, except those caused by negligence or acts of Tenant(s)plumbing, Tenant’s agentselectrical system, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear grounds and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, materialparking lot, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part take good care of the Premises and the Owner’s property upon termination of this Lease and tenancypermit no waste thereto. Tenant(s) If Landlord shall not permit any act or thing deemed hazardous by commence such repairs within the fifteen (15) days following written notice from Tenant that such repairs are necessary then Tenant may, at its option, cause such Landlord due repairs to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas be made and shall be damaged by fire, rain, wind, or other cause beyond the control furnish Landlord with a statement of the reasonable and actual cost of such repairs upon substantial completion thereof. Landlord or shall reimburse Tenant for the Tenant17 18 reasonable and actual cost of such repairs within thirty (30) days of the date of the statement from Tenant setting forth the amount due, provided, however, should Landlord fail to reimburse Tenant with said thirty (30) day period, then the Premises or surrounding areas shall be repaired within a reasonable time Tenant may, at the expense of the Landlord; its option, offset such amount against subsequent Rent and in case the damage is so extensive as to render the Premises unfit for human habitation, the additional rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth due under this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawLease.
Appears in 1 contract
Repairs and Maintenance. It is a. Landlord agrees, at its expense, to keep the responsibility following portions of the Tenant(s) to notify Building in good condition and repair: the Landlord immediately foundations, the structural portion of any needed repair or unsafe condition existing around or the exterior walls, the roof, and the electrical, water, sewer, and gas lines located in the Premises including Building, but outside of the Leased Premises, and used in common with other tenants. Landlord shall not limited be obligated to cracks make any repairs until it has had reasonable opportunity to have same repaired after being notified in writing of the need of same by Tenant. In no way shall Landlord be required to make any repairs and maintenance where such repairs and maintenance are occasioned by Tenant’s negligence. Landlord shall not be liable to Tenant for any damage to merchandise, trade fixtures, inventory, work in process or personal property of Tenant in the foundationLeased Premises caused by water leakage from roof, cracks water lines, sprinkler or hearting and air conditioning equipment.
b. Subject to the obligation of Landlord set forth in plasterSection 9(a), moisture Tenant agrees, at Tenant’s expense, to keep the Leased Premises in walls good condition and ceilingrepair, buckling sheetrock clean, sanitary and safe, including, without limitation: the HVAC, plumbing, and electrical systems and facilities (including, without limitation, any such systems or sidingfacilities which are outside of the Leased Premises (such as on the roof of the building) but service only the Leased Premises, other building equipment, fixtures, any property of Landlord that may be classified as personal property, and doors and windows (including all plate glass). Tenant agrees to paint the interior of the Leased Premises when, in Tenant’s reasonable discretion, such painting shall be necessary, in order to maintain at all times a clean and sightly appearance. If Tenant refuses or neglects to make repairs and/or maintain the Leased Premises or any leakspart thereof, in a manner reasonably satisfactory to Landlord, Landlord shall have the right, upon giving Tenant reasonable written notice of its election to do so, to make such repairs or perform such maintenance on behalf of and for the account of Tenant. If In such event, such work shall be paid for by Tenant as additional rental promptly upon receipt of a ▇▇▇▇▇▇(s) fails ▇ therefore.
c. Upon execution of this lease agreement, the Landlord and the Tenant shall coordinate a mutually acceptable schedule to immediately notify Landlord of visible problems, which result in damage to have the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under paint the direction office area of the Landlordleased space, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.
Appears in 1 contract
Repairs and Maintenance. It is Landlord shall maintain, or cause to be ----------------------- maintained in first class working condition, the responsibility common areas of the Tenant(s) to notify Building and the Landlord immediately land upon which it is situated, including without limitation the lobbies, elevators, stairs, and corridors, the roof, foundations, structural elements, building systems (including, without limitation, the primary building HVAC but excluding any supplemental HVAC system serving the Premises), parking areas and exterior walls of the Building, and the underground utility and sewer pipes outside the exterior walls of the Building, if any, except any needed repair of such repairs rendered necessary by the negligence or unsafe condition existing around misconduct of Tenant, its agents, customers, employees, independent contractors, guests or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇invitees (s) fails to immediately notify Landlord of visible problems, which result in damage to the unitextent not released by Landlord pursuant to Section 18.2), then Tenant(s) becomes liable for cost the repair of resultant damage. All repairs necessary to maintain premises which shall be done paid for by or under Tenant within thirty (30) days of Landlord's written demand with backup invoices. Landlord shall not alter the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition existing windows of the Premises at (whether by addition of film or otherwise). Subject to Landlord's right of access pursuant to Article 17, Tenant shall be exclusively responsible for the time interior of the Tenant(s) took possession. Although Premises (other than structural elements of the Landlord repairs normal wear Building and tear items, portions of the adage “you broke it you pay to fix it” applies to Building systems within the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false callPremises), Tenant(s) will which shall be charged for the service call. Any repairs, including labor, materialmaintained by Tenant in good order and repair, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have under no obligation to inspect the Premises or, except as otherwise expressly provided in this Lease, repair the Premises. Tenant shall promptly report in writing to Landlord any defective conditioncondition known to it which Landlord is required to repair, nor and failure to so report such defects shall make Tenant responsible to Landlord for any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous liability incurred by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission such conditions. Tenant hereby waives the right to make repairs at Landlord's expense under any law, statute or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets ordinance now or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawhereafter in effect.
Appears in 1 contract
Sources: Deed of Lease (Vialog Corp)
Repairs and Maintenance. It is 18.1 Landlord shall, throughout the responsibility term of this Lease, at its own cost and expense, and without any cost or expense to Tenant, keep and maintain in good condition and repair the structural components of the Tenant(s) footings, foundation, bottom floor slab, and load bearing walls of the Premises, subject to notify the wear and tear consistent with commercially reasonable maintenance and repair standards applicable to comparable buildings. In addition, Landlord immediately of shall, at its own cost and expense, and without any needed cost or expense to Tenant, promptly repair any patent or unsafe condition existing around or latent defects in the design, materials or construction of the work required of Landlord to the extent of Landlord’s warranties in Section 14.2.
18.2 Except as otherwise set forth in Section 7.2(n) and 18.1, Landlord shall, throughout the term of this Lease, subject to reimbursement by Tenant as Operating Expenses under
Section 7.1 and without any cost or expense to Landlord, keep and maintain in good, sanitary and neat order, condition, and repair, the Premises and every part thereof (subject to wear and tear consistent with commercially reasonable maintenance and repair standards applicable to comparable buildings), including structural and capital improvements, all improvements, fixtures, equipment and personal property built or installed in the Premises, and all appurtenances thereto, including but not limited to cracks sidewalks, parking areas, curbs, roads, driveways, lighting standards, landscaping, sewers, water, gas and electrical distribution systems and facilities, drainage facilities, and all signs, both illuminated and non-illuminated that are now or hereafter on the Premises. Without in any way limiting the foundationforegoing, cracks Landlord shall maintain the lines designating the parking spaces in plastergood condition and paint the same as often as may be necessary, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to so that they are easily discernable at all times; resurface the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs parking areas as necessary to maintain premises it in good condition; paint any exterior portions of the Building as necessary to maintain them in good condition; and maintain the roof in good condition.
18.3 Tenant shall be done by maintain sightly screens, barricades or enclosures around any waste or storage areas.
18.4 Tenant hereby waives Civil Code Sections 1941 and 1942 relating to a landlord’s duty to maintain the Premises in a tenantable condition, and under said sections or under the direction of the Landlordany law, statute or ordinance now or hereafter in effect to make repairs at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.
Appears in 1 contract
Sources: Sublease (Salmedix Inc)
Repairs and Maintenance. It is 15.01 Tenant, at its sole cost and expense, (a) shall maintain in good working order and condition, and shall repair promptly, the responsibility floors, ceilings, interior walls, and doors of the Tenant(sPremises, (b) shall maintain in good working order and condition all other portions of the Premises, and the fixtures, equipment and appurtenances therein, including all Building systems and equipment therein that have been installed or modified in any way by or on behalf of Tenant or any other Tenant Party, and (c) promptly shall make all nonstructural repairs to notify all of the Landlord immediately foregoing as and when needed to preserve the Premises (and all such fixtures, equipment and appurtenances) in good working order and condition, except for reasonable wear and tear and damage by casualty or condemnation. Furthermore, and notwithstanding anything in this Sublease to the contrary, Tenant, at its sole cost and expense, shall maintain in good working order and condition, repair promptly, all devices, systems, equipment and installations, whether located inside or outside the Premises and regardless of any needed repair the nature of such repairs, that exclusively service the Premises (including the Supplemental HVAC Units, the Roof Installations, the Tenant’s Generator Equipment and the Tenant’s Signs), as may be required by applicable Legal Requirements and as may be otherwise required solely to maintain such devices, systems, equipment and installations in good working order and condition. (Except as otherwise provided in the succeeding sentence, the preceding sentence shall not apply to the Building’s risers, exterior windows, electrical closets, standpipes, sprinkler system outside the Premises or unsafe condition existing around the Building HVAC Systems.) Notwithstanding anything in this Sublease to the contrary, but subject to the provisions of Section 11.03 hereof, Tenant, at its sole cost and expense, shall promptly make all Alterations and repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Premises and the Building, as shall be required by reason of (i) the performance or existence of Tenant’s Work or Tenant’s Alterations, (ii) the installation, use or operation of Tenant’s Property in the Premises including but not limited to cracks or the installation, use or operation of the Roof Installations, (iii) the moving of Tenant’s Property in or out of the foundationBuilding, cracks in plaster, moisture in walls and ceiling, buckling sheetrock (iv) the negligence or sidingwillful act of, or omission by, Tenant or any leaks. If ▇▇▇▇▇▇other Tenant Party, (sv) fails to immediately notify Landlord the use of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition any portion of the Premises at for a use that is not permitted under this Sublease, or (vi) a default under any of the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear itemsterms, the adage “you broke it you pay covenants or conditions in this Sublease on Tenant’s part to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancyobserve, perform or comply with. In addition, and notwithstanding anything in this Sublease to the contrary, Tenant, at its sole cost and expense, shall promptly make all repairs of any nature, to all devices, systems, equipment and installations, whether located inside or outside the Premises that are installed by or on behalf of Tenant or any other Tenant Party. Notwithstanding the foregoing, to the extent that Tenant is obligated to perform any Structural Alterations or structural repairs to any portion of the Premises or other portion of the Building or is obligated to perform any Alterations or repairs outside of the Premises, Landlord, at its election, upon notice to Tenant, may perform such Alterations or repairs on Tenant’s behalf in the event of an emergency or if a Tenant(s) calls for maintenance for Tenant fails to commence or diligently pursue such work to completion within any applicable notice and cure period set forth in this Sublease, in which no such maintenance is needed (false call)event, Tenant(s) will be charged Tenant shall reimburse Landlord for the service call. Any repairs, including labor, material, reasonable and parts usedactual out-of-pocket costs paid or incurred by Landlord to perform such Alterations or repairs within thirty (30) days after Landlord’s request therefor, which are the responsibility request shall be accompanied by a reasonably detailed description of the Tenant(s), must be pre-approved repairs in writing by question and reasonable evidence supporting the Landlordcosts thereof. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s familyat its sole cost and expense, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glassrepairs, maintenance and replacement of interior doors, walls and wall and floor coverings, signs, window treatments and window shades in the Premises and, for the repair and maintenance of all lighting fixtures therein. Tenant(s) Nothing contained in this Section 15.01 shall not paint, re-wallpaper, or otherwise redecorate or make alterations require Tenant to perform any repairs to the Premises without which, pursuant to the written consent express provisions of Section 15.02, are Landlord’s obligation to perform, or to repair the property of any person (other than Tenant or any other Tenant Party) to the extent the need to repair such property results from the negligence or willful act or omission of Landlord.
