Common use of Repairs and Maintenance Clause in Contracts

Repairs and Maintenance. Xxxxxx has inspected Premises and acknowledges that it is in good condition, free of defects and fit for residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windows.

Appears in 5 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

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Repairs and Maintenance. Xxxxxx The Institute shall repair defects, which arise from ordinary wear and tear. Without limitation, all defects caused by the acts or omissions of Licensee, Licensee’s guests or invitees, will be so charged to Licensee, including the cost of repair to or clearing of waste pipes and drains, repair to water pipes, plumbing fixtures, or overflow therefrom caused by negligent or improper usage or introducing articles or materials into the system for which the system was not intended. Licensee will also be charged for the cost of repair or replacement of damaged or missing furniture, fixtures, appliances or equipment and the re-assembly of furniture. The Institute shall not be liable for failure to make any repair unless Licensee has inspected Premises and acknowledges that it is in good condition, free given to the Institute written notice of defects and fit for residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition or the need for maintenance existing in Premises or on repair and the PropertyInstitute has had a reasonable amount of time to make the repair. Upon receipt expiration or revocation of notice from Tenantthis License Contract, Landlord shall, within a reasonable time period thereafter, repair Licensee shall return the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises Institute in the neatsame condition as received less reasonable wear and tear, sanitary as determined by the Housing Office. ALTERATIONS Licensee shall not make, nor suffer to be made, any alterations to the Premises, or any part thereof, without the Institute’s prior written consent. Without limitation, “alterations” include painting, removing furniture or fixtures, installing antenna or satellite dish, placing or displaying signs, or using fastening devices. If Premises come furnished, the Institute will not remove or store furnishings provided in the Premises. PERSONAL PROPERTY Licensee assumes all risks for personal property in Institute Housing, or any facility managed by the Housing Office. The Institute does not insure Licensee’s personal property. If Licensee wishes to insure his or her personal property, he or she shall obtain and clean condition free maintain the insurance. STORAGE The Institute is not responsible for providing storage space for Licensee’s belongings. Licensee assumes all risks for personal items left in facilities. Never is the Institute responsible for such items. PETS Licensee may not maintain any pets. Pets are strictly prohibited. If Licensee is found with a pet or pets, Licensee will be assessed a fine of trash $350.00. Licensee will be given fourteen (14) calendar days from the date that notice of violation of the Pets section of the License Contract is violated to remove the pet(s) from the Premises. If Licensee fails to remove the pet(s) within the fourteen (14) day period, this License Contract will be subject to revocation and debris. All of Tenant’s trash shall Licensee and pet(s) will be kept in designated trash containers and removed from the Premises within five (5) calendar days of notice of failure to remove pet(s). Additional information can be found at xxxx://xxx.xxxxxxx.xxxxxxx.xxx/policies. CLEANING Common areas are cleaned at least once each weekdaily. Tenant obligation to maintain Licensee may obtain a cleaning schedule from the Premises includes, but custodial office. Licensee may request additional cleaning from Housing Maintenance for a fee. Non-Caltech custodial vendors may not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowsclean student rooms.

Appears in 4 contracts

Samples: Undergraduate Student Housing License Contract, Undergraduate Student Housing License Contract, Undergraduate Student Housing License Contract

Repairs and Maintenance. Xxxxxx has inspected A. Landlord agrees to maintain the structure, roof, exterior walls, exterior doors, exterior windows, public restrooms, public elevators, all plumbing, heating, air conditioning and similar equipment and the corridors of the Building of which the Premises is a part, and acknowledges that it is the grounds (including landscaping and mowing) and parking areas (including snow removal) serving the Building, in good conditionrepair. Such maintenance and repair costs incurred by Landlord shall be at Landlord’s sole cost and expense; provided, free however, that if any repairs to any part of defects and fit the Building or any such equipment installed in or used in connection with the Building or any of the grounds or parking areas serving the Building are necessitated by the gross negligence or willful misconduct of Tenant or its Invitees, Tenant shall reimburse Landlord for residential occupancythe cost thereof within twenty (20) days after written demand, as Additional Rent. Tenant shall promptly notify Landlord not pay any additional operating expenses for the term of any dangerous condition or need this Lease. B. Tenant shall be responsible for maintenance existing the Premises and at Tenant’s cost, shall keep it in a safe, neat and attractive condition. Tenant shall pay for all redecoration, remodeling, alteration and painting of the Premises or on the Property. Upon receipt of notice from desired by Tenant, Landlord shallwhich must be approved by Landlord, within a reasonable time period thereafter, which approval shall not be unreasonably withheld. Tenant shall also pay for the repair and maintenance during the following: (1) Lease Term of all defects in Premises special equipment or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required improvements installed by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises Tenant in the neatPremises, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includesincluding, but not limited to, replacing any light bulbs which fail during the Lease Term supplemental air handling units, dishwashers, icemakers, disposals, showers, sinks, commodes, glass walls and regularly changing HVAC and fridge filtersother similar equipment or improvements. All improvements by Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages subject to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windows12.B below.

Appears in 4 contracts

Samples: Office Lease (Smith Electric Vehicles Corp.), Production Space Lease (Smith Electric Vehicles Corp.), Office Lease (Smith Electric Vehicles Corp.)

Repairs and Maintenance. Xxxxxx has inspected (a) Landlord shall maintain the roof and exterior of the Building, 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 acknowledges that it is at its own cost and expense, keep and maintain the interior of the Premises, and shall make all repairs, including repairs to 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, free damages by the elements, fire and other causes beyond the reasonable control of defects Tenant and fit for residential occupancyordinary wear and tear excepted. Tenant shall promptly notify Landlord 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 dangerous condition repairs or need for maintenance existing in Premises or expenses covered by any warranty on the Property. Upon receipt of notice from TenantBuilding, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx Tenant agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant pay to Landlord as additional rent within fourteenall 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. (14d) days Tenant shall pay the aforesaid additional rent for the actual reasonable expenses incurred by the Landlord under this paragraph by the fifth day of the receipt month following the completion of an invoice from Landlord. If Tenant submits a service request the work or repair request to payment of any expenses by the Landlord, and as billed by the contractor responding to this request on behalf of Landlord determines that Landlord. (e) Notwithstanding the item is working correctlyabove, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable responsible for any damage during tenancy caused by vandalismcosts incurred in connection with the original design and construction of the Building, including but not limited to broken windows.any repair, restoration, capital improvements or maintenance caused by any defects in design or construction of the Building;

Appears in 4 contracts

Samples: Lease Agreement (Sungard Capital Corp Ii), Lease Agreement (SunGard VeriCenter, Inc.), Lease Agreement (Sungard Data Systems Inc)

Repairs and Maintenance. Xxxxxx has inspected Premises and acknowledges that it is in good condition, free of defects and fit for residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises18.1. Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including, without limitation, roofing and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevators, and electrical systems installed or furnished by Landlord. Any costs related to the repair or maintenance activities specified in this Section 18.1 shall be responsible included as a part of Operating Expenses, unless such repairs or maintenance is required in whole or in part because of any negligent or wrongful act or omissions of Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance. 18.2. Except for all other plumbing issues between services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shall, upon the street expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and the septic tank tear excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or in any plumbing line outside of paint the Premises which exclusively serves the Premises. Tenant shall be responsible for or any damages part thereof, other than pursuant to the Premises and/or Property caused by Xxxxxx’s abuse or neglect terms and provisions of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteenSection 4 hereof. (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice18.3. Landlord will shall not be liable for any damage during tenancy caused by failure to make any repairs or to perform any maintenance that is an obligation of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. 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 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 ordinary course of operation of the Building and the Project and any related facilities. In the event of fire, earthquake, flood, vandalism, including but not limited to broken windowswar or similar cause of damage or destruction, Section 22 shall apply in lieu of this Section 18.

Appears in 4 contracts

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

Repairs and Maintenance. Xxxxxx has inspected Premises (1) Lessor shall not be required to make any Repairs in, on, or about all or part of the Lease Premises. Lessee shall, at all times during the term of this Lease and acknowledges that it is without any cost or expense to Lessor, keep and maintain the Lease Premises, including all Improvements, in good order and repair and in a clean, safe, sanitary, and orderly condition. (2) Lessee shall make, free of defects or cause to be made, any Repairs which may be required by any Regulatory Agency. Lessee shall observe and fit for residential occupancycomply with, any law, statute, ordinance, plan, regulation, resolution, or policy applicable to the Lease Premises in making such Repairs. Tenant All work shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenantbe performed with reasonable diligence, Landlord shall, completed within a reasonable time period thereaftertime, repair and performed at the followingsole cost and expense of Xxxxxx. (3) Lessee expressly accepts the Lease Premises “as is” and expressly acknowledges that: (1i) all defects in Premises Lessor has made no representations or Property which create unsafe living conditions or render Premises untenable; and (2) warranties as to the extent required by state lawsuitability of the Lease Premises for any Improvements. Lessee shall conduct all tests necessary to determine the suitability of the Lease Premises for any proposed use or Improvements authorized; and (ii) Lessor has made no representations or warranties as to the quality or value of any Improvements found on the Lease Premises, such or of their conformity to any applicable building codes, zoning ordinances, or other defects which, if not corrected, will leave Premises or Property in a state of disrepairregulations. Except as provided above, Xxxxxx agrees to maintain Premises inspect any preexisting Improvements at its own cost to determine whether such Improvements are safe and suitable for the Lessee’s intended use; and (iii) Lessee shall neither be entitled to any reduction in rent, nor any extension of the neat, sanitary and clean condition free terms of trash and debris. All this Lease because of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation damage to maintain the Premises includes, but not limited to, replacing or destruction of any light bulbs which fail during Improvements on the Lease Term Premises. (iv) Lessee and regularly changing HVAC Lessor agree that any Improvements on the Lease Premises constitute the personal property of Xxxxxx and fridge filters. Tenant shall be responsible for any clogged plumbing within that fixture law does not apply. (4) In the Premises. Landlord shall be responsible for all other plumbing issues between event that the Lease Premises and the street or the Premises and the septic tank is partly, or in whole, comprised of tidal, submerged, or waterfront property, Lessee expressly accepts the hazards involved in using or improving such lands. Lessor is not responsible for, and Xxxxxx shall not be reimbursed for nor receive any plumbing line outside offset of rent for, any damages or reduced use of the Lease Premises which exclusively serves the Premises. Tenant shall be responsible for caused by: local or invasive flora or fauna, flooding, erosion, sea level rise, storms, freezing, inclement weather of any damages to the Premises and/or Property caused by Xxxxxx’s abuse kind, acts of god, maintenance or neglect failure of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlordprotective structures, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowsother such hazards.