15.02 Landlord, at its expense, except as otherwise expressly provided in Section 15.01 above, Articles 41, 45, 46 and 50 below, and as may be otherwise expressly provided in other provisions of this Sublease, shall keep and maintain (or shall cause the Existing Lessor to keep and maintain) the Real Property, the Building (including the exterior walls of the Landlord. If written consent is givenBuilding, such alterations shall be at the expense structural portions of the Tenant(sBuilding, the roof of the Building and the exterior windows of the Premises, all to the extent, if not maintained, would adversely affect (by more than a de minimis extent) Tenant’s use of the Premises), the common areas, the sidewalks adjacent to the Building and the Building systems and the facilities that serve the Premises (including the Building HVAC Systems (as defined in Section 17.02 hereof) up to, in the case of the Building HVAC Units (as defined in Section 17.02 hereof) the main feed of the Building HVAC Units where same intersects the corresponding exterior wall of the Premises, and the system to furnish condenser water to the Supplemental HVAC Units), in good working order, condition and repair and in the same, or better, condition as comparable first class office buildings located in the Borough of Queens.
15.03 Except as may otherwise be expressly provided in this Sublease, Landlord shall become part have no liability to Tenant by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord, Tenant or others making or failing to make any repairs or changes which, with respect to Landlord, Landlord is required or permitted by this Sublease, or required by any Requirement to make, in or to any portion of the Building or the Premises, or in or to the fixtures, equipment or appurtenances of the Building or the Premises, except, in each case, to the extent caused by the gross negligence or willful misconduct of Landlord or a Landlord Party. With respect to any repairs which Landlord is obligated to make, the performance of which will affect Tenant’s use of the Premises for the Permitted Uses, Landlord shall use good faith commercially reasonable efforts in making any such repairs and shall perform such repair work, except in case of emergency, at times reasonably convenient to, and in coordination with, Tenant and otherwise in such manner as will minimize any disruption to Tenant’s use of the Owner’s property upon termination of this Lease and tenancy. Tenant(s) Premises; provided, however, the foregoing shall not permit require Landlord to perform any act such repairs or thing deemed hazardous by Landlord due changes on an overtime or premium time basis, except (i) in an emergency (i.e., a condition that threatens the health or safety of any occupant of the Premises), and (ii) if Tenant cannot, and, as a result of such repair does not, use all or any portion of the Premises, including a condition that denies Tenant from having reasonable access to potential risk of fire or which will increase the rate of insurance on said Premises. In Tenant shall permit Landlord to access the Premises as needed to perform any such repairs, including repairs of any sprinklers or Class E systems. Notwithstanding the foregoing, but not in the case of an emergency where the circumstances will not reasonably permit the following, any repairs to be performed by Landlord, whether within the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control outside of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings that adversely affect the continuous operation of the SOC, shall be the duty and expense scheduled in advance with Tenant at a time that shall minimize interference with Tenant’s operation of the Tenant(sSOC, and if requested by Tenant, Landlord shall perform such work on an overtime or premium time basis, provided that Tenant shall pay, as Additional Rent, the incremental cost for performance of the work on an overtime or premium time basis. For repairs that are to be performed within the Premises, Landlord shall perform same accompanied at all times by a representative of Tenant (which representative shall be provided at Tenant’s expense). Tenant(s) understands there will be no rent reductions, adjustmentsbut only to the extent Tenant provides such representative, provided, however, that none of the foregoing shall require Landlord to perform any such repairs on an overtime or other compensation due to repairs or interruptions of service except as provided by lawpremium time basis.
Appears in 1 contract
Sources: Sublease (Jetblue Airways Corp)
Repairs and Maintenance. It is Except repairs, replacements or maintenance necessitated in any manner by the responsibility negligent or intentional acts or omissions of Lessee or its agents, Lessor shall maintain the roof, outside of the Tenant(s) exterior walls, and foundations, at Lessor’s sole cost and expense. Except repairs, replacements or maintenance necessitated in any manner by the negligent or intentional acts or omissions of Lessee or its agents, Lessor shall maintain, subject to notify reimbursement as part of CAM, the Landlord immediately parking areas and walkways, plumbing and electrical systems, and area landscaping in good condition and repair. Lessee shall maintain the balance of any needed repair or unsafe condition existing around or in the Premises including and appurtenances, including, but not limited to cracks to, heating and air conditioning units, in good condition and repair at its expense. Lessor represents and warrants that, as of the foundationCommencement Date, cracks in plasterthe HVAC system, moisture in roof structure, fire sprinkler system, and structural integrity of the walls and ceiling, buckling sheetrock or siding, or any leaksfoundation are in good condition and working order. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to Lessee agrees that on the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction last day of the Landlord, at the Landlord’s expense, except those caused by negligence Term or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost sooner termination of the Tenant(s). Such repairs shall be made Lease, it will surrender the Premises to conform to the original Lessor in as good condition as they are as of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal Commencement Date, ordinary wear and tear itemsexcepted and damage by fire, act of God or by the adage “you broke it you pay to fix it” applies elements of other casualty excepted to the Tenant(s) extent such Lessor is reimbursed by insurance for such loss. If Lessee shall fail to keep the Premises properly repaired, Lessor may do so (but is not obligated), and it applies during tenancy the cost of such repair shall be paid by Lessee with the next installment of and as well as at the end of tenancyRent due hereunder. In additionLessor shall cooperate reasonably with Lessee to utilize all manufacturers’ and construction warranties, if any, related to Lessor’s Work. When Lessor has an obligation to repair, Lessor shall repair such item(s) or area(s) within a Tenant(s) calls for maintenance for commercially reasonable amount of time after receipt of written notice from Lessee, unless due to the nature of such repair, more than thirty days are needed to repair in which no case Lessor shall begin such maintenance is needed (false call)repair within thirty days and diligently pursue such repair to completion. Notwithstanding anything to the contrary in the Lease, Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord Lessor shall have no obligation to repair perform any defective condition, nor shall any defense work on or remedy be available to about the Tenant(s), where the defective condition complained of was caused Business Park or Premises other than that for which Lessor is obligated by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or that which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawspecifically set forth herein.
Appears in 1 contract
Sources: Lease (Lumenis LTD)
Repairs and Maintenance. It is the responsibility 15.01 Except at otherwise set forth herein, Tenant shall take good care of the Tenant(sDemised Premises and the fixtures and appurtenances therein, and at its sole cost and expense shall make all repairs thereto, as and when needed to preserve them in good working order and condition. In addition, except as otherwise set forth herein Tenant, at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Building as shall be required by reason of (i) the performance or existence of work by Tenant necessary to notify suit the Landlord immediately Demised Premises to Tenant's initial occupancy or Tenant's Work (ii) the installation, use or operation of any needed repair or unsafe condition existing around or Tenant's property in the Demised Premises, (iii) the moving of Tenant's property in or out of the Building, or (iv) the misuse or neglect of Tenant or any of its employees, agents or contractors. Tenant shall not be responsible, and Landlord shall be responsible, for any repairs to the Demised Premises as are required by reason of Landlord's neglect or other fault in the manner of performing any work included in the Work Letter or Tenant's Work which may be undertaken by Landlord for Tenant's account or as are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or contractors.
15.02 Landlord shall keep and maintain the Building and its fixtures, appurtenances, systems and facilities serving the Demised Premises, in good working order, condition and repair and shall make all structural repairs, interior and exterior, except as indicated in Section 15.01 as and when needed in the Building, except for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease, and subject to all other provisions of this Lease, including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord provisions of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the LandlordArticle 21. Landlord shall be also keep and maintain the sole judge grounds, driveway, parking areas and sidewalks in good order, condition and repair and in compliance with all applicable governmental laws, ordinances and regulations.
15.03 Except as to what repairs are necessary. expressly otherwise provided in this Lease, Landlord shall have no obligation liability to repair Tenant by reason of any defective conditioninconvenience, nor shall annoyance, interruption or injury to business arising from Landlord or any defense tenant making any repairs or remedy be available changes or performing maintenance services, whether or not Landlord is required or permitted by this Lease or by law to make such repairs or changes or to perform such services in or to any portion of the Building or the Demised Premises, or in or to the Tenant(s)fixtures, where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, equipment or other person acting under the control or direction appurtenances of the Tenant(s)Building or the Demised Premises, or where provided that Landlord shall be reasonably diligent with respect thereto and shall perform such work, except in case of emergency, at times reasonably convenient to Tenant and otherwise in such manner and to the Tenant extent practical as will not unreasonably fails to notify interfere with Tenant's use and occupancy of the Demised Premises.
15.04 During the term of this Lease, the Landlord shall make improvements, alterations and modifications to the Building and High Ridge Park as may be necessary to comply with the requirements of the condition Americans with Disabilities Act. Said improvements, alterations and modifications shall be done in a manner which is consistent with the standards of a Class A office building in Stamford, Connecticut. Landlord shall also perform its obligations under this Lease, and shall maintain the Building and High Ridge Park, in accordance with all applicable laws and requirements of public authorities.