Appears in 4 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

Repairs and Maintenance. Xxxxxx has inspected Premises 11.1 Commencing as of the Commencement Date and acknowledges that it is until the end of the Lease Term, Tenant, at its expense, shall take good care of and keep in good conditionorder and repair (damage or destruction by fire, free of defects other casualty and fit for residential occupancyordinary wear and tear excluded), the Leased Premises. Tenant shall: A. make all repairs inside and outside, ordinary and extraordinary, structural and nonstructural, as necessary to preserve the Leased Premises in Good Condition, which repairs shall be performed in a first class workmanlike manner. If any element of the Leased Premises cannot be so repaired, Tenant shall replace that element so that the Leased Premises will be restored to Good Condition. B. promptly notify pay the expense of all such repairs; C. suffer no waste on or injury to the Leased 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 dangerous condition fire or need 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 maintenance existing which Tenant is responsible under Section 11.1, Landlord may demand in Premises writing that Tenant make such repairs; and if Tenant either refuses or on the Property. Upon neglects to commence such repairs within thirty (30) days of Tenant's receipt of notice from Tenantsuch written demand or fails to complete the same in a commercially timely manner, Landlord shall, within may make or cause such repairs to be made in a reasonable time period thereafter, repair manner designed to avoid interference with the following: business of Tenant and Landlord shall not be responsible to Tenant for any loss or damage that may accrue to Tenant's business by reason thereof (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) except to the extent required of the negligence or willful misconduct of Landlord or its agents), and if Landlord makes or causes such repairs to be made, the reasonable cost thereof paid by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between constitute Additional Rent payable on the Premises and the street or the Premises and the septic tank or in any plumbing line outside first day of the Premises which exclusively serves next succeeding month; provided, that Landlord shall provide written notice to Tenant, not less than five (5) business days before the Premises. due date for such Additional Rent, advising Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses cost incurred by Landlord to remedy for any violations of this provision such repair. Nothing contained herein shall be paid by Tenant construed as imposing any obligation on Landlord to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for make any damage during tenancy caused by vandalism, including but not limited to broken windowssuch repairs.

Appears in 4 contracts

Samples: Lease Agreement (Emeritus Corp\wa\), Lease Agreement (Emeritus Corp\wa\), Lease Agreement (Emeritus Corp\wa\)

Repairs and Maintenance. Xxxxxx has inspected Premises and acknowledges that it is in good condition, free of defects and fit for residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises18.1. Landlord shall be responsible repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including roofing and covering materials; foundations; exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord. 18.2. Except for all other plumbing issues between services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear and casualty or condemnation excepted. Tenant shall, upon the street expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and the septic tank tear and casualty or in any plumbing line outside of the Premises which exclusively serves condemnation excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises. Tenant shall be responsible for , and repair any damages damage to the Premises and/or Property caused by Xxxxxx’s abuse thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or neglect paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteenWork Letter. (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice18.3. Landlord will 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, 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 protect the Building from injury or damage during tenancy caused and to support the same by vandalismproper foundations, including but not limited 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 broken windowsrepairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses, except as otherwise provided in Article 9.

Appears in 3 contracts

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

Repairs and Maintenance. Xxxxxx has inspected By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good sanitary order, condition and acknowledges that it is repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, free ordinary wear and tear and damage from causes beyond the reasonable control of defects the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and fit for residential occupancythe parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall promptly notify give Landlord written notice of any dangerous condition required repairs or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premisesmaintenance. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by vandalismreason of any injury to or interference with Tenant's business arising from the making of any repairs, including but not limited alterations or improvements to broken windowsany portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.

Appears in 3 contracts

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

Repairs and Maintenance. Xxxxxx has inspected Premises Landlord, at its sole cost and acknowledges that it is in good condition, free of defects and fit for residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not correctedexpense, will leave Premises or Property promptly make all replacements (as opposed to repairs and maintenance) of capital items serving the Project in a state of disrepair. Except as provided abovemanner consistent with the standards prevailing from time to time for Comparable Class Buildings, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includesincluding, but not limited toto the roof, replacing foundation and structural elements of the Buildings, the HVAC system, major elevator components and the main equipment and systems providing services to the Project including without limitation, the Project-wide sprinkler systems, mechanical, electrical, life safety and plumbing systems, elevators, the fire alarm systems and repaving of the Parking Area, unless the need for any light bulbs such replacement is caused by the negligence or willful misconduct of Tenant or its agents, employees, or contractors, or breach of this Lease by Tenant, in which event Tenant will bear the cost of such repairs to the extent as provided in this Lease. In no event will Landlord be liable to Tenant for failure to make any required replacement unless written notice of the need for such replacement has been delivered by Tenant to Landlord and Landlord shall fail during to make such replacement within a reasonable period after receipt of such notice. If Landlord fails to perform a required replacement or fails to repair a warranted item within a reasonable period after receipt of notice as set forth above, and such failure causes the Project to be without an essential building service (such as electricity or HVAC but not to include elevators) which renders all or any portion of the Premises untenantable for five (5) consecutive business days, and so long as the correction of the problem is within Landlord’s reasonable control, then Tenant shall be entitled to an abatement of Rent (in proportion to the area so untreatable) until such essential service is restored. If such failure aggregates to a total of forty-five (45) days in any twelve (12) month period, and so long as the correction of the problem is within Landlord’s reasonable control, then Tenant shall have the right to terminate this Lease. Landlord will consult with Tenant regarding the need for replacement of capital items. In the event of a dispute between Landlord and Tenant as to whether a particular item is a capital replacement to be made by Landlord (or whether such item is not in need of replacement and is instead part of Tenant’s repair and maintenance of capital items), which dispute is not resolved by the parties within fifteen (15) days after Tenant’s notice to Landlord of the Tenant’s request for such replacement, then, within ten (10) days after the expiration of such fifteen (15) day period, Landlord and Tenant shall each select an independent disinterested engineer, which engineers shall mutually determine (within ten (10) days) whether the item in question is a capital replacement to be made by Landlord or whether such item is not in need of replacement and is instead part of Tenant’s repair and maintenance of capital items. The losing party shall bear the costs of both engineers. If the engineers cannot agree, then the engineers shall mutually select a third independent disinterested engineer. Such third engineer shall then (within ten (10) days) make its determination whether the item in question is a capital replacement or whether such item is not in need of replacement and is instead a repair and maintenance item, whose decision shall be final and binding. The losing party shall pay the fees and costs of such third engineer. At a minimum, each of the engineers shall be disinterested engineers, with substantial experience in the Miami-Dade County commercial real estate office market. Except for the specific capital items to be replaced by Landlord as described above and the items warranted by Landlord as described above , Tenant, at its sole cost and expense, will repair and maintain (and replace if necessary) the Project (including, without limitation, all furniture, trade fixtures and equipment of Tenant, all areas devoted to corridors, elevator lobbies, restrooms, mechanical rooms, janitorial closets, electrical and telephone closets, vending areas, lobby areas, refuse dumpsters, loading docks and other similar facilities, Building stairs, Building elevator shafts, elevator mechanical rooms, fire towers, Building electrical, mechanical and telephone rooms, electrical, communications and mechanical chases, projections, flues, vents, stacks, pipe shafts and other vertical penetrations, ducts and chases) in a clean, attractive and safe 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 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 Term excepting reasonable wear and regularly changing HVAC tear and fridge filtersdamage arising from either an insurable casualty or any cause not required to be repaired by Tenant. Tenant shall be responsible obligated to repair any damage incurred in connection with any removal of Tenant’s furniture, equipment or other personal property by Tenant or its agents, representatives or employees, provided that Tenant shall not be obligated to repair any damage to any area which Landlord has notified Tenant in writing that it intends to refurbish or remove in connection with renovation of the Project for 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 clogged plumbing within 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. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages will use reasonable efforts to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by cause Tenant to Landlord as additional rent within fourteen (14) days be a third party beneficiary of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the ’s construction contract with its general contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windows.

Appears in 3 contracts

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

Repairs and Maintenance. Xxxxxx has inspected During the term of this Lease, Lessor, at its expense, shall be responsible for maintaining and keeping in good repair the exterior and structural parts of the building and the paved parking areas and driveway on the Leased Premises. Lessor will also provide landscaping for the Leased Premises and acknowledges that it is will maintain in good conditionrepair the lawn and all landscaped areas of the Leased Premises. Lessor will make or cause any necessary repairs or maintenance to be made or performed as soon as is reasonably possible after having been notified by Lessee that such repairs or maintenance are necessary, free of defects and fit for residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition or unless the need for such repairs or maintenance existing are a result of Lessee’s negligence in Premises which case, the repairs or on maintenance shall be Lessee’s obligation and responsibility. During the Property. Upon receipt term of notice from Tenantthis Lease, Landlord shallLessee, within a reasonable time period thereafterat its expense, will maintain and keep in good repair the following: (1) all defects in interior of the Leased Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includesincluding, but not limited to, replacing any light bulbs which fail all equipment, air conditioning, heating, plumbing, and electrical equipment and machinery on or in the Leased Premises. Lessee further agrees to enter into and maintain in effect during the term of this Lease Term a service and regularly changing maintenance contract with a licensed HVAC contractor acceptable to Lessor providing for periodic inspection, maintenance and fridge filtersservice of the heating and air conditioning equipment in the Leased Premises. Tenant Upon request by Lessor, Lessee agrees to furnish to Lessor a copy of its service and maintenance contract for the HVAC equipment. Lessee further agrees to keep the exterior of the Leased Premises as well as the parking and driveway areas in a neat and orderly manner, free and clear of all trash and debris. Lessee shall also be responsible for providing any trash or waste receptacles and for the regular removal and disposal of any such trash or waste. Provided, however, that Lessee shall not be responsible for any clogged plumbing within repairs and shall not be required to reimburse Lessor for or pay the Premisescost of repairs to the Leased Premises or any part thereof or to fixtures of the building occasioned by or resulting from fire, other casualties or acts of God. Landlord shall be responsible for all other plumbing issues between Subject to the respective obligations of the Lessor and the Lessee to repair and maintain the Leased Premises and improvements located thereon as herein expressly provided, Lessee will deliver up the street or Leased Premises at the Premises and the septic tank or in any plumbing line outside end of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect term of the Premises/Property. Any expenses incurred Lease or any extension hereof in good condition, reasonable wear and tear, damage by Landlord to remedy any violations fire, other casualty or casualties and acts of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowsGod excepted.

Appears in 3 contracts

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

Repairs and Maintenance. Xxxxxx has inspected Premises Tenant agrees to utilize the portal to submit to Owner’s Agent any and acknowledges that it is in good condition, free of defects and fit all repair requests for residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt In the event of notice from Tenantdamage by fire, Landlord shallwater, acts of God, tenant shall notify Owner’s Agent immediately. Owner’s Agent agrees to make any necessary repairs to the property within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; provided there is written and (2) dated receipt of such notification. The Tenant will be responsible for any damage to the extent required property beyond ordinary wear and tear and for the cost of service calls if the vendor is not able to confirm an issue reported by state lawthe tenant. The tenant agrees to reimburse Owner’s Agent for expenses related to these matters within a thirty (30)-day period. Owner’s Agent shall not be responsible or liable for any damage or injuries to the Tenant, such other defects whichhis family, if not corrected, will leave Premises or Property in a state of disrepairguests. Except as provided above, Xxxxxx Tenant agrees to maintain Premises the premises in the neat, sanitary a safe and clean condition free of trash and debrismanner. All of Tenant’s trash If at any time, it is determined that dust has accumulated on the A/C coil or A/C condensation drain lines are clogged due to TENANT'S failure to timely change an A/C filter or maintain the condensate line, TENANT agrees to pay for professional coil cleaning and/or condensation line cleaning charge. TENANT shall be kept in designated trash containers liable for any damages to the A/C or heating system as a result of TENANT failure to timely change the filters or add vinegar. TENANT agrees that the information binder is made part of and removed is an addendum to this Lease. If any plumbing issues result from TENANT and/or guests flushing anything into the Premises at least once each week. Tenant obligation to maintain the Premises includestoilet other than human waste and toilet paper, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant TENANT shall be responsible for any clogged plumbing within costs or charges incurred. Examples of items that should not be flushed down the Premises. Landlord shall be responsible for all toilet(s) or sent down other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlorddrains, and the contractor responding to this request on behalf of Landlord determines that the item is working correctlyinclude, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but are not limited to broken windowsto, wipes, “flushable” wipes, sanitary napkins, feminine products, diapers, refuse, dental floss, grease, coffee grounds, or paper towels.

Appears in 3 contracts

Samples: Residential Lease, Residential Lease, Residential Lease

Repairs and Maintenance. Xxxxxx has inspected (a) Except with respect to Landlord Repairs (as defined below) and any other obligations of Landlord expressly set forth in this Lease, Tenant, at Tenant’s expense, shall keep and maintain the Premises and acknowledges that it is in good order and condition including promptly making all repairs necessary to keep and maintain such in good order and condition. When used in this Lease, free of defects “repairs” shall include repairs and fit for residential occupancyany reasonably necessary replacements. Tenant shall promptly notify have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or advising Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash desire to have Landlord make such repairs, in which case Tenant shall be kept 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 this Lease, Landlord may elect to make such repairs on Tenant’s behalf, at Tenant’s expense, and Tenant shall pay to Landlord such expense along with the Administrative Fee. If there is an uncured Event of Default, Landlord may elect to require that Tenant prepay the amount of such repair. All Tenant repairs shall comply with Laws and utilize materials and equipment that are at least equal in designated trash containers quality to those being repaired. In addition, Tenant shall maintain, at Tenant’s expense, Tenant’s Supplemental HVAC, Premises Hot Water Heaters, and/or Alterations in a clean and removed from safe manner and in proper operating condition throughout the Term. “Tenant’s Supplemental HVAC” means any supplemental HVAC system serving the Premises at least once each week(regardless of who installed it). Tenant obligation to maintain “Premises Hot Water Heater” means any hot water heater serving the Premises includes(regardless of who installed it), but not limited to, replacing including without limitation expansion tanks and any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filtersassociated piping. Tenant shall maintain Tenant’s Supplemental HVAC under a service contract with a firm and upon such terms as may be responsible for any clogged plumbing within the Premises. reasonably satisfactory to Landlord, including inspection and maintenance on at least a semiannual basis, and provide Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premiseswith a copy thereof. Tenant shall be responsible for any damages to the maintain Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits Hot Water Heaters under a service request or repair request contract with a firm and upon such terms as may be reasonably satisfactory to Landlord, 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 contractor responding Building and/or the Project made necessary solely by reason of the installation, maintenance, and operation of Tenant’s Supplemental HVAC, Premises Hot Water Heaters, and Alterations shall be Tenant’s expense. In the event of an emergency, such as a burst waterline or act of God, Landlord shall have the right to this request on behalf of make repairs for which Tenant is responsible hereunder (at Tenant’s cost) without giving Tenant prior notice, but in such case Landlord determines shall 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 item is working correctlyrepairs are necessary to prevent harm or damage to the Building, Xxxxxx agrees and Landlord shall take commercially reasonable steps to reimburse Landlord for minimize the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowscosts incurred.

Appears in 3 contracts

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

Repairs and Maintenance. Xxxxxx has inspected Premises 19.1 Landlord shall repair and acknowledges that it is maintain in good conditionworking condition the structural and exterior portions and Common Areas of the Building and the Project and all Building systems and utilities, free 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 the repair or maintenance activities specified in this Section 19.1 shall be included as a part of defects and fit for residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) Operating Expenses to the extent allowable under Article 8, unless such repairs or maintenance is required in whole or in part because of any act, neglect, fault or omissions of Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance. 19.2 Except for services of Landlord, if any, required by state lawSection 19.1, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant shall at Tenant’s trash shall be kept in designated trash containers sole cost and removed from expense maintain and keep the Premises at least once each weekand every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted. Tenant obligation to maintain shall, upon the expiration or sooner termination of the Term, surrender the Premises includesto Landlord in as good of a condition as when received, but not limited to, replacing any light bulbs which fail during the Lease Term ordinary wear and regularly changing HVAC tear and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premisescasualty excepted. Landlord shall be responsible for all other plumbing issues between have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and the street or the Premises and the septic tank or in any plumbing line outside provisions of the Premises which exclusively serves the Premises. Tenant Work Letter or this Lease. 19.3 Landlord shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by failure to make any repairs or to perform any maintenance that is an obligation of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 19.4 Repairs under this Article 19 that are obligations of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses, except as otherwise provided in this Article 19. 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, including but not limited to broken windowswar, terrorism, natural disaster or similar cause of damage or destruction, Article 23 shall apply in lieu of this Article 19.

Appears in 3 contracts

Samples: Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc)

Repairs and Maintenance. Xxxxxx The Institute shall repair defects, which arise from ordinary wear and tear. Without limitation, all defects caused by the acts or omissions of Licensee, Licensee’s guests or invitees, will be so charged to Licensee, including the cost of repair to or clearing of waste pipes and drains, repair to water pipes, plumbing fixtures, or overflow therefrom caused by negligent or improper usage or introducing articles or materials into the system for which the system was not intended. Licensee will also be charged for the cost of repair or replacement of damaged or missing furniture, fixtures, appliances or equipment and the re-assembly of furniture. The Institute shall not be liable for failure to make any repair unless Licensee has inspected Premises and acknowledges that it is in good condition, free given to the Institute written notice of defects and fit for residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition or the need for maintenance existing in Premises or on repair and the PropertyInstitute has had a reasonable amount of time to make the repair. Upon receipt expiration or revocation of notice from Tenantthis License Contract, Landlord shall, within a reasonable time period thereafter, repair Licensee shall return the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises Institute in the neatsame condition as received less reasonable wear and tear as determined by the Housing Office. ALTERATIONS Licensee shall not make, sanitary nor suffer to be made, any alterations to the Premises, or any part thereof, without the Institute’s prior written consent. Without limitation, “alterations” include painting, removing furniture or fixtures, installing antenna or satellite dish, placing or displaying signs, or using fastening devices. If Premises come furnished, the Institute will not remove or store furnishings provided in the Premises. PERSONAL PROPERTY Licensee assumes all risks for personal property in Institute Housing, or any facility managed by the Housing Office. The Institute does not insure Licensee’s personal property. If Licensee wishes to insure his or her personal property, he or she shall obtain and clean condition free maintain the insurance. STORAGE The Institute is not responsible for providing storage space for Licensee’s belongings. Licensee assumes all risks for personal items left in facilities. Never is the Institute responsible for such items. PETS Licensee may not maintain any pets. Pets are strictly prohibited. If Licensee is found with a pet or pets, Licensee will be assessed a fine of trash $350.00. Licensee will be given fourteen (14) calendar days from the date that notice of violation of the Pets section of the License Contract is violated to remove the pet(s) from the Premises. If Licensee fails to remove the pet(s) within the fourteen (14) day period, this License Contract will be subject to revocation and debris. All of Tenant’s trash shall Licensee and pet(s) will be kept in designated trash containers and removed from the Premises within five (5) calendar days of notice of failure to remove pet(s). Additional information can be found at xxxx://xxx.xxxxxxx.xxxxxxx.xxx/policies. CLEANING Common areas are cleaned at least once each weekdaily. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord Private rooms will not be liable cleaned by custodial staff. Rooms will only be cleaned between Licensees. Licensee may obtain a cleaning schedule from the custodial office. Licensee may request additional cleaning from Housing Maintenance for any damage during tenancy caused by vandalism, including but a fee. Non-Caltech custodial vendors may not limited to broken windowsclean student rooms.