15.05 In the event that Landlord shall, as a result of Landlord's negligence or allow the Landlord access willful misconduct (and specifically not due to the Premises for purposes of the repair. Before exercising Unavoidable Delays) fail to provide any of the remedies in accordance with services to be provided by Landlord which are limited to HVAC, electricity, water or elevator service, and solely as a result thereof Tenant's business is suspended and Tenant is unable to and does not use the Landlord-Demised Premises for the conduct of its business for a period of five consecutive business days, Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible entitled to receive an equitable abatement of rent for all broken glass. Tenant(s) shall not paintany period in excess of said five consecutive days during which such services is interrupted, re-wallpapercurtailed or suspended, or otherwise redecorate or make alterations to the Premises without the written consent provided that Tenant has given Landlord notice of the Landlord. If written consent is given, such alterations shall be at the expense loss of the Tenant(s) services and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due has failed to potential risk of fire or which will increase the rate of insurance on restore said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired services within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawfive business days after said notice.
Appears in 1 contract
Sources: Lease (Synapse Group Inc)
Repairs and Maintenance. It is 14.01. Landlord shall at its expense, maintain the responsibility of the Tenant(s) to notify the Landlord immediately of any needed Property in good repair or unsafe and condition existing around or in the Premises as a Class A office building, including but not limited to cracks in the maintenance and repair of the roof, foundation, cracks air conditioning, heating, plumbing and electrical systems, structural components, parking areas, walkways, and landscaping. Tenant will not in plasterany manner deface or injure the Building, moisture in walls and ceiling, buckling sheetrock will pay the cost of repairing any damage or siding, injury done to the Building or any leakspart thereof by Tenant or Tenant’s agents, employees or invitees. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises Tenant shall be done by or under the direction take good care of the LandlordPremises and keep the Premises free from waste and nuisance of any kind. Tenant shall keep the Premises, at the including Landlord’s expenseFurniture and all fixtures installed by Tenant and any plate glass and special store fronts, in good condition, reasonable wear and tear and damage caused by casualty excepted, and make all necessary non-structural repairs except those caused by negligence fire, casualty or acts of Tenant(s), TenantGod covered by Landlord’s agents, or invitees, which fire insurance policy covering the Building. The performance by Tenant of its obligations to maintain and make repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear conducted only by contractors and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-subcontractors approved in writing by the Landlord. Landlord (which approval shall not be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective conditionunreasonably withheld, nor shall any defense conditioned, or remedy be available to the Tenant(sdelayed), where it being understood that Tenant shall procure and maintain and shall cause contractors and subcontractors engaged by or on behalf of Tenant to procure and maintain insurance coverage against such risks, and in such amounts as Landlord may reasonable require and with such companies as landlord may reasonably approve, in connection with any such maintenance and repair. If Tenant fails to make such repairs or take steps to have such condition corrected after the defective condition complained occurrence of was caused by the damage or injury, Landlord may at its option make such repair, and Tenant, ▇▇▇▇▇▇’s familyshall within thirty (30) days of request therefor, invitee, licensee, pay Landlord for the cost thereof. At the end or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease, Tenant shall deliver up the Premises with all improvements located thereon (except as otherwise herein provided) in good repair and condition, reasonable wear and tear and damage caused by casualty excepted, and shall deliver to Landlord all keys to the Premises.
14.02. If Landlord shall fail to perform any term, condition, covenant or obligation required under this Lease and tenancy. Tenant(ssuch failure either (a) has a material adverse impact on Tenant’s access to or use of the Demised Premises or Landlord shall not permit any act fail to perform snow removal in the public portions of the Property, and such failure continues for more than five (5) days after notice to Landlord, or thing deemed hazardous (b) in the event of a failure other than what is set forth in subsection (a), such failure has continued for a period of forty five (45) days after prior written notice and opportunity to cure thereof from Tenant to Landlord; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord due to potential risk of fire or which will increase is such that it cannot reasonably be performed within the rate of insurance on said Premises. In case the Premises or surrounding areas applicable time period set forth in this Section 14.02, such default shall be damaged deemed to have been cured if Landlord commences such performance within said 45-day period (or 5-day period, as the case may be) and thereafter diligently undertakes to complete the same, Tenant may, at its option, without waiving any claim for damages for breach of agreement, at any time thereafter 4846-0294-9028.v11 cure such default for the account of Landlord and any amount paid or any contractual liability incurred by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas Tenant in so doing shall be repaired deemed paid or incurred for the account of Landlord and Landlord shall reimburse Tenant therefore within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason thirty (30) days of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawdemand.
Appears in 1 contract
Sources: Lease Agreement (UroGen Pharma Ltd.)
Repairs and Maintenance. It is 15.1 The LESSEE shall make good and repair at his own cost any damage or defect which occurs to the responsibility premises during his occupancy, or alternatively re-imburse the LESSOR for the costs of replacing, repairing or making good any such damage and/or breakage which arise(s) as a result of any activity on the part of the Tenant(sLESSEE, his guests, servants or agents.
15.2 The LESSEE shall at his own expense replace where necessary all fluorescent tubes, starters, globes, ballasts, fuses, and incandescent bulbs used in the dwelling; he/she shall maintain all locks, keys, and fastenings, all light fittings as well as all electronic remote controls should be in proper working order.
15.3 The LESSEE undertakes to keep the dwelling in a clean and sanitary condition during the term of this lease.
15.4 The LESSEE will not drive nails into plastered walls unless prior approval is sought from the LESSOR.
15.5 The LESSOR undertakes to keep the structure (including the roof and main walls of the dwelling) in a good state of repair internally and externally. As regards ordinary leakage caused by defects in roofs, gutters and walls it shall be the duty of the LESSEE to notify the Landlord immediately LESSOR of such leakage, and the LESSOR shall take steps to have the defects rectified at the LESSORS own expense with no more delay than is reasonable.
15.6 The LESSEE undertakes to give written notice of any needed repair or unsafe condition existing around or in problems that may occur at the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage said dwelling to the unit, then Tenant(s) becomes liable for cost LESSOR.
15.6.1 In the case of resultant damage. All emergency repairs necessary to maintain premises shall be done by concerning the water or under electricity supply or the direction of the Landlord, security system at the Landlord’s expensesaid dwelling, except those caused contractors will be appointed by negligence or acts of Tenant(s)the LESSOR to repair same within 24 (TWENTY FOUR) hours, Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear itemsfailing which, the adage “you broke it you pay LESSEE will have the right to fix it” applies appoint contractors to carry out the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what necessary repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at on the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawLESSOR .
Appears in 1 contract
Sources: Lease Agreement
Repairs and Maintenance. It is the responsibility Section 6.01. Tenant shall take good care of the Tenant(sDemised Premises and the fixtures, glass, appurtenances and equipment therein (including all horizontal portions of the Building Systems that are located within and which exclusively serve the Demised Premises, and expressly including any sprinkler loop and distribution pipes and heads, any ventilation and air-conditioning equipment and any private bathrooms (or any plumbing lines or horizontal or vertical fixtures therein) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but Demised Premises), and, at Tenant's sole cost and expense, shall make all Repairs as and when needed to preserve them in working order and condition, whether or not limited such Repairs are ordinary or extraordinary, or foreseen or unforeseen at this time, and whether or not such Repairs pertain to cracks improvements in the foundationDemised Premises furnished or installed by Landlord, cracks in plasterbut excluding (i) Repairs necessitated by the gross negligence or willful misconduct of Landlord or Persons Within Landlord's Control, moisture in walls and or (ii) Repairs to the rough floor, the rough ceiling, buckling sheetrock exterior windows, exterior walls or sidingload-bearing columns, unless required under the provisions of following sentence. All damage or injury to the Demised Premises, or to the Building or the Building Systems outside of the Demised Premises, caused by or arising from acts or omissions of Tenant, or of Persons Within Tenant's Control, including those which are structural, extraordinary and unforeseen, shall be promptly repaired, restored or replaced by Tenant, at Tenant's own cost and expense (except if and to the extent that Landlord recovers proceeds from Landlord's insurer with respect to such damage or injury). All Repairs shall be in quality and class equal to or better than the original work or installations, and shall be performed in good and workmanlike manner, using prime quality materials.
Section 6.02. Landlord, at Landlord's expense, shall make or cause to be made all Repairs, structural and otherwise, necessary to keep in good order and repair the exterior (including exterior windows) of the Building and the public portions of the Building and Building Systems, other than those required to be made by Tenant as provided in Section 6.01; provided that, with respect to those Repairs to be made within the Demised Premises or to the Building Systems which serve the Demised Premises, Tenant shall have given notice to Landlord of the need for such Repairs. There shall be no allowance to Tenant for a diminution of rental value or interruption of business, and no liability on the part of Landlord, by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making any Repairs or Alterations in or to any portion of the Building or Building Systems or the Demised Premises, except as otherwise expressly provided herein.
Section 6.03. If any Insurance Boards or Legal Requirements shall require or recommend installation of fire extinguishers or of a "sprinkler system" or any other fire protection devices, or any leakschanges, modifications, alterations or additions thereto for any reason attributable to Tenant's manner of use of the Demised Premises (as distinguished from Tenant's mere use of the Demised Premises for the Authorized Use), or if any such installation or equipment becomes necessary to prevent the imposition of a penalty or charge against the full allowance for a sprinkler or fire extinguishing system in the fire insurance rate as fixed by Insurance Boards, or by any fire insurance company, then Tenant, at Tenant's expense, shall promptly make such installation within the Demised Premises and supply such changes, modifications, alterations, additions or other equipment. If ▇▇▇▇▇▇In the event that (si) fails Tenant shall fail to immediately notify Landlord of visible problems, which result in damage perform the work required pursuant to the unitpreceding sentence, then Tenant(sand/or (ii) becomes liable for cost if due to the nature of resultant damage. All repairs necessary to maintain premises such work, Landlord requires that such work be performed by Landlord, Landlord shall be done by make any such installation (including sprinklers, stair pressurizers, water towers), or under the direction any such change, modification, alteration or additions outside of the Demised Premises (such as, without limitation, in the common area) and Tenant shall reimburse Landlord, at as additional rent, an amount equal to Tenant's Proportionate Share of the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs cost thereof. Such reimbursement shall be made by Tenant within twenty (20) days after written notice to Tenant of such amount, which notice shall be accompanied by evidence reasonably substantiating such amount.