Appears in 3 contracts

Samples: Summer Guest Housing License Contract, Summer Guest Housing License Contract, Summer Guest Housing License Contract

Repairs and Maintenance. Xxxxxx has inspected By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good sanitary order, condition and acknowledges that it is repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, free ordinary wear and tear and damage from causes beyond the reasonable control of defects the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and fit for residential occupancythe parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the exterior walls and roof of the building, the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or mission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall promptly notify give Landlord written notice of any dangerous condition required repairs or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premisesmaintenance. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by vandalismreason of any injury to or interference with Tenant's business arising from the making of any repairs, including but not limited alterations or improvements to broken windowsany portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.

Appears in 2 contracts

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

Repairs and Maintenance. Xxxxxx has inspected a) Tenant shall, throughout the Term and at Tenant’s sole cost and expense, keep and maintain the Premises in a neat and acknowledges that it is orderly condition; and, upon expiration of the Term, Tenant shall leave the Premises in good order and condition, free of defects ordinary wear and fit tear, damage by fire or other casualty alone excepted, and for residential occupancythat purpose and except as stated, Tenant will make all necessary repairs and replacements. Tenant shall promptly notify Landlord of not permit any dangerous condition waste, damage or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) injury to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall not use or permit the use of any portion of the Common Facilities for other than their intended use as reasonably specified by the Landlord from time to time. b) Landlord shall, throughout the Term, make all necessary repairs to the Common Facilities, structural elements of the Premises and other improvements located on the Property and to maintain the plumbing, air conditioning and electrical systems, windows, floors, and all other items which constitute a part of the Premises and are installed or furnished by the Landlord; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair. Landlord shall keep and maintain all Common Facilities of the Property and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt and rubbish and shall keep and maintain all landscaped areas within the Property in a neat and orderly condition. The expenses Landlord incurs in performing its obligations under this Paragraph 8(b) shall be responsible for any damages included in the Annual Operating Costs under Section 6(b) above. c) Notwithstanding the foregoing, repairs and replacements to the Premises and/or and the Property arising out of or caused by XxxxxxTenant’s abuse or neglect misuse of the Premises/Property. Any expenses incurred , by Landlord to remedy Tenant’s installation of alterations, additions, improvements, trade fixtures or equipment in or upon the Premises or by any violations negligent act of this provision Tenant or any employee, agent, contractor or invitee of Tenant shall be paid by made at Tenant’s sole cost and expense and Tenant shall pay Landlord the reasonable cost of any such repair or replacement, as Additional Rent, upon demand, but only to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines extent that the item cost of such repair or replacement is working correctly, Xxxxxx agrees not covered by insurance required hereunder to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused carried by vandalism, including but not limited to broken windowsLandlord.

Appears in 2 contracts

Samples: Office Space Lease (Icon PLC /Adr/), Office Lease (Icon PLC /Adr/)

Repairs and Maintenance. Xxxxxx has inspected Premises Tenant shall properly use and acknowledges that operate all furniture, furnishings and appliances, electrical, gas and plumbing fixtures and keep them as clean and sanitary as their condition permits. Pool/Spa/Hot tub - If applicable, tenant agrees to properly maintain any pool/hot tub/spa on or in the property or have it is in good condition, free maintained by a professional service. This does not apply to HOA/Community controlled/maintained pools/spas/hot tubs. This maintenance shall be done at the expense of defects and fit for residential occupancythe Tenant Agent. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within damage caused to the Premisesabove mentioned pool/spa/hot tub, and to adhere to any necessary instructions from a professional pool company, if given. Landlord If tenant does not properly follow maintenance instructions, and the pool/spa/hot tub or any of its equipment falls into disrepair, tenant will be liable for the costs associated with repair/ replacement. Excluding ordinary wear and tear, Tenant shall be responsible notify Agent and pay for all other plumbing issues between the Premises and the street repairs or the Premises and the septic tank replacements caused by Tenant(s) or in any plumbing line outside of the Premises which exclusively serves the PremisesTenant’s invitees’ negligence or misuse. Tenant shall not make repairs without prior written consent of Agent. Excessive damage by Tenant, Tenant’s household, or guests to the premises or unsanitary conditions deemed a health risk by Agent shall be grounds for Agent to evict Tenant. As of the date of this agreement, Owner/Agent warrant that the dwelling’s sewage drains are in good working order and that they will accept the normal household waste for which they were intended. The most common tenant caused problems are caused by grease in kitchen sink, long hair in bathroom sinks, showers and tubs and improper use of the toilets. Sewer drains will not accept things such as paper diapers, sanitary napkins, tampons, children’s toys, wads of toilet paper, paper towels, grease, table scraps, or rocks. Tenant agrees to pay the costs for clearing the drains of any and all stoppages unless caused by defective plumbing, tree roots or caused by a problem with the main sewer line, which is attested to by the plumber called in to clear the stoppage. Tenant is responsible for keeping the lawn and landscaping in the condition in which it was received, unless it is deemed not applicable on page 4 #15 of this lease. If after a call from Agent indicated that upkeep needs to improve and nothing is done, Agent has permission to have professional lawn care begin at Tenant’s expense. Tenant agrees to use care when maintaining and cleaning rental unit, including all floors, plumbing fixtures, appliances, etc. Tenants should refrain from using overly abrasive cleaning solutions or cleaning products that may cause permanent damage. Tenant acknowledges that they are responsible for any damages to the Premises and/or Property damage caused by Xxxxxx’s abuse abrasive cleaning products or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, cleaning solutions and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord said damage will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowsconsidered “normal wear and tear.

Appears in 2 contracts

Samples: Residential Lease Agreement, Residential Lease Agreement

Repairs and Maintenance. Xxxxxx has inspected a. Tenant shall, throughout the 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 acknowledges that it is orderly condition and in good compliance with the Sustainability Standards; and, upon expiration of the Term or earlier termination of this Lease, Tenant shall leave the Premises in broom clean condition, free of defects ordinary wear and fit tear, damage by fire or other casualty alone excepted, and for residential occupancythat purpose and except as otherwise agreed to in writing by Landlord and Tenant, Tenant will make all necessary repairs and replacements to the Premises to deliver it in such condition. Tenant shall promptly notify Landlord of not permit any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) waste to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible not use any portion of the Common Facilities for any damages other than their intended use as reasonably specified by Landlord from time to time. b. Landlord shall, throughout the Term, make all necessary repairs to the roof, foundation, structural elements and Building operating systems, mechanical, electrical and HVAC systems and exterior windows and doors of the Premises and other improvements located on the Property and the parking, sidewalks and walkways and the Common Facilities. All interior Premises repairs that are necessary to the Premises and/or Property caused by Xxxxxxand are not Landlord’s abuse or neglect responsibility shall be performed at Tenant’s sole, but reasonable cost and expense. Landlord shall keep and maintain all Common Facilities of the Premises/PropertyProperty and any 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. Any All repairs and maintenance shall 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 to remedy any violations of in connection with Landlord’s obligations under this provision Section 11(b) shall be paid by Tenant to Landlord as additional rent within fourteen (14) days included in Operating Expenses unless such expense is expressly excluded from the definition of Operating Expenses. On the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Commencement Date, Landlord, at landlord’s sole cost and expense, shall cause the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalismBuilding , including but not limited the roof, structure, windows, parking areas and mechanical systems, to broken windowsbe in good working condition.

Appears in 2 contracts

Samples: Sublease Agreement, Sublease Agreement (Nabriva Therapeutics AG)

Repairs and Maintenance. Xxxxxx has inspected Premises and acknowledges that it is in good condition, free of defects and fit for residential occupancy. Tenant The LESSEE shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenantrepair, Landlord shallat his/her own expense, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) damages to the extent required PREMISES which occur by state lawreason of his/her own negligence or negligence of a member of his/her family, invitees or guests, and damages occurring due to personally owned appliances and equipment, such other defects whichas washing machines, if dryers, exercise equipment, etc. LESSEE shall not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any reasonable wear, tear and damage by fire, not caused by their appliances, or storms. (a) LESSEE agrees to be responsible for all minor maintenance and repair to PREMISES to include light bulbs and changing HVAC filters every 30-45 days, refrigerator filters as needed, and Humidifier pad after each heating season. LESSEE will keep outdoor compressor unit clean and free of obstruction. LESSEE will be responsible for clogged plumbing within plumbing, drains, toilets and garbage disposal back- ups as these are the Premisesresult of LESSEE’S use. Landlord The Agent shall be responsible for all other plumbing issues between the Premises and the street major maintenance or the Premises and the septic tank or in any plumbing line outside repair of the Premises PREMISES to include repairs to kitchen appliances, air conditioning, furnace, HVAC, sump pump, garage door openers, and house wiring. The term “major maintenance and repair” shall mean any maintenance or repair or replacement which exclusively serves the Premisesexceeds $50 in cost. Tenant Agent is not responsible for any inconvenience or interruption of services due to repairs, improvements, or for any reason beyond Agent’s control. (b) LESSEE shall also be responsible for any damages maintaining the yard if lawn care is not provided and shall keep the PREMISES free of debris, rubbish, rodents, and vermin. LESSEE is responsible for pest control and keeping premises free of infestation by roaches, insects, rodents, moths and moles. Lawn will be fertilized on a regular basis and watered to maintain a green color during the Premises and/or Property caused by Xxxxxx’s abuse or neglect Summer months. LESSEE is also responsible for maintaining landscaping beds to include trimming bushes and keeping beds free of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlordweeds and debris and replenishing mulch. If Tenant submits a service request notice is given to tenant that yard needs to be mowed or repair request landscaping beds are to Landlordbe cleaned, and LESSEE has (1) week to comply. After one week, Agent will contract to have yard mowed or landscaping cleaned at LESSEE’s expense. LESSEE shall not park any automotive vehicle in the contractor responding to this request on behalf of Landlord determines that yard except in specifically designed parking area. No vehicles which are inoperative or unlicensed will be allowed in the item is working correctly, Xxxxxx agrees to reimburse Landlord designed parking areas for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowsmore than (7) days.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Repairs and Maintenance. Xxxxxx (a) Except with respect to Landlord Repairs (as defined below), Tenant, at Tenant’s expense, shall keep and maintain the Premises in good order and condition including promptly making all repairs necessary to keep and maintain such in good order and condition. When used in this Lease, “repairs” shall 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 this Lease, Landlord may elect to make such repairs on Tenant’s behalf, at Tenant’s expense, and Tenant shall pay to Landlord such expense along with the Administrative Fee. If Tenant has inspected Premises been in default under this Lease, Landlord may elect to require that Tenant prepay the amount of such repair. All repairs made by Landlord or Tenant shall utilize materials and acknowledges 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 (“Tenant’s Supplemental HVAC”) and/or any Alteration, Tenant, at Tenant’s expense, shall maintain Tenant’s Supplemental HVAC and/or Alteration in a clean and safe manner and in proper operating condition throughout the Term and, with respect to Tenant’s Supplemental HVAC, under a service contract with a firm and upon such terms as may be reasonably satisfactory to Landlord, including inspection and maintenance on at least a semiannual basis, and provide Landlord with a copy thereof. Within 5 days after Landlord’s request, Tenant shall provide Landlord with evidence that such contract is in place. All repairs to the Building and/or the Project made necessary by reason of the installation, maintenance, and operation of Tenant’s Supplemental HVAC and Alterations shall be Tenant’s expense. In the event of an emergency, such as a burst waterline or act of God, Landlord shall have 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 make all necessary repairs to: (i) the footings and foundations and the structural elements of the Building; (ii) the roof of the Building; (iii) the HVAC, plumbing, elevators (if any), electric, fire protection and fire alert systems within the Building core from the core to the point of connection for service to the Premises, but specifically excluding Tenant’s Supplemental HVAC and Alterations; (iv) the Building exterior; and (v) the Common Areas (collectively, “Landlord Repairs”). Any provision of this Lease to the contrary notwithstanding, any repairs to the Project or any portion thereof made necessary by the negligent or willful act or omission of Tenant or any employee, agent, subtenant, contractor or invitee of Tenant shall be made at Tenant’s expense, subject to the waivers set forth in Section 12(c). (c) The parties agree it is in good conditiontheir mutual best interest that the Building and Premises be operated and maintained in a manner that is environmentally responsible, free of defects fiscally prudent, and fit for residential occupancyprovides a safe and productive work environment. Accordingly, Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing use commercially reasonable efforts to conduct its operations in the Building and within the Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: to: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenableminimize to the extent reasonably feasible: (i) direct and indirect energy consumption and greenhouse gas emissions; (ii) water consumption; (iii) the amount of material entering the waste stream; and (iv) negative impacts upon the indoor air quality of the Building; and (2) permit the Building to maintain its LEED rating and an Energy Star label, to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premisesapplicable. Landlord shall be responsible for all other plumbing issues between use commercially reasonable efforts to operate and maintain the Premises and the street or the Premises and the septic tank or in any plumbing line outside Common Areas of the Premises Building to: (1) minimize to the extent reasonably feasible: (i) direct and indirect energy consumption and greenhouse gas emissions; (ii) water consumption; (iii) the amount of material entering the waste stream; and (iv) negative impacts upon the indoor air quality of the Building; and (2) permit the Building to maintain its LEED rating and an Energy Star label, to the extent applicable, the costs of which exclusively serves the Premises. Tenant shall be responsible for any damages included in Project Expenses (except to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will extent otherwise not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowspermitted).

Appears in 2 contracts

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

Repairs and Maintenance. Xxxxxx The University shall maintain the Apartment (including the electrical, plumbing, sanitary, and heating systems) in reasonable repair, except when damage has inspected Premises been caused by the misconduct or the negligent act or omission of the Leaseholder or of any Occupant or Guest. The University shall maintain the Apartment in compliance with applicable health and acknowledges that it safety laws, except when a health or safety violation has been caused by the misconduct or the negligent act or omission of the Leaseholder or of any Occupant or Guest. The University will maintain all lawns. Each Leaseholder is responsible for the removal of snow from around their individual apartment doors and on sidewalks leading to the main sidewalk. The University will remove snow from all University streets and sidewalks which run parallel to University streets. Light fixtures provided by the University will have operating light bulbs on the Lease Occupancy Date. It is the Leaseholder's responsibility to replace all burnt out light bulbs in good conditionthe Apartment with bulbs of the same type and wattage, free excluding those which are fluorescent bulbs or part of defects University-owned appliances. Routine maintenance and fit repairs will be completed during normal business hours. Emergency repairs, as determined by Facilities and/or Housing personnel, will be completed as soon as possible. The request for residential occupancymaintenance serves as authorization to enter the Apartment and complete requested work. Tenant Leaseholder shall promptly notify Landlord the University of any dangerous condition (a) malfunctioning or need for maintenance existing in Premises inoperable security, alarm or on the Property. Upon receipt of notice from Tenantdetection devices, Landlord shall(b) malfunctioning water fixtures, within a reasonable time period thereafterclogged drains, repair the following: clogged water/sewer lines, or water leaks, (1c) all defects in Premises broken or Property which create unsafe living conditions missing locks, latches, or render Premises untenable; screens, (d) electrical problems, (e) malfunctioning appliances, and (2f) any other condition that poses a hazard to property, health, or safety. The University will act with customary and reasonable diligence to make necessary repairs. The University may turn off equipment and interrupt utilities if reasonably necessary to avoid property damage or to perform work. The University's duty of maintaining the premises is not breached should any delay in performing repairs, interruption, breakdown or disrepair be due not to the extent required by state lawUniversity's negligence; but to conditions beyond its control, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includesincluding, but not limited to, replacing any light bulbs which fail during interference by Xxxxxxxxxxx with the Lease Term and regularly changing HVAC and fridge filtersUniversity's ability to take corrective action, lack of reasonable opportunity to correct such condition, disaster or other acts of nature, or the University's lack of knowledge of such conditions. Tenant shall be The Leaseholder is responsible for any clogged plumbing within the Premisespayment of all repair and cleaning charges made necessary by negligence or carelessness. Landlord shall Repair and cleaning charges will be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages billed to the Premises and/or Property caused by XxxxxxLeaseholder’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowsUniversity account.

Appears in 2 contracts

Samples: University Apartment Lease Agreement, University Apartment Lease Agreement

Repairs and Maintenance. Xxxxxx has inspected Premises 18.1 Landlord shall repair and acknowledges that it is maintain the structural and exterior portions and Common Areas of the Building and Project, including, without limitations, roofing and covering materials, foundations, walls, the plumbing, fire sprinkler system (if any), heating, ventilating, air conditioning, elevator, and electrical systems installed or furnished by Landlord (and the full cost thereof shall be included as part of Operating Expenses to the extent permitted under Section 7 hereof), except to the extent such maintenance or repairs are required in good conditionwhole or in part because of any act, free neglect, fault of defects or omissions of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the portion of the cost of such maintenance and fit repairs attributable to Tenant as set forth above. 18.2 Except for residential occupancyservices of Landlord, if any, required by Section 18.1. Tenant shall promptly notify at Tenant's sole cost and expense keep the Demised Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shall, upon the expiration or sooner termination of the term hereof, surrender the Demised Premises to Landlord in as good as condition as when received, ordinary wear and tear, casualties not caused by Tenant (subject to the provisions of any dangerous condition Section 22 below), condemnation, Hazardous Materials (other than those released or need for maintenance existing emitted by Tenant in or about the Demised Premises) and alterations with respect to which Landlord has not reserved the right to require removal excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Demised Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filterspart thereof. Tenant shall be responsible at its sole cost, for any clogged plumbing within its own janitorial services for the Demised Premises. Landlord shall be responsible for all other plumbing issues between Notwithstanding anything to the Premises and the street or the Premises and the septic tank or contrary in any plumbing line outside of the Premises which exclusively serves the Premisesthis Lease. Tenant shall be responsible for have no responsibility to perform or construct any damages repair, maintenance or improvement (i) necessitated by the acts or omissions of Landlord or any other occupant of the Project, or their respective agents, employees or contractors, (ii) occasioned by the exercise of the power of eminent domain, (iii) required as a consequence of any violation of Law or construction defect in the Demised Premises or the Project existing prior to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to LandlordTerm Commencement Date, and the contractor responding to this request on behalf (iv) for which Landlord has a right of reimbursement from others. 18.3 Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will shall not be liable for any damage during tenancy caused failure to make any repairs or to perform any maintenance which is an obligation of Landlord unless such failure shall persist for an unreasonable time (not to exceed thirty (30) days unless such repair or maintenance work normally takes longer than thirty (30) days) in which event Landlord shall have a period of time reasonably required to complete such work after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. In the event Landlord fails to make any repairs or perform any maintenance as provided in this Lease within a reasonable time after receipt written notice from Tenant, Tenant may make repairs at Tenant's expense and seek reimbursement from Landlord without any offset or deduction from Rent and Tenant shall have no other rights with respect to any such failure. Notwithstanding the above, Tenant shall not be entitled to terminate the Lease by reason of any failure of Landlord to make repairs or perform any maintenance within the time periods provided herein. 18.4 Repairs under this Article 18 which are obligations of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses, to the extent permitted under Section 7 hereof. 18.5 This Article 18 relates to repairs and maintenance arising in ordinary course of operation of the Building and any related facilities. In the event of fire, earthquake, flood, vandalism, including but war, or similar cause of damage or destruction, this Article 18 shall not limited to broken windowsbe applicable and the provisions of Article 22 entitled "Damage or Destruction" shall apply and control.