Section 6.04. In any case where Tenant shall be required to make Repairs or perform any work pursuant to this Article and such Repairs or work shall affect the Building Systems or areas outside of the Demised Premises, Landlord may, in Landlord's discretion, elect to make such Repairs or to perform such work for and on behalf of Tenant, but at Tenant's reasonable cost and expense. In such event, Tenant shall reimburse Landlord as additional rent for the sole cost of such Repairs and/or work within twenty (20) days after Landlord shall furnish a statement to Tenant of the Tenant(s). Such repairs amount thereof, which statement shall be made accompanied by evidence reasonably substantiating such amount.
Section 6.05. Tenant shall maintain the Demised Premises (including any permitted signs or cameras) in a clean and orderly condition that is consistent with the use and appearance of the Building. If Tenant shall fail to conform so maintain the Demised Premises to the original condition reasonable satisfaction of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear itemsLandlord, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. then Landlord shall have no obligation the right, on notice to repair any defective conditionTenant and at Tenant's sole cost and expense, nor shall any defense or remedy be available to enter into the Demised Premises for the express purpose of rectifying the condition thereof and restoring the Demised Premises to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawappearance required hereunder.
Appears in 1 contract
Sources: Lease (CTC Communications Corp)
Repairs and Maintenance. It is Lessee agrees to accept the demised premises in the physical order and condition existing on the date of commencement of the term of this Lease and Lessee shall, except as specified in Sections 39 and 40 below, throughout the term hereof, at Lessee's sole expense, make all necessary or appropriate repairs, replacements and renewals, interior and exterior, structural and non-structural, foreseen and unforeseen, ordinary and extraordinary, required to keep and maintain the demised premises and all systems, equipment and apparatus appurtenant thereto, or used in connection therewith, including the loading docks, dock area and related equipment, in good order and condition, with the express exception of the roof, exterior support walls, load bearing walls and buried pipes which shall be the sole responsibility of Lessor, and Lessee shall return the Tenant(s) demised premises to notify the Landlord immediately of any needed repair or unsafe Lessor in such good order and condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expenseexpiration of this Lease, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal ordinary wear and tear itemsnot caused by the negligence of Lessee, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In additionor those employed or acting for Lessee, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service callalone excepted. Any repairs, including laborreplacements and renewals and/or labor or materials performed and/or furnished in, materialon or about the demised premises shall be performed or furnished in strict compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted municipal authorities or other governmental bodies having jurisdiction, and parts usedthe requirements of any Board of Fire Underwriters having jurisdiction. Lessee at its sole cost and expense, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(sits snow removal, unless Lessee shall choose to use Lessor's snow removal contractor, in which case Lessee shall pay forty-three percent (43%) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlordcost of all snow removal for the Property. If written consent is given, such alterations 38 HVAC MAINTENANCE Lessee shall be at responsible to keep the expense of heating, ventilation and air-conditioning system presently in the Tenant(s) demised premises in good operating order, and shall become part of Lessee agrees to take out and maintain in full force and effect, throughout the Premises and the Owner’s property upon termination term of this Lease and tenancyany extension or renewal thereof, a standard maintenance contract for said HVAC system, providing a minimum of two (2) inspections per year, at its own cost and expense. Tenant(s) shall Any and all repairs and/or maintenance requirements for said HVAC system not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control included as part of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings standard maintenance contract shall be the duty responsibility of Lessor. If, however, Lessee installs any additional HVAC equipment in the demised premises, Lessee shall be solely responsible for the maintenance, repair and expense replacement of such additional equipment, which shall be Lessee's property and may be removed by Lessee at the Tenant(s). Tenant(s) understands there will be no rent reductionstermination of this Lease, adjustments, or other compensation due provided that Lessee repairs all damage incident to repairs or interruptions the installation and removal of service except as provided by lawsame.
Appears in 1 contract
Repairs and Maintenance. It is 11.01 If the responsibility Building, the elevators, boilers, engines, pipes and other apparatus, or members or elements of the Tenant(sBuilding (or any of them) used for the purpose of climate control of the Building or operating the elevators, or if the water pipes, drainage pipes, electric lighting or other equipment of the Building or the roof or outside walls of the Building or parking facilities of Landlord become damaged or are destroyed through the negligence, carelessness or misuse of the Tenant, its servants, agents, employees or anyone permitted by Tenant to notify be in the Building, or through Tenant, then the cost of the necessary repairs, replacements or alterations shall be borne by the Tenant who shall forthwith pay the same on demand to the Landlord immediately as Additional Rent.
11.02 Tenant shall keep the Leased Premises in as good order, condition and repair as when they were entered upon, loss by fire or other casualty (unless caused by the negligence of any needed Tenant, its agents, employees or invitees or the gross negligence or willful and wrongful acts of Landlord), unavoidable accident or ordinary wear and tear excepted. If Tenant fails to keep the Leased Premises in such good order, condition and repair or unsafe condition existing around as required hereunder to the satisfaction of Landlord, Landlord may restore the Leased Premises after three (3) business days prior written notice to Tenant (except in the event of an emergency or in the event there is a threat to the continuance of any insurance coverage in which case no prior written notice shall be required) to such good order and condition and make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant's property or business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord, as Additional Rent, upon demand, the cost of restoring the Leased Premises including to such good order and condition and of the making of such repairs.
11.03 Tenant shall deliver, at the expiration of the Term hereof or sooner upon termination of the Term, the Leased Premises in good repair as aforesaid and in a state of broom cleanliness. In the event Tenant fails to vacate the Leased Premises on a timely basis as required, Tenant shall be responsible to Landlord for all costs incurred by Landlord as a result of such failure, including, but not limited to, any amounts required to cracks in be paid to third parties who were to have occupied the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to Leased Premises.
11.04 Tenant shall leave the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Leased Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if each Business Day in a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged reasonably tidy condition for the service call. Any repairs, including labor, material, and parts used, which are purpose of allowing the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent performance of the Landlord. If written consent is given, such alterations 's cleaning services hereinabove described.
11.05 Landlord shall be at (subject to Articles 31 and 32 and Landlord's rights under Article 54 and except for ordinary wear and tear) maintain the expense exterior walls and roof and load bearing elements of the Tenant(s) Building and shall become part perform routine maintenance in the Common Areas (hereinafter defined). Except for load bearing elements of the Premises and Building located within the Owner’s property upon termination of this Lease and tenancy. Tenant(s) Leased Premises, Landlord shall not permit be required to maintain or repair any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control portions of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Leased Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.
Appears in 1 contract
Sources: Office Lease (Rancher Energy Corp.)
Repairs and Maintenance. It is Landlord covenants and agrees, at its expense without reimbursement or contribution by Tenant, to keep, maintain, repair and replace, if necessary, the responsibility of foundations, the Tenant(sexterior, structural systems including, without limitation, the roof, roof covering (including interior ceiling if damaged by leakage) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in and load-bearing walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result floor slabs and exterior masonry walls in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original good condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, materialrepair, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be replace the sole judge same as to what repairs are and when necessary. Landlord shall have no obligation to repair any defective conditionExcept for Landlord's obligations, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paintinterior maintenance and repairs in the Demised Premises which are required throughout the Term, re-wallpaperincluding, without limitation, all mechanical, plumbing and electrical repairs and maintenance which are required to fixtures or otherwise redecorate or make alterations to systems located wholly within the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Demised Premises. In the event the Demised Premises become or are out of repair and not in good condition due to the failure of Landlord to comply with the terms of this Article 5, and if such repairs are not completed within ten (10) days after Landlord has received written notice from Tenant of such state of disrepair or if such repairs cannot reasonably be completed within such ten (10) day period and Landlord shall fail to commence such repairs within ten (10) days after notice and proceed diligently thereafter, then Tenant may prosecute such repairs itself and apply the cost of such repairs against the next maturing monthly installment or installments of rent due hereunder. Notwithstanding the foregoing, in the case of an emergency, Tenant shall have the Premises or surrounding areas right to immediately prosecute any and all necessary repairs and shall be damaged by fire, rain, wind, or other cause beyond the control deliver contemporaneous notification to Landlord of the Landlord or the Tenantemergency and related repairs, provided further that if contemporaneous notice is not practicable, as determined by Tenant in its sole judgment, then the Premises or surrounding areas Tenant shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive provide such notice as to render the Premises unfit for human habitation, the rent shall cease until such time soon thereafter as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawreasonably practicable.
Appears in 1 contract
Repairs and Maintenance. It is Tenant shall keep, maintain and repair, at its sole cost and expense, the responsibility Premises, including, without limitation, the roof, walls, footings, foundations, HVAC, mechanical and electrical equipment and systems in or serving the Premises and structural and nonstructural components and systems of the Tenant(sPremises, parking areas, sidewalks, roadways and landscaping in good repair and appearance, and shall make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made in order to keep and maintain the Premises in good repair and appearance consistent with the standards of buildings similar to the Buildings (including the age thereof) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in vicinity of the foundationBuildings , cracks in plaster, moisture in walls except for ordinary wear and ceiling, buckling sheetrock or siding, or tear and (other than for any leaks. If ▇▇▇▇▇▇(sRestoration required by the terms of this Lease) fails to immediately notify Landlord of visible problems, which result in any damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done Premises by or under the direction any Major Condemnation of the Landlord, at the Landlord’s expense, except those caused by negligence Premises. Tenant shall do or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made cause others to conform to the original condition do all shoring of the Premises at or of the time foundations and walls of any Buildings and every other act necessary or appropriate for the Tenant(s) took possession. Although the Landlord preservation and safety thereof (including, without limitation, any repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy required by Law as well as at the end contemplated by Section 11 of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false callthis Part II), Tenant(s) will be charged for by reason or in connection with any excavation or other building operation upon the service call. Any repairs, including labor, materialPremises, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair do so. Landlord shall not be required to make any defective conditionrepair, nor shall any defense replacement, maintenance or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licenseeother work whatsoever, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to maintain the Premises for purposes of in any way, and Tenant waives the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Actright to make repairs, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, replacements or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, perform maintenance or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time work at the expense of the Landlord; and , which right may be provided for in case any Laws. Nothing in the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent preceding sentence shall be paid until deemed to preclude Tenant from being entitled to insurance proceeds or awards for any taking to the time of such destruction extent provided in this Lease. Tenant shall, in all events, make all repairs, replacements and from thenceforth this Lease Agreement shall cease perform maintenance and come to an endother work for which it is responsible hereunder, in a good, proper and workmanlike manner. In Notwithstanding the eventforegoing, the damage is caused by the act of the Tenant(s)Landlord, or someone in or on the Premises by reason of and not Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable responsible for all costs of repair. Should Landlord notify Tenant(sany repairs necessitated by any acts or omissions (where there is a duty to act) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawLandlord.