Appears in 2 contracts

Samples: Expansion Lease (Senomyx Inc), Expansion Lease (Senomyx Inc)

Repairs and Maintenance. Xxxxxx has inspected Landlord does not warrant either expressly or impliedly the condition or fitness of the Premises except as specifically set forth herein. Landlord shall maintain, repair and acknowledges that it is replace, if necessary, the structural portions of the roof and the exterior walls of the Premises, as well as all common areas of the Property and all building standard electrical, mechanical and plumbing systems servicing the Premises, as more fully set forth herein; however, the costs and expenses thereof shall be subject to recapture as an Operating Expense pursuant to Section 4(b). Notwithstanding the aforesaid, in good conditionthe event any such maintenance or repairs are caused by the negligence of Tenant or Tenant’s employees, free agents, invitees or contractors, Tenant shall reimburse to Landlord, as Additional Rent, the cost of defects all such maintenance and fit for residential occupancyrepairs within fifteen (15) days after receipt of Landlord’s statement. Tenant shall promptly have the affirmative duty to periodically inspect the Premises, and to notify Landlord of any dangerous condition or the need for maintenance existing in Premises or on any repairs which are the Propertyobligation of Landlord hereunder. Upon receipt of notice from Tenant’s notice, Landlord shall have a reasonable period of time to make such repairs or maintenance; however, it is expressly understood and agreed that Landlord shall not be liable for any property damage sustained by Tenant, Landlord shallor anyone claiming under Tenant, within a reasonable time period thereafterdue to Landlord’s inability, delay or negligence in making such repairs, and Landlord’s liability with respect to such repairs or maintenance shall be limited to the cost of such repairs or maintenance. Tenant, at Tenant’s sole cost and expense, shall clean, maintain, preserve, repair the following: (1) and replace, as necessary, all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state portions of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain which are not expressly the Premises includesresponsibility of Landlord including, but not limited to, replacing all wall coverings, floor coverings, window treatments and any light bulbs other interior finish installed by or for the benefit of Tenant; all electrical, mechanical and plumbing systems and fixtures servicing the Premises which are custom or above building standard; all signs, locks, alarms, security devices, telecommunications equipment, doors, hardware, all plate and other glass, and all of Tenant’s personal property and fixtures (including any interior finish constructed by Landlord or Tenant within the Premises). In the event Tenant should fail during to perform any maintenance or repairs required of Tenant under this Lease in a prompt and good workmanlike manner after Landlord’s written demand, Landlord shall have the right, but not the obligation, to perform such maintenance and repairs, whereupon Tenant shall pay to Landlord, as Additional Rent, all such maintenance and repair costs, plus ten percent (10%), within fifteen (15) days after receipt of Landlord’s statement. All maintenance, repair, and replacement obligations of Tenant under this Section shall be deemed improvements to the Premises and shall be performed by Tenant pursuant to and in accordance with the terms and conditions under Section 9 of this Lease. All materials utilized by Tenant in any maintenance, repairs, construction or replacements under this Lease Term shall be pre-approved by Landlord, meet minimum municipal code requirements, and regularly changing HVAC and fridge filtersbe of a quality at least as good as the quality of the materials in place within the Premises, as reasonably determined by Landlord (“Approved Materials”). AH contractors performing any construction, services or other work within the Premises for or on behalf of Tenant shall be responsible for pre-approved by Landlord (“Approved Contractors”). Landlord’s approval may include, without limitation, the use of union tradesmen and laborers; and in all events, as a prerequisite of any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. approval, Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxxprovide Landlord with certificates of insurance of all contractors in a form and content, and with such companies as Landlord may reasonably approve, naming both Landlord and Landlord’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord managing agent (if any) as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowsinsureds.

Appears in 2 contracts

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

Repairs and Maintenance. Xxxxxx has inspected The TENANT will, at Tenant’s sole cost and expense keep the Demised Premises and acknowledges that it is in good condition, free repair and Tenantable condition during the term of defects and fit for residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition this Lease (or need for maintenance existing in Premises or on during the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects whichextended Lease Term, if not corrected, will leave Premises or Property in a state any of disrepair. Except as provided above, Xxxxxx agrees the options to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during extend the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible executed). The repair and maintenance of the exterior of the Demised Premises, including without limitation, structural interior portions of the Demised Premises; including storefronts, exterior windows, heating and air conditioning systems, shall be the sole responsibility of the LANDLORD and the LANDLORD’S expense. 10.1 The TENANT will, at the termination of this Lease, by lapse of time or otherwise, surrender the Premises in good working order and shall surrender all keys for the Premises to LANLORD. TENANT shall remove all its trade fixtures, leased equipment and any clogged plumbing within alterations or improvements which LANDLORD requests to be removed before surrendering the Premises as aforesaid and shall repair any damage to the Premises caused thereby. TENANT’s obligation to observe or perform this covenant shall survive the expiration or other termination of the term of the Lease. 10.2 The TENANT agrees to enter into, at its own cost and expense, an annual contract for regularly scheduled preventative maintenance and repair, with a licensed maintenance contractor approved by the conditioning systems and equipment serving the Premises, provided, that such contract may be terminated by TENANT at the end of the Lease Term at no cost to the TENANT, or alternatively, that the LANDLORD shall agree to pay the balance of such contract as of the expiration of the Lease Term. Landlord Not later than thirty (30) days following the commencement of this Lease and annually thereafter, TENANT shall be responsible furnish to LANDLORD a copy of the air conditioning maintenance contract described above and proof that the annual premium for the maintenance has been paid. 10.3 The service contract must include all other plumbing issues between services suggested by the equipment manufacturer. The maintenance contractor shall keep a detailed record of all services performed on the Premises and prepare a yearly service report to be furnished to the street or the Premises TENANT and the septic tank or in any plumbing line outside LANDLORD at the end of the Premises which exclusively serves the Premiseseach calendar year. Tenant The LANDLORD may, but shall not be responsible for any damages required to, upon notice to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the PremisesTENANT, elect to enter into such maintenance/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request contract on behalf of Landlord determines that the item is working correctlyTENANT or perform the work itself, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalismand in either case, including but not limited to broken windowscharge TENANT therefore, together with reasonable charge of overhead.

Appears in 2 contracts

Samples: Lease Agreement (Provide Commerce Inc), Industrial Lease Addendum (Provide Commerce Inc)

Repairs and Maintenance. Xxxxxx has inspected 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and Project, including foundations, exterior walls, load bearing walls, windows, plate glass, roofing, and roofing covering materials, and plumbing, fire sprinkler system, heating, ventilating, air conditioning, elevator, and electrical systems, subject to reimbursement by Tenant as its Pro Rata Share of Operating Expenses to the extent provided by Article 7. However, if such maintenance or repairs are required solely because of any act, neglect, fault of or omissions of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord the reasonable 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 acknowledges that it is every part thereof in good conditioncondition and repair, free including plumbing, fire sprinkler, heating, ventilating, air conditioning, elevator, and electrical systems existing in the Premises as of defects the Term Commencement Date, or installed thereafter by Landlord as part of Landlord’s Improvements, or installed by Tenant with the permission of Landlord, except for damage thereto from causes beyond the reasonable control of Tenant and fit for residential occupancyordinary wear and tear. Tenant shall promptly notify upon the expiration or earlier termination of the term hereof surrender the Premises to Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neatsame condition as when received, sanitary ordinary wear and clean condition free tear and damage from causes beyond the reasonable control of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premisesexcepted. Landlord shall be responsible for all other plumbing issues between have no obligation to alter, remodel, improve, repair, decorate or paint the Premises and the street or the Premises and the septic tank or any part thereof except as provided in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windows.Section 18.1

Appears in 2 contracts

Samples: Lease (Biocept Inc), Lease (Biocept Inc)

Repairs and Maintenance. Xxxxxx has inspected Premises Grantor agrees to keep and acknowledges maintain, and to cause others to keep and maintain, the Collateral in good order, repair and condition at all times while this Agreement remains in effect. Grantor further agrees to pay when due all claims for work done on, or services rendered or material furnished in connection with the Collateral so that it no lien or encumbrance may ever attach to or be filed against the Collateral. INSPECTION OF COLLATERAL. Lender and Lender's designated representatives and agents shall have the right at all reasonable times to examine and inspect the Collateral wherever located. TAXES, ASSESSMENTS AND LIENS. Grantor will pay when due all taxes, assessments and liens upon the Collateral, its use or operation, upon this Agreement, upon any promissory note or notes evidencing the Indebtedness, or upon any of the other Related Documents. Grantor may withhold any such payment or may elect to contest any lien if Grantor is in good conditionfaith conducting an appropriate proceeding to contest the obligation to pay and so long as Lender's interest in the Collateral is not jeopardized in Lender's sole opinion. If the Collateral is subjected to a lien which is not discharged within fifteen (15) days, free Grantor shall deposit with Lender cash, a sufficient corporate surety bond or other security satisfactory to Lender in an amount adequate to provide for the discharge of defects the lien plus any interest, costs, attorneys' fees or other charges that could accrue as a result of foreclosure or sale of the Collateral. In any contest Grantor shall defend itself and fit for residential occupancyLender and shall satisfy any final adverse judgment before enforcement against the Collateral. Tenant Grantor shall promptly notify Landlord of name Lender as an additional obligee under any dangerous condition or need for maintenance existing surety bond furnished in Premises or on the Propertycontest proceedings. Upon receipt of notice from TenantGrantor further agrees to furnish Lender with evidence that such taxes, Landlord shallassessments, within a reasonable time period thereafter, repair the following: (1) all defects and governmental and other charges have been paid in Premises or Property which create unsafe living conditions or render Premises untenable; full and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepairtimely manner. Except Grantor may withhold any such payment or may elect to contest any lien if Grantor is in good faith conducting an appropriate proceeding to contest the obligation to pay and so long as provided above, Xxxxxx agrees to maintain Premises Lender's interest in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but Collateral is not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowsjeopardized.

Appears in 2 contracts

Samples: Business Loan Agreement (Advanced Life Sciences Holdings, Inc.), Business Loan Agreement (Advanced Life Sciences Holdings, Inc.)

Repairs and Maintenance. Xxxxxx has inspected Premises a. Tenant will inspect the smoke detector monthly and acknowledges that it is responsible for the malfunction of smoke detectors whether as a result of weak, defective, or inoperable batteries or otherwise. Should Tenant fail to keep a charged battery in good conditionthe smoke detector or permit the smoke detector to be damaged in any way, free of defects and fit for residential occupancyTenant will be charged the cost to repair any such damage. Tenant shall promptly notify also be responsible for the care and maintenance of the fire extinguisher. The fire extinguisher will be charged when resident moves in and must remain charged during tenancy and upon vacating. If for some reason the fire extinguisher is discharged, Tenant must make arrangements with Landlord to recharge it. The cost of any dangerous condition recharging or need for maintenance existing in Premises or on the Propertyreplacement of the extinguisher will be billed to Tenants of the unit unless it has been used to put out a fire. Upon receipt of notice from TenantAll fires, Landlord shallhowever minor, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) must be reported immediately to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Landlord. b. Tenant shall report any water leaks to Landlord immediately (i.e. running toilets, dripping faucets). If Tenant fails to report a leak, tenant will be responsible for any clogged plumbing within and all costs flowing from the Premises. Landlord shall be resulting excessive water usage and/or damage. c. Tenant agrees to continually operate dehumidifiers in the basement of the house from May 1 through October 31 and furthermore agrees to take full responsibility for any mold growth in the event they fail to do including, but limited to, covering any and all costs associated with damages and clean up arising out of mold remediation. d. Tenant is financially responsible for all other plumbing issues between the Premises fires and the street or the Premises and the septic tank or in any plumbing line outside damages caused by negligence of the Premises which exclusively serves the PremisesTenant or Tenant’s guests. It is strongly recommended that Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowsacquire renters insurance.

Appears in 2 contracts

Samples: Residential Lease, Residential Lease

Repairs and Maintenance. Xxxxxx has inspected Premises Lessor shall maintain the outside premises and acknowledges that it is keep them in good conditionrepair at his expense, free of defects including, but not limited to the exterior walks, stairways, parking lots, shrubbery, landscaping, exterior lighting, roofing and fit outside windows. Lessor shall also be responsible for residential occupancy. Tenant shall promptly notify Landlord the maintenance and repair of any dangerous condition or need for maintenance existing in Premises or on major malfunctions of the Propertymechanical, electrical, plumbing, air conditioning and heating systems and any common toilet facilities. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash Lessor shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includesInterior of the leased premises and keep them in good repair at Lessee's cost, including, but not limited to, replacing any light bulbs which fail bulbs, fixtures, skylights, doors, carpets, etc. The failure of the Lessor to make repairs shall not affect Xxxxxx's obligation to pay the rent, provided Lessor acts in a reasonable manner to make such repairs. Partial destruction of the leased premises shall not render this lease void or voidable, nor terminate it except as herein provided. If the premises are partially destroyed during the Lease Term term of this lease, Lessor shall repair them when such repairs can be made in conformity with governmental laws and regularly changing HVAC regulations, according to the following. In the event less than one (1) year is remaining on the original term of the lease, Lessor may either terminate the lease or require Lessee to sign a new lease for a new term prior to proceeding with the repairs as provided herein, at Lessor's option. Where more than one year remains on the original term of the lease, Lessor shall make the repairs as herein provided and fridge filters. Tenant the rent shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or reduced proportionately in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for accordance with the amount of space remaining available for the contractor’s invoiceoccupancy be Lessee. Landlord will Lessor shall not be liable for any damage during tenancy caused by vandalismother damages such as loss of business to Lessee. Written notice of the intention to Lessor to repair shall be given to Lessee within fifteen (15) days after any partial destruction. Lessor shall have the option to make them within a reasonable time and continue this lease in effect with proportional rental rebate to Lessee as provided for herein. If the repairs cannot be made in 120 days, including but and if Lessor does not limited elect to broken windowsmake them within thirty (30) days after the happening of the event causing the damage, either party shall have the option to terminate this lease. In the event of compete destruction to the leased premises, either party hereto may terminate the lease at his option, unless it is agreed between the parties to make the necessary repairs and continue the lease. Disputes between Lessor and Lessee relating to provisions of this section shall be arbitrated. The parties shall select an arbitrator and the two arbitrators selected shall together select a third arbitrator. The arbitrators shall determine the dispute, and their decisions shall be binding on the parties. The parties shall divide the costs of arbitration equally between them.

Appears in 2 contracts

Samples: Lease Agreement (Xsinventory), Lease Agreement (Xsinventory)

Repairs and Maintenance. Xxxxxx has inspected 7.1 Tenant shall generally maintain and repair the Leased Premises, in a good and workmanlike manner, and shall, at the expiration of the term, deliver the Leased Premises in good order and acknowledges condition, damages by fire or casualty, the elements and ordinary wear and tear excepted. Tenant covenants and agrees that it is in good conditionshall not cause or permit any waste, free damage or disfigurement to the Leased Premises, or any overloading of defects and fit for residential occupancythe floors. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) maintain and make all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) repairs to the extent required by state lawfloor surface, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary plumbing and clean condition free of trash electrical systems including all ballasts and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing fluorescent fixtures located within the Leased Premises, and the entire HVAC system. Landlord shall be responsible for repairs necessary to the roof, exterior and load-bearing walls, and electric and plumbing systems to the point where they enter the Leased Premises, unless repair is necessitated by any act of Tenant, or its agents, employees or contractors. 7.2 The Tenant shall, at its own cost and expense, pay all utility meter and service charges, including gas, water and electric servicing the Leased Premises. Landlord shall have the option to install, at its own cost, a separate water meter and invoice Tenant directly for its water usage. The Tenant agrees to maintain all leased areas at a minimum temperature of 45 degrees, excluding cold rooms on other plumbing issues between rooms specifically designed for a lower temperature, to prevent the Premises freezing of domestic water and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premisessprinkler pipes. Tenant shall be responsible for not store any damages items outside the Leased Premises, and shall deliver its garbage and recyclables to the Premises and/or Property caused by Xxxxxx’s abuse central receiving area on the lot. Tenant shall dispose of all hazardous/medical waste with an approved hauler at its own cost. 7.3 Landlord does not warrant that any services Landlord or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord public utilities supply will not be liable for interrupted. Services maybe interrupted because of accidents, repairs, alterations, improvements or any damage during tenancy caused by vandalismother reason beyond the reasonable control of Landlord, not including but not limited to broken windowsthe gross negligence of Landlord or its agents.

Appears in 2 contracts

Samples: Lease Agreement (Pharmacopeia Inc), Lease Agreement (Ligand Pharmaceuticals Inc)

Repairs and Maintenance. Xxxxxx has inspected Premises A. Landlord shall maintain the structural portions of the Building and acknowledges that it is the roof and roof membrane in good conditionworking order and repair. Landlord shall perform and construct (or shall cause to be performed or constructed), free and Tenant shall have no responsibility to perform or construct, any repair, maintenance or improvements (a) to the structural portions of defects the Premises, (b) which could be treated as a “capital expenditure” under generally accepted accounting principles, and fit (c) the Building Systems serving the Premises (including components of such systems located in the Premises) and the Building. Notwithstanding the foregoing, Tenant shall pay for residential occupancyits share of the foregoing costs to the extent such costs are properly included in Expenses, provided that the cost of any capital repairs shall be amortized over the useful life of the capital item in question. In performing any maintenance, repairs or improvements, Landlord shall minimize interference with Tenant’s business operations. Landlord shall assign to Tenant any warranties affecting any portion of the Premises for which Tenant has any repair responsibilities, B. If Tenant becomes aware of any conditions that are dangerous or in need of maintenance or repair, Tenant shall promptly notify provide Landlord with notice of any dangerous such conditions. Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises (other than with respect to any elements of the Building that are Landlord’s responsibility in Section 9.01(A) above), and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) Alterations (described in Section 9.03); (f) supplemental air conditioning units, kitchens, including hot water heaters, and similar facilities exclusively serving Tenant, whether such items are installed by Tenant or need for maintenance are currently existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenablePremises; and (2g) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”). All repairs and other work performed by Tenant or its contractors shall be subject to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state terms of disrepairSection 9.03 and 9.04 below. Except as provided above, Xxxxxx agrees If Tenant fails to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing make any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages repairs to the Premises and/or Property caused by Xxxxxx’s abuse or neglect for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and, within thirty (30) days after demand, Tenant shall pay the reasonable cost of the Premises/Property. Any expenses incurred by Landlord repairs, together with an administrative charge in an amount equal to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen five percent (145%) days of the receipt cost of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowsrepairs.