Appears in 1 contract
Sources: Master Lease (Scholastic Corp)
Repairs and Maintenance. It is Subject to Landlord’s obligations under Section 6.2, Tenant will keep the responsibility of Leased Premises in good order, condition and repair and Tenant agrees to make any and all repairs to the Tenant(s) Leased Premises during the Term and to notify the Landlord immediately of any needed repair or unsafe condition existing around or improvements placed in the Leased Premises, all at Tenant’s own cost and expense and without expense to Landlord including, without limitation, the interior walls (other than exterior or structural walls), ceilings, utility meters, pipes and conduits within the Leased Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If (excluding ▇▇▇▇ ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s▇▇ ▇▇▇▇), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s familyfixtures, inviteeheating, licenseeventilating and air conditioning equipment installed by Tenant, all Tenant signs, locks and door closing devices, security systems, doors and door frames and glass (other than exterior glass), and any repairs to such improvements or installations required by any governmental authority. All such repairs shall be made by Tenant promptly without delay, except for delays beyond Tenant’s reasonable control, and shall be made of quality or class equal to the original work or construction. Repairs as used herein shall mean replacement whenever reasonably necessary. Tenant is not responsible for such repairs and maintenance if the need for such repairs or maintenance results from: (i) Landlord’s failure to perform its obligations hereunder; (ii) the act or neglect of Landlord or those claiming by, through or under Landlord; or (iii) damage by fire or other person acting casualty covered by Landlord’s insurance. In any such events, Landlord is responsible for such repairs. If Tenant refuses or neglects to make any such repair within the prescribed time for curing of defaults under this Lease, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property (except due to the control negligence or direction willful misconduct of the Tenant(sLandlord, its agents, employees or contractors), or where to Tenant’s business by reason thereof, and upon completion thereof, Tenant shall pay Landlord’s reasonable out of pocket cost for making such repairs upon presentation to Tenant of a ▇▇▇▇ therefor as Additional Rent. Said ▇▇▇▇ shall be due and payable within twenty (20) days of receipt thereof and if not paid shall bear interest at the Tenant unreasonably fails to notify Default Rate computed from the Landlord due date of the condition or allow the Landlord access said ▇▇▇▇ to the Premises date of payment by Tenant to Landlord. In addition to the foregoing, Tenant’s maintenance of all heating, ventilating and air conditioning equipment installed by Tenant shall include (a) at least semi-annual inspections and cleaning of such equipment, together with such adjustments and servicing as each such inspection discloses to be required (unless otherwise specified in writing by the manufacturer of such equipment and Landlord reasonably determines that such specifications are suitable for purposes the maintenance and operation of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Actsuch equipment) and (b) all repairs, Tenant(s) must be current in rent. Tenant(s) testing and servicing as shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, necessary or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous reasonably required by Landlord due to potential risk of fire or which will increase the rate of Landlord’s insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawunderwriter.
Appears in 1 contract
Sources: Lease Agreement (CarGurus, Inc.)
Repairs and Maintenance. It is (a) Tenant shall, at Tenant's sole expense, keep and maintain the responsibility Premises, including without limitation, interior walls, heating, ventilation and air conditioning systems, operating systems, sidewalks, parking lots, fire sprinklers, alarms, all windows (interior and exterior), window frames, plate glass and glazing, truck doors, plumbing systems (such as water and drain lines, sinks, toilets, faucets, drains, showers and water fountains), electrical systems (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes and ballasts), heating and air conditioning systems (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), interior surfaces of the Tenant(s) to notify the Landlord immediately Premises, store fronts, down mechanisms, latches, locks, skylights (if any), fire extinguishing systems and equipment, and all other interior improvements of any needed repair or unsafe condition existing around or in the Premises nature whatsoever, all exterior improvements including but not limited to cracks sidewalks, driveways, parking lots, landscaping areas, sprinkler systems, lighting, signs, fountains, waterways, drains and landscaping that are part of or adjoin the Premises in the foundationgood and clean condition and repair, cracks in plasterincluding without limitation replacements as needed thereof, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify deliver to Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition physical possession of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal termination of this Lease or any sooner expiration thereof, in good condition and repair, reasonable wear and tear itemsexcepted. All repairs and replacements required of Tenant shall be promptly made with new materials of like kind and quality. If the work affects the structural elements of the Premises or if the estimated cost of any item of repair or replacement is in excess of Five Thousand Dollars ($5,000.00), Tenant shall first obtain Landlord's written approval of the scope of the work, the adage “you broke it you pay plans for the work, the materials to fix it” applies be used, and the contractor hired to perform the work. In the event any of the above maintenance responsibilities jointly apply to Tenant and other tenant(s) of Landlord where there is common usage with other tenant(s), such maintenance responsibilities and charges shall be performed by Landlord and Tenant shall reimburse Landlord as additional rent the cost of such maintenance responsibilities and charges as allocated to the Tenant(s) Premises by square footage or other equitable basis as calculated and it applies during tenancy as well as at the end of tenancydetermined by Landlord. In additionthe event that any repair or replacement shall be of a capital nature, if Landlord agrees to pay fo▇ ▇▇▇▇ ▇epair or replacement provided that Tenant shall reimburse Landlord, as Operating Expenses, a Tenant(sportion of the cost of such repair or replacement based upon the amortization of such repair or replacement over such item's useful life as determined under generally accepted accounting standards. In the event that the repair or replacement of such item benefits other tenants in the Building, such amortization shall be shared on a pro-rata basis with such other tenant(s) calls for maintenance for which no such maintenance is needed on a basis reasonably determined by Landlord.
(false call), Tenant(sb) will be charged Tenant shall maintain continuously throughout the term of the Lease a service contract for the washing of all windows, both interior and exterior surfaces, in the Premises; the contract should provide for the periodic washing of all windows at least once every ninety (90) days during the term of the Lease (the "Window Washing Contract").
(c) Tenant shall maintain continuously throughout the term of the Lease a service call. Any repairscontract for the maintenance of all heating, air conditioning, and ventilation equipment with a licensed repair and maintenance contractor approved by Landlord; the contract should provide for periodic inspections and servicing of the heating, air conditioning, and ventilation equipment at least once every ninety (90) days during the term of the Lease (the "HVAC Contract").
(d) Tenant shall maintain continuously throughout the term of the Lease a service contract for the monitoring of fire sprinklers and alarms located on or about the Premises with a licensed service, which contract shall, inter alia, provide for the periodic testing and if necessary replacement of the fire sprinklers and alarms located on or about the Premises (the "Life Safety Contract").
(e) Within ten (10) days of the Delivery Date, Tenant shall provide copies of the Window Washing Contract, the HVAC Contract and the Life Safety Contract to Landlord.
(f) If at any time during the Term, including laborrenewals or extensions thereof, materialTenant fails to maintain the Premises, and parts usedmake any repairs or replacements as required by this Section or maintain service contracts required by this Section, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation the right to, but shall not be required to, enter the Premises and perform the maintenance or make the repairs or replacements or enter into appropriate service contracts, as the case may be, all for the account of Tenant and any sums expended by Landlord in so doing, together with interest at the lesser of ten percent (10%) per annum or the highest rate allowed by law, shall be deemed additional rent and shall be immediately due from Tenant on demand of Landlord.
(g) Tenant waives the provisions of Civil Code ss.ss. 1941 and 1942 and ▇▇▇ ▇ther law that would require Landlord to maintain the Premises in a tenantable condition or would provide Tenant with the right to make repairs and deduct the cost of those repairs from the rent.
(h) Landlord shall, at its sole expense, maintain and, as necessary, repair the Building foundation, the exterior walls, the roof, the roof membrane and other structural elements of the Premises; provided however that Landlord shall not be responsible for any defective condition, nor shall any defense repairs to or remedy be available maintenance to the Tenant(s)building foundation, where the defective condition complained of was exterior walls or roof structure caused by or resulting from the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, actions of Tenant or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant's contractors, employees, licensees, invitees or agents. Tenant Act, Tenant(s) must be current in rent. Tenant(s) agrees that it shall be responsible for all broken glass. Tenant(s) and shall not paintpromptly repair or replace, re-wallpaperas necessary, any part or otherwise redecorate or make alterations to the Premises without the written consent portion of the Landlord. If written consent is givenbuilding foundation, such alterations shall be at the expense exterior walls and the roof structure of the Tenant(sPremises; which repair or maintenance arises out of or results from the actions of Tenant or any of Tenant's contractors, employees, licensees, invitees or agents.
(i) Landlord shall keep and shall become part maintain the exterior of the Premises and the Owner’s property upon termination all grounds and landscaping in good condition, and repair (collectively "Exterior Maintenance"). Within ten (10) business days after receipt of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by an invoice from Landlord, Tenant shall, as additional rent, reimburse Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should incurred by Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawin such Exterior Maintenance.
Appears in 1 contract
Sources: Office Lease (Regan Holding Corp)
Repairs and Maintenance. It is 11.1 Throughout the responsibility Term of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundationthis Lease, cracks in plasterLessee, moisture in walls at its sole cost and ceilingexpense, buckling sheetrock or sidingwill keep and maintain, or any leaks. If ▇▇▇▇▇▇cause to be kept and maintained, the Demised Premises (sincluding the grounds, sidewalks and curbs abutting the same) fails and the Personal Property in good order and condition without waste and in suitable state of repair at least comparable to that which existed immediately notify Landlord of visible problems, which result in damage prior to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal Commencement Date (ordinary wear and tear itemsexcepted, the adage “you broke it you pay subject to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no Lessee's obligation to repair any defective condition, nor shall any defense or remedy be available to and replace the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies same in accordance with the Landlord-Tenant Actterms of this Lease), Tenant(s) must and will make or cause to be current in rentmade, as and when the same shall become necessary, all structural and nonstructural, exterior and interior, replacing, repairing and restoring necessary to that end. Tenant(s) All replacing, repairing and restoring required of Lessee shall be responsible for all broken glass. Tenant(s(in the reasonable opinion of Lessor) shall not paint, re-wallpaper, or otherwise redecorate or make alterations of quality at least equal to the Premises without the written consent of the Landlord. If written consent is given, such alterations original work and shall be at in compliance with all standards and requirements of law, licenses and municipal ordinances necessary to operate the expense Demised Premises as a Medicare and Medicaid certified skilled and/or intermediate care nursing home having no less than sixty-four (64) licensed, and Medicaid certified beds.
11.2 Any items of the Tenant(s) Personal Property that are uneconomical to repair shall be replaced by new items of like kind and all replacement items shall become part of the Personal Property. No items of Personal Property shall be removed from the Demised Premises except in connection with repair or replacement of such items. Lessee may place additional property on the Demised Premises (not required for the replacement of the Personal Property) and such additional property shall be and remain the Owner’s property of Lessee. Lessee shall remove such additional property upon termination or expiration of this Lease provided that Lessee shall make such necessary repairs or replacements as may be required in order to return the Demised Premises to the condition which existed prior to the removal of the additional property.
11.3 Provided there is not an Event of Default by Lessee under this Lease, Lessee shall have the right, at any time and tenancy. Tenant(s) shall not permit from time to time, to remove and dispose of any act Personal Property which may have become obsolete or thing deemed hazardous by Landlord due to potential risk of fire unfit for use, or which will increase is no longer useful in the rate operation of insurance on said the Demised Premises, provided Lessee promptly replaces any such Personal Property so removed or disposed of with other personal property free of any security interest, lien or encumbrance. In case the Premises or surrounding areas Said personal property shall be damaged by fireof the same character and shall be at least equal in usefulness and quality as any such Personal Property so removed or disposed of, rainand such replacement property shall automatically become the property of and shall belong to the Lessor, wind, and Lessee shall execute such bills of sale or other cause beyond documents reasonably requested by Lessor to vest the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time ownership of such destruction and from thenceforth this Lease Agreement personal property in Lessor. Notwithstanding the foregoing, Lessee shall cease and come have the right to an endplace leased Personal Property on the Demised Premises provided that the payments due under such leases do not exceed $4,000 per year. In the event, event Lessee desires to place leased personal property on the damage is caused by the act Demised Premises having annual payments in excess of the Tenant(s)amount provided for herein, or someone Lessee shall advise Lessor in or on writing and Lessor shall use its reasonable best efforts to seek the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense approval of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, Mortgagee or other compensation due to repairs or interruptions an amendment of service except as provided by lawthe Mortgage with respect thereto.
Appears in 1 contract
Repairs and Maintenance. It is (a) Except as specifically otherwise provided in subparagraphs (b), (c) and (d) of this Article, Tenant, at its sole cost and expense and throughout the responsibility Term of this Lease, shall keep and maintain the interior, non-structural portions of the Tenant(s) Premises in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all interior, non-structural repairs necessary to notify keep and maintain such good order and condition. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord immediately of any needed repair or unsafe condition existing around or in Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises including but not limited within a reasonable time of notice to cracks Landlord and shall charge Tenant for such services at Landlord’s standard rate (such rate to be competitive with the market rate for such services). When used in this Article 14, the foundation, cracks in plaster, moisture in walls term “repairs” shall include replacements and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damagerenewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises.
(b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises.
(c) Landlord shall maintain premises all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be done by or under included as a portion of Recognized Expenses as provided in Article 6 hereof.
(d) Landlord, throughout the direction Term of this Lease, shall make all necessary repairs to the Building outside of the LandlordPremises and the common areas, at including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof.
(e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s expenseobligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building.
(f) Notwithstanding anything herein to the contrary, except those caused repairs to the Premises, Building or Project and its appurtenant common areas made necessary by negligence a negligent or acts willful act or omission of Tenant(s)Tenant or any employee, Tenant’s agentsagent, contractor, or invitees, which repairs invitee of Tenant shall be made at the sole cost and expense of the Tenant(s). Such repairs shall be made to conform Tenant, except to the original condition extent of insurance proceeds received by Landlord.
(g) Landlord shall provide Tenant with janitorial services for the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end Monday through Friday of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies each week in accordance with the Landlord-guidelines set forth in Exhibit “E” attached hereto and the Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent pay its Allocated Share of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive cost thereof as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except Additional Rent as provided by lawin Article 6 hereof.
Appears in 1 contract
Repairs and Maintenance. It is Landlord shall keep the responsibility Premises, Shared Space, and the Common Areas of the Tenant(s) to notify Building in operating condition and repair at least as good as the Landlord immediately condition of any needed repair the Building on the Commencement Date, the completion of Phase 1 or unsafe condition existing around or in the Premises completion of Phase 2, as the case may be, including but not limited to cracks walks, landscaping, service areas, mechanical rooms, loading areas, and the roof and the exterior of the Building, reasonable use and wear and tear and damage by fire and other casualty excepted, Landlord shall promptly repair malfunctioning fixtures, plumbing, HVAC and electrical systems in the Premises, Shared Space and public and common areas. Landlord shall further maintain in condition and operating order at least as good as the condition of the Building on the Commencement Date and reasonably keep in repair consistent with plans for renovation of the Building (a) the structural portions of the Building, including the foundation, cracks in plasterfloor/ceiling slabs, moisture in walls roof, curtain wall, exterior glass and ceilingmullions, buckling sheetrock or sidingcolumns, or any leaks. If ▇▇▇▇▇▇beams, shafts (sincluding elevator shafts), base Building stairs and stairwells, Landlord’s art work, Building mechanical, electrical and telecom closets (collectively, the “Building Structure”), (b) fails to immediately notify Landlord of visible problemsthe base building mechanical, which result in damage to the unitelectrical, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction life safety, plumbing, sprinkler and HVAC systems of the LandlordBuilding (collectively, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s“Building Systems”), Tenant’s and (c) the common areas and signage. In the event that such repairs are required as a result, in whole or in part, of the act or neglect of any duty by Tenant its agents, servants, employees, or invitees, which repairs then Tenant shall be made at pay to Landlord the sole reasonable and actual cost of such maintenance and repairs. Landlord shall provide janitorial service for the Tenant(s)Premises. Such repairs Tenant shall, at its own expense and at all times, keep the Premises neat, clean and in a sanitary condition. Tenant shall be made to conform permit no waste, damage or injury to the original condition Premises. Tenant shall promptly provide Landlord with written notice of the Premises at the time the Tenant(s) took possession. Although the Landlord need for any repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies or maintenance to the Tenant(s) and it applies during tenancy as well as at Premises or the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the LandlordBuilding. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations the maintenance and repairs to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture the Building, Building systems, and wall hangings common areas which shall be the duty include but not limited to interior lighting (including replacement of light bulbs, ballasts and expense starters as required); electrical, plumbing, heating, ventilating and air-conditioning systems (including replacement of filters as recommended in equipment service manual); floor coverings; window coverings; inside and outside walls (including windows and entrance and exit doors); all structural portions of the Tenant(sBuilding (including the roof and the watertight integrity of same). Tenant(s) understands there will be no rent reductions; restrooms, adjustmentscommon area hallways, or other compensation due porches, stairways; sidewalks; exterior lighting; parking lot (including snow removal, cleaning and restriping as required); wheel bumpers; drainage; landscaping and continuous satisfaction of all governmental requirements (example: fire, building energy codes, indoor air quality and requirements to repairs or interruptions of service except as provided by lawprovide architecturally barrier-free premises for persons with disabilities, etc.).
Appears in 1 contract
Repairs and Maintenance. It is (a) Tenant, at its sole cost and expense and throughout the responsibility Term of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in this Lease, shall keep and maintain the Premises including but in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all non-structural repairs necessary by virtue of Tenant’s actions or neglect to keep and maintain such good order and condition. Tenant shall not limited replace lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself and shall advise Landlord of Tenant’s desire to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leakshave Landlord make such repairs. If requested by ▇▇▇▇▇▇(s) fails to immediately notify , Landlord of visible problems, which result in damage shall make such repairs to the unit, then Tenant(s) becomes liable Premises within a reasonable time of notice to Landlord and shall charge Tenant for cost of resultant damagesuch services at Landlord’s standard rate (such rate to be competitive with the market rate for such services). All repairs necessary made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to maintain premises those originally used in constructing the Building and the Premises.
(b) Except as provided in subparagraph (a) of this article, Landlord shall be done by make or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall cause to be made at the sole cost of the Tenant(s). Such all repairs shall be made to conform to the original condition Premises and Building common area, all repairs which may be needed to the mechanical, HVAC, electrical and plumbing systems in and serving the Premises (excluding repairs to any supplemental HVAC systems, kitchens, any non-Building standard fixtures or other improvements or any other portions of the Premises at or fixtures, equipment and improvements therein requiring maintenance of a type or nature not customarily provided by Landlord to office tenants of the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false callBuilding), Tenant(s) will be charged for the service call. Any repairs, and all repairs to exterior windows and glass (including labor, material, caulking and parts used, which are the responsibility of the Tenant(sweatherstripping), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair.
(c) Landlord shall keep and maintain all common areas appurtenant to the Building and any defective sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, nor free of accumulation of dirt, rubbish, snow and ice, and shall any defense or remedy be available keep and maintain all landscaped areas in a neat and orderly condition.
(d) Notwithstanding anything herein to the Tenant(s)contrary, where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails repairs to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture Building or Project and wall hangings its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, or contractor of Tenant shall be made by Landlord at the duty sole cost and expense of Tenant, payable on demand, except to the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions extent of service except as provided insurance proceeds received by lawLandlord.
Appears in 1 contract
Repairs and Maintenance. It is a. Except as specifically otherwise provided in subparagraphs (b) , (c) and (d) of this Article, Tenant, at its sole cost and expense and throughout the responsibility Term of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in this Lease, shall keep and maintain the Premises including but not limited in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all non-structural repairs necessary to cracks in keep and maintain such good order and condition. Tenant shall have the foundationoption of replacing non-Building standard lights, cracks in plasterballasts, moisture in walls tubes, ceiling tiles, outlets and ceiling, buckling sheetrock other non-Building-standard equipment itself or siding, or any leaksit shall have the ability to advise Landlord of Tenant's desire to have Landlord make such repairs. If ▇▇▇▇▇▇(s) fails to immediately notify requested by Tenant, Landlord of visible problems, which result in damage shall make such repairs to the unitPremises within a reasonable time of notice to Landlord and shall charge Tenant for such services at Landlord's standard rate (such rate to be competitive with the market rate for such services). Landlord, then Tenant(s) becomes liable for cost as part of resultant damageOperating Expenses, shall replace all Building-standard lights, ballasts, tubes, ceiling titles, outlets and similar equipment. When used in this Article 14, the term "repairs" shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises.
b. Landlord, throughout the Term of this Lease and at Landlord's sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises.
c. Landlord shall maintain premises all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant's Allocated Share of Landlord's cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be done by or under included as a portion of Recognized Expenses as provided in Article 6 hereof.
d. Landlord, throughout the direction Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Without limiting the foregoing, Tenant waives the right to make repairs at Landlord's expense under any law, at statute or ordinance now or hereafter in effect (including the Landlord’s expenseprovisions of California Civil Code Section 1942 and any successive sections or statutes of a similar nature). Tenant shall pay its Allocated Share of the cost of all repairs, except those caused as limited under Article 6 with respect to capital repairs, to be performed by negligence Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof.
e. Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof.
f. Notwithstanding anything herein to the contrary, repairs to the Premises, Building or acts Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant(s)Tenant or any employee, Tenant’s agentsagent, contractor, or invitees, which repairs invitee of Tenant shall be made at the sole cost and expense of the Tenant(s). Such repairs shall be made to conform Tenant, except to the original condition extent of insurance proceeds received by Landlord.
g. Landlord shall provide Tenant with janitorial services for the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end Monday through Friday of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies each week in accordance with the Landlord-guidelines set forth in Exhibit "D" attached hereto and the Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent pay its Allocated Share of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive cost thereof as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except Additional Rent as provided by lawin Article 6 hereof.
Appears in 1 contract
Sources: Lease (E Digital Corp)
Repairs and Maintenance. It is Tenant, at its sole cost and expense, shall maintain the responsibility Demised Premises and each part thereof, structural and non-structural, in good order and condition and, subject to the terms and conditions of Article VI, if and as applicable, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen. When used in this Article VII, the term "Repairs" shall include all such replacements, renewals, alterations, additions and betterments necessary for Tenant to properly maintain the Demised Premises in good order and condition and in compliance with all applicable laws. The necessity for, and adequacy of, any and all Repairs to the Demised Premises required or conducted pursuant to this Article VII shall be measured by and meet, at a minimum, all of the Tenant(sfollowing standards: (1) to notify the Landlord immediately of any needed repair or unsafe condition existing around or at least equal in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls quality and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage class to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Demised Premises prior to the need for such Repairs; (2) at least equal in quality and class to the condition of buildings and related facilities of similar construction and class in the general geographic area of the Demised Premises are generally maintained; (3) subject to the terms and conditions of Article VI, avoidance of any and all structural damage or injury to the Building or persons therein; (4) any and all maintenance, service, operation and repair standards and requirements set forth by Tenant for its (or its subsidiaries' or affiliates') restaurants; (5) any and all repairs, replacements or upgrades necessary to ensure compliance with the rules and regulations of all governmental agencies, including all Environmental Laws (as defined below); and (6) no mold which inhibits or impairs the intended use of the Demised Premises shall be permitted to remain unabated at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessaryDemised Premises. Landlord shall have no obligation duty whatsoever to maintain, replace, upgrade, or repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction portion of the Tenant(s)Demised Premises. If Tenant fails or neglects to make all necessary Repairs or fulfill its other obligations as set forth above, then Landlord or where its agents may enter the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Demised Premises for purposes the purpose of the repairmaking such Repairs or fulfilling those obligations. Before exercising any All costs and expenses incurred as a consequence of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent 's action shall be paid until the time by Tenant to Landlord as Additional Rent within fifteen (15) days after Landlord delivers to Tenant copies of invoices for such destruction and from thenceforth this Lease Agreement Repairs or other obligations. These invoices shall cease and come to an end. In the event, the damage is caused by the act be prima facie evidence of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense payment of the Tenant(s)charges to be paid by Landlord. Tenant(s) understands there will be no rent reductionsExcept in the case of emergency, adjustments, or other compensation due to Landlord shall refrain from taking any such action unless Tenant has not commenced and diligently pursued making such repairs or interruptions fulfilling such obligations within thirty (30) days after Landlord delivers written notice of service except as provided the proposed actions to be taken by lawLandlord.
Appears in 1 contract
Sources: Land and Building Lease (Shells Seafood Restaurants Inc)
Repairs and Maintenance. It is Tenant agrees that they have fully inspected the responsibility premises and accepts the condition of the Tenant(spremises in “as is” condition with no warranties or promises express or implied. Tenant shall maintain the premises in as good a condition as exists at the commencement of this Lease, ordinary wear and tear excepted, and shall keep all areas of the premises, both inside and outside, clean, sanitary and free from any accumulations of debris, filth, rubbish and garbage. Landlord shall deliver the premises free of rodents and vermin, and thereafter Tenant is responsible for internal pest control. Tenant shall be responsible for any damage to the premises beyond ordinary wear and tear or caused by the negligence or willful act of Tenant or Tenant’s agents, contractors, visitors and guests. Ripped and stained carpet, holes in the wall, dented appliances, broken latches or hinges are examples of damage that would be above normal wear and tear. Tenant is requested to use any of the numerous products to affix items to the walls other than nails, wall anchors, screws and the like to avoid holes. Tenant is required to patch all holes prior to moving out. Landlord shall have the right to repair such damage and Tenant shall reimburse Landlord within five (5) days after demand and or all charges incurred as additional rent. Tenant agrees to notify Manager promptly of all required repairs in writing via their tenant portal and consents to the entry of Manager’s licensed, bonded and insured vendor on or about the Premises to make repairs. (See Addendum D for Work Order Procedure). Tenant shall test at least once every six (6) months and replace batteries as needed in any smoke alarm or smoke detector. Tenant shall replace the heating and air-conditioning filters as necessary but not less than every three (3) months, or at Landlord’s election, Tenant shall allow Landlord’s representative to enter the premises following notice to Tenant to replace such filters. Tenant shall be responsible for the cost to repair and damage caused to the heating and air-conditioning system by Tenant’s failure to replace such filters. Tenant shall reimburse Landlord for the costs of such filters upon five (5) days’ written demand therefor. Tenant shall replace all light bulbs which fail during the term of this Lease. Tenant shall replace any lost or damaged garage door openers provided to Tenant. Tenant shall take reasonable steps to prevent the freezing of any pipes or well lines during cold weather periods. Tenant is responsible for replacement of any consumables on or about the premises, including light bulbs, furnace filters, water filters, gas, and heating oil. Tenant is responsible for maintaining the landscaping to city and HOA code unless the Premises include either private or HOA landscaping services. Tenant is required to adequately keep yard and shrubs in green healthy condition. Failure to water adequately to keep plants and shrubs alive will be Tenant financial responsibility. Summertime watering is required. For homes with a pool, Tenant is responsible for maintaining proper water level at all times. Upon vacating the premises, Tenant must leave the premises clean and follow “Tenant Cleaning Checklist for Vacating Property.” In the event a major repair to the premises must be made which will necessitate the Tenant’s vacating the premises, Landlord may at its option terminate this agreement and Tenant agrees to vacate the premises holding Landlord harmless for any damages suffered if any. Tenant shall notify Landlord immediately of any needed maintenance need or repair or unsafe condition existing around or in writing. Tenant agrees that they shall immediately test the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) smoke detector and shall become part of maintain the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawsame.
Appears in 1 contract
Sources: Lease Agreement
Repairs and Maintenance. It is the responsibility of the Tenant(s(a) Except with respect to notify the Landlord immediately of any needed repair or unsafe condition existing around or in Repairs (as defined below), Tenant, at Tenant’s expense, shall keep and maintain the Premises including but not limited in good order and condition. As used in this Lease, “maintain” shall include without limitation promptly making all repairs and any reasonably necessary replacements necessary to cracks keep and maintain such in good order and condition. Tenant shall have the foundationoption of replacing lights, cracks ballasts, tubes, ceiling tiles, outlets and similar equipment itself or advising Landlord of Tenant’s desire to have Landlord make such repairs, in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leakswhich case Tenant shall pay to Landlord for such repairs at Landlord’s then-standard rate. If To the extent that ▇▇▇▇▇▇(s) fails to immediately notify ▇ requests that Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All make any other repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which that are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s familyobligation to make under this Lease, inviteeLandlord may elect to make such repairs on Tenant’s behalf, licenseeat Tenant’s expense, or other person acting and Tenant shall pay to Landlord such expense along with the Administrative Fee. If Tenant has been in default under this Lease beyond any applicable notice and cure period, Landlord may elect to require that Tenant prepay the control or direction amount of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the such repair. Before exercising any of All Tenant repairs shall comply with Laws and utilize materials and equipment that are at least equal in quality, number, and usefulness to those originally used in constructing the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises Building and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the addition, Tenant shall maintain, at Tenant’s expense, Tenant’s Supplemental HVAC, Premises or surrounding areas shall be damaged by fireWater Heaters, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within and/or Alterations in a reasonable time at the expense of the Landlord; clean and safe manner and in case proper operating condition throughout the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repairTerm. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of “Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.Supplemental
Appears in 1 contract
Repairs and Maintenance. It is Landlord shall maintain the responsibility exterior of the Tenant(s) Facility, make all structural repairs thereto including the roof, exterior and load bearing walls (exclusive of interior maintenance of such items as paint), foundations, all exterior systems (unless used for the exclusive use of the Tenant), repair the sanitary or water pipes leading to notify the Landlord immediately of any needed repair or unsafe condition existing around or in from the Premises including but not limited due to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇failure from age (s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those if such repair is caused by negligence or acts of Tenant(s)Tenants misuse, Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs and excluding normal wear and tear itemsitems such as flushing systems, the adage “you broke it you pay to fix it” applies faucets, and washers), ordinary and extraordinary, foreseen and unforeseen, to the Tenant(sextent same is not caused by Tenant's, its agents or representatives, visitors, deliverymen's misuse. Landlord shall maintain and keep the common sidewalks of the facility, in good order, repair and condition. Tenant shall be responsible for maintaining any sidewalks, ramps, stairs, and entrances used exclusively by the Tenant. Landlord shall clear snow and ice from the common sidewalks, roadways and parking lots. Tenant will clear snow and ice from any loading platform(s), entrance doorways, stairs, ramps, or ladders, entering the Demised Premises or used by Tenant. Tenant shall be responsible for proper disposal of its garbage, trash, debris, end product, by product or other waste, etc. in a proper manner, complying with all relevant rules and regulations. The Tenant shall be responsible for all interior maintenance of the premises, (other than structural repairs as herein noted), and Tenant agrees to:
(a) Maintain all equipment, fixtures, HVAC equipment, and it applies during tenancy improvements in good repair and a sanitary, neat and clean appearance, free of any infestation.
(b) Make all necessary repairs to the Demised Premises, and all equipment, fixtures, and improvements therein, except structural repairs as well as at heretofore made the end responsibility of tenancy. In additionothers.
(c) Use all plumbing, if a Tenant(s) calls for maintenance electric, and other facilities safely and in the way for which they were intended.
(d) Use no such maintenance is needed more electricity than the wiring or feeders were designed for, or can safely accommodate.
(false call)e) Replace any and all broken windows in the Demised Premises.
(f) Keep nothing dangerous, Tenant(sexplosive, flammable, or combustible, in the rental space that will increase the risk of fire.
(g) will be charged for Promptly notify the service call. Any repairs, including labor, materialLandlord of conditions that need repair, and parts used, which promptly execute repairs that are the responsibility of the Tenant(s)Tenant.
(h) Avoid littering on the building grounds, must be pre-approved in writing by including but not limited to, the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused littering by the Tenant's employees, ▇▇▇▇▇▇’s family, invitee, licenseeagents, or other person acting under the control or direction visitors of the Tenant(sTenant. Maintain the Tenant's area in such a manner to avoid the blowing or release of litter, rubbish, packaging materials, and the like from the premises or Tenants trash containers. Promptly clean up any spillage of trash from the Tenants trash removal contractor(s).
(i) Do nothing to destroy the peace and quiet of the neighborhood, Landlord, other Tenants, or where people in the neighboring areas.
(j) Promptly comply with all laws, orders, rules and requirements of all governmental authorities, insurance carriers, board of fire underwriters, or similar groups.
(k) Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access maintain, and make all necessary repairs to the Premises for purposes of heating, ventilating, and cooling system(s) components in, and servicing, the repair. Before exercising any of the remedies in accordance with the Landlord-Premises.
(l) Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for to make all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations necessary repairs and replacements to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint electrical system servicing the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.
Appears in 1 contract
Sources: Lease Agreement (Adpads Inc)
Repairs and Maintenance. It is 11.1 Throughout the responsibility term of this Lease, Lessee, at its sole cost and expense, will keep and maintain, or cause to be kept and maintained, the Tenant(sDemised Premises (including the grounds, sidewalks and curbs abutting the same) and the Personal Property in good order and condition without waste and in a suitable state of repair at least comparable to notify that which existed immediately prior to the Landlord immediately Commencement Date (ordinary wear and tear expected), and will make or cause to be made, as and when the same shall become necessary, all structural and non-structural, exterior and interior, replacing, repairing and restoring necessary to that end. All replacing, repairing and restoring required of any needed repair or unsafe condition existing around or Lessee shall be (in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(sreasonable opinion of Lessor) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, a quality at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform least equal to the original condition work and shall be in compliance with all standards and requirements of law, licenses and municipal ordinances necessary to operate the Demised Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service callskilled and/or intermediate care nursing home. Any repairs, including labor, material, and parts used, which items of Personal Property that are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord uneconomical to repair shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), replaced where the defective condition complained reasonable by items of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for like kind and all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and replacement items shall become part of the Personal Property. No items of Personal Property shall be removed from the Demised Premises except in connection with repair or replacement of such items. Lessee may place additional property on the Demised Premises (not required for the replacement of the Personal Property) and such additional property shall be and remain the Owner’s property of Lessee. Lessee may remove such additional property upon termination of this Lease and tenancy. Tenant(s) provided that Lessee shall not permit any act make such necessary repairs or thing deemed hazardous by Landlord due replacements as may be required in order to potential risk of fire or return the Demised Premises to the condition which will increase existed prior to the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control removal of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawadditional property.
Appears in 1 contract
Sources: Lease Agreement (LTC Healthcare Inc)
Repairs and Maintenance. It 7.1. Subject to the provisions hereinafter contained with regard to damage by fire, Tenant accepts the Premises as being in good and sanitary order and agrees to maintain the Premises in good order and will suffer no waste thereto. Tenant shall repair, maintain and preserve the Premises during the term of this Lease at its sole cost and expense, reasonable use and wear excepted.
7.2. Landlord shall make structural repairs to the Building necessary for safety and tenantability, and shall bear the cost thereof unless required by any act or neglect of Tenant, its agents, employees or invitee. Landlord shall make such other repairs to the Premises and Building as may be necessary or desirable in Landlord's judgment, and the cost of such repairs shall be included in the Operating Expenses. Tenant agrees to report immediately in writing to Landlord any defective condition in or about the Premises known to Tenant which Landlord is required to repair, and a failure to report shall make Tenant liable for any expense, damage or liability resulting from such defects.
7.3. Landlord reserves the responsibility right at any time and from time to time, as often as Landlord deems desirable, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant or otherwise affecting Tenant's obligations under this Lease, to make such changes, alterations, additions, improvements, repairs, relocations or replacements in or to the Building (including the Premises if required by any applicable law or regulation) and the fixtures and equipment thereof, as well as in or to the street entrances, halls, passages, stairways and other common facilities thereof, and to change the name by which the Building is commonly known and/or the Building's address. Landlord reserves the right from time to time to install, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other parts of the Tenant(s) Building, above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas, and to notify the Landlord immediately of relocate any needed repair or unsafe condition existing around or pipes, ducts, conduits, wires and appurtenant meters and equipment included in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved located in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint located elsewhere outside the Premises, moving furniture and wall hangings to expand the Building. Nothing contained herein shall be deemed to relieve Tenant of any duty, obligation or liability with respect to making any repair, replacement or improvement or complying with any law, order or requirement of any government or other authority and nothing contained herein shall be deemed not construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the duty and expense care, supervision or repair of the Tenant(s). Tenant(s) understands there will be no rent reductionsBuilding or any part thereof, adjustments, or other compensation due to repairs or interruptions of service except than as expressly provided by lawin this Lease.
Appears in 1 contract
Repairs and Maintenance. It is (a) Tenant shall, at Tenant's sole expense, keep and maintain the responsibility Premises, including, without limitation, interior walls, roof membrane, heating, ventilation and air conditioning systems, operating systems, fire sprinklers, alarms, all windows (interior and exterior), window frames, plate glass and glazing, truck doors, plumbing systems (such as water and drain lines, sinks, toilets, faucets, drains, showers, and water fountains), electrical systems (such as panels, conduits, outlets, and lighting fixtures, including lamps, bulbs, tubes, and ballasts), heating and air conditioning systems (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, supply and return grills), interior surfaces of the Tenant(s) to notify the Landlord immediately Premises, store fronts, down mechanisms, latches, locks, skylights (if any), fire extinguishing systems and equipment, and all other interior improvements of any needed repair or unsafe condition existing around or in nature whatsoever, that are part of the Premises including but not limited to cracks (collectively, the "Building Systems"). Tenant will keep such items in the foundationgood and clean condition and repair (and, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage subject to the unit, then Tenant(s) becomes liable for cost further provisions of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(sthis Section 10(a), Tenant’s agentsby replacing such items as needed), or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made and deliver to conform to the original condition Landlord physical possession of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease or any sooner expiration thereof, in good condition and tenancyrepair, reasonable wear and tear excepted. Tenant(s) Except to the extent of Landlord's "Grounds Maintenance" as set forth in Section 10(f), Tenant shall not permit any act keep and maintain the Outside Area in good, safe and sanitary order, condition and repair and in compliance with Legal Requirements in accordance with Section 6(e). All repairs and replacements required of Tenant shall be promptly made with new materials of like kind and quality. If and to the extent Tenant's obligations under this Section require replacement of a Building System, Tenant shall have the right to cause Landlord to perform such replacement, and Tenant shall pay to Landlord as Additional Rent the amortized cost of such improvement over the useful life of such repair or thing deemed hazardous by Landlord due improvement pursuant to potential risk a commercially reasonable amortization schedule. If the work affects the structural elements of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas if the estimated cost of any item of repair or replacement is in excess of Five Thousand Dollars ($5,000), Tenant shall be damaged by fire, rain, wind, or other cause beyond the control first obtain Landlord's written approval of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense scope of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitationwork, the rent shall cease until such time as plans for the Premises will be put in repair. In case of total destructionwork, the rent materials to be used, and the contractor hired to perform the work, which approval shall not be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), unreasonably withheld or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawdelayed.
Appears in 1 contract
Sources: Office / R&d Lease (Cacheflow Inc)
Repairs and Maintenance. It is the responsibility of the Tenant(s(A) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaksLandlord’s Obligations. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at its expense (subject to reimbursement to the Landlord’s expenseextent set forth in Section 4), except those shall maintain and repair in good working order, condition and repair and, where necessary, replace the following: (i) the footings, foundation, floor slab, sub-grade below floor slab and structural components (defined as the steel, floor slab, foundations, load-bearing interior and exterior walls, joists, steel frames and columnar supports) of the Building, including the Premises; (ii) all utility lines outside stub locations within the Premises but serving the Premises, including plumbing mains and electrical panels, conduits and connections serving the Premises; (iii) the roof membrane, flashing, gutters, and downspouts of the Building; and (iv) the roof structure of the Building; provided that Tenant shall reimburse Landlord in full for the cost of any repairs performed by Landlord if caused by the negligence or acts willful misconduct of Tenant(s), Tenant’s Tenant or its agents, or inviteesemployees, which repairs shall be made at the sole cost of the Tenant(scontractors, invitees and licensees (subject to Section 12(D). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy). In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed Landlord, at its expense (false callsubject to reimbursement as provided under Section 4), Tenant(s) will be charged for maintain the service call. Any repairs, including labor, material, Common Areas and parts used, which are the responsibility of the Tenant(s), must be pre-approved landscaping in writing by the Landlordgood repair and condition and in accordance with all Laws. Landlord shall be the sole judge as use reasonable efforts to what repairs are necessaryminimize interference with Tenant's conduct of business in connection with Landlord's performance of any work described in this Section 9(A). Tenant will notify Landlord promptly of any defective condition known to Tenant which Landlord is obligated to repair. Landlord shall have no obligation to undertake such necessary repairs and shall complete same as soon as reasonably practicable, unless such repair any defective conditioncannot be completed within thirty (30) days, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the in which event Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paintbe in breach provided it commences such repair within this thirty (30) day period and thereafter diligently prosecutes same to completion. If Landlord shall fail to perform the required maintenance or fail to make repairs required of it pursuant to this paragraph within the foregoing cure, re-wallpaperTenant may, at its election and without waiving any other remedy it may otherwise have under this Lease or otherwise redecorate at law or in equity, perform such maintenance or make alterations to such repairs on Landlord’s behalf and charge Landlord the Premises without the written consent of the Landlordcosts so incurred by Tenant for same. If written consent is givenExcept as provided in this Lease, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) Landlord shall not permit be obligated to provide any act maintenance, repairs, replacements or thing deemed hazardous by Landlord due services to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord Tenant or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.
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