Appears in 2 contracts

Samples: Office Lease Agreement (Cloudflare, Inc.), Office Lease Agreement (Cloudflare, Inc.)

Repairs and Maintenance. Xxxxxx has inspected Premises (a) Landlord shall maintain and acknowledges that it is keep in good conditionorder and repair only the exterior portions of the building of which the Leased Premises are a part (excluding all windows, free window glass, plate glass and doors serving or allowing access solely to any leased portion of defects the building), the common areas of the building and fit for residential occupancyfixtures and equipment located therein and the parking areas and other common areas serving the building. Tenant shall promptly notify agrees to immediately give written notice to Landlord of any dangerous condition or the need for maintenance existing in Premises or on the Propertyrepairs of which Tenant has knowledge, for which Landlord may be responsible under this paragraph. Upon receipt of notice from Tenant, Landlord shall, agrees to make such repairs within a reasonable time period thereafterafter receiving such notice. Landlord shall not be liable to Tenant except as expressly provided in this Lease for any damage or inconvenience, repair and Tenant shall not be entitled to any abatement or reduction of rent by reason of any repairs made by Landlord under this Lease. In addition, Landlord shall have no responsibility for the following:maintenance of any fixtures or other improvements installed or made by or at the request of Tenant. In addition, Tenant shall be liable for the cost of any repairs required by reason of the negligence or misuse of Tenant, its agents, employees and invitees which are not covered by the fire and extended coverage insurance maintained by Landlord pursuant to this Lease. (1b) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided in Subparagraph (a) above, Xxxxxx agrees Tenant shall, at its own cost and expense, maintain the Leased Premises including doors and windows serving or allowing access solely to maintain such Leased Premises and improvements and all equipment and fixtures in or on the Leased Premises in good repair and condition, including all necessary replacements and replace all glass which is broken by Tenant with glass of comparable quality. Tenant shall not allow any damage to be committed on any portion of the neatLeased Premises, sanitary and clean at termination of this Lease, by lapse of time or otherwise, Tenant shall deliver the Leased Premises to Landlord in as good a condition free as existed at the commencement or completion date of trash this Lease, ordinary wear and debristear excepted. All The cost and expense of Tenant’s trash any repairs necessary to restore the condition of the Leased Premises shall be kept in designated trash containers borne by Tenant, and removed from if Landlord undertakes to restore the Premises at least once each weekLeased Premises, it shall have a right of reimbursement against Tenant. Should Tenant obligation neglect to keep and maintain the Leased Premises includesas required herein, then Landlord shall have the right, but not limited tothe obligation, replacing any light bulbs to have the work done and to charge the cost thereof to Tenant as additional rent, which fail during shall become payable by Tenant with the Lease Term payment of the rent next due hereunder. All materials and regularly changing HVAC and fridge filters. Tenant workmanship in such maintenance or replacement shall be responsible for any clogged plumbing within of comparable quality to the Premises. Landlord initial materials and workmanship and shall be responsible for all other plumbing issues between compatible with the Premises building and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Leased Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windows.

Appears in 2 contracts

Samples: Lease (Medgenesis Inc), Lease (Medgenesis Inc)

Repairs and Maintenance. Xxxxxx has inspected Premises and acknowledges that it is in good condition, free of defects and fit for residential occupancy. Tenant The Lessee shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on maintain the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property leased premises in a good state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary repair and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premisescosts of maintenance and repairs. Landlord shall He will, among other things, be responsible for all other plumbing issues between the Premises repair and, if necessary, replacement of the locks of the doors, windows, hinges and handles, taps, interior paint work, flooring and the street or like. All private drainage systems and pipes need to be maintained and cleaned and in such a state that no blockage is possible. He will maintain the Premises water pipes and the septic tank central heating (as far as these are private, otherwise through the maintenance contract) and, when necessary, protect them from frost. The Lessor or in any plumbing line outside manager of the Premises which exclusively serves building can close maintenance contracts for this purpose on the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect behalf of the Premises/PropertyLessee. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to LandlordAll defects, damage, and the contractor responding like are presumed to have arisen after the effective date of this request on behalf lease agreement, with the exception of Landlord determines those listed in the delivery report, and are to be borne by the Lessee. Only the hidden defects of the leased premises that impede the item use thereof and that are reported within twelve months after the signing of the contract to the Lessor shall be borne by the Lessor. It is working correctlyagreed that only major and structural repair work, Xxxxxx agrees in accordance with Section 606 Civil Code, will be borne by the Lessor, as far as they are not caused by the failure of the repairs or errors of the Lessee. The Lessee must immediately report to reimburse Landlord for the amount for Lessor by registered letter which obligations he believes the contractor’s invoiceLessor should have to fulfil. Landlord The damage or inconvenience sustained by failing to recognize this notification requirement will be borne by the Lessee. The Lessee will tolerate any repairs or renovations performed by the Lessor to fulfil his obligations regarding major repairs, as defined, and this without any right to compensation or reduction of the rental price. However, if the works result in a permanent unavailability of more than fourteen days and of at least 20% of the leased premises, then the Lessee and the Lessor will hold consultations regarding a rent reduction. The Lessee will always grant access to the Lessor or his representative to all leased premises, in order to carry out the necessary inspections and/or to be able to perform repairs, or to verify the state of the leased premises. The Lessor shall not be liable for any damage during tenancy interruption of services or utilities of the building or the consequences thereof, unless the interruption is caused by vandalismhis willful misconduct, including but not limited fraud or gross negligence. The Lessor can give notice to broken windowsthe Lessee by registered mail, demanding that he carries out the necessary repair work and to end this within thirty days after sending this letter. The Lessor has no task of supervision or control over the repairs and the like that the Lessee must perform.

Appears in 2 contracts

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

Repairs and Maintenance. Xxxxxx has inspected Premises and acknowledges that it is in good condition, free of defects and fit for residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises18.1. Landlord shall be responsible repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including roofing and covering materials; foundations; exterior walls; plumbing; fire sprinkler systems (if any); heating, ventilating, air conditioning systems; elevators; and electrical systems installed or furnished by Landlord in good condition and repair. 18.2. Except for all other plumbing issues between services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shall, upon the street expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and the septic tank or in any plumbing line outside of the Premises which exclusively serves tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises. Tenant shall be responsible for , and repair any damages damage to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoicethereby. Landlord will shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part 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. Provided Landlord uses commercially reasonable efforts to minimize interference with Tenant’s use, if any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage during tenancy caused and to support the same by vandalismproper foundations, including but not limited 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 broken windowsrepairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Subject to Section 9.1(c), costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 2 contracts

Samples: Lease (Shotspotter, Inc), Lease (Shotspotter, Inc)

Repairs and Maintenance. Xxxxxx has inspected Premises a. Tenant will inspect the smoke detector monthly and acknowledges that it is responsible for the malfunction of smoke detectors whether because of weak, defective, or inoperable batteries or otherwise. Should Tenant fail to keep a charged battery in good conditionthe smoke detector or permit the smoke detector to be damaged in any way, free of defects and fit for residential occupancyTenant will be charged the cost to repair any such damage. Tenant shall promptly notify also be responsible for the care and maintenance of the fire extinguisher. The fire extinguisher will be charged when resident moves in and must remain charged during tenancy and upon vacating. If for some reason the fire extinguisher is discharged, Tenant must make arrangements with Landlord to recharge it. The cost of any dangerous condition recharging or need for maintenance existing in Premises or on the Propertyreplacement of the extinguisher will be billed to Tenants of the unit unless it has been used to put out a fire. Upon receipt of notice from TenantAll fires, Landlord shallhowever minor, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) must be reported immediately to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Landlord. b. Tenant shall report any water leaks to Landlord immediately (i.e. running toilets, dripping faucets). If Tenant fails to report a leak, tenant will be responsible for any clogged plumbing within and all costs flowing from the Premises. Landlord shall be resulting excessive water usage and/or damage. c. Tenant agrees to continually operate dehumidifiers in the basement of the house from May 1 through October 31 and furthermore agrees to take full responsibility for any mold growth in the event they fail to do including, but limited to, covering any and all costs associated with damages and clean up arising out of mold remediation. d. Tenant is financially responsible for all other plumbing issues between the Premises fires and the street or the Premises and the septic tank or in any plumbing line outside damages caused by negligence of the Premises which exclusively serves the PremisesTenant or Tenant’s guests. It is strongly recommended that Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowsacquire renter’sinsurance.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Repairs and Maintenance. Xxxxxx has inspected Premises Lessee shall at its sole expense keep the interior of the premises in as good order and acknowledges that repair as it is in good conditionat the commencement of this Lease Agreement, free reasonable wear and tear excepted. A walk-through of defects the current Biotage space was made by representatives of Lessee and fit for residential occupancyLessor at the commencement of the first Lease and a checklist was prepared which stated the condition of all leased property. Tenant This checklist was signed by both representatives at the time of the walk-through. Repairs noted as required to be made were completed by Lessor. A walk-through shall promptly notify Landlord be made no later than thirty (30) days prior to expiration of this Lease and any repairs noted as required shall be completed by Lessee, said repairs to be completed to the reasonable satisfaction of the Lessor. If Lessee fails to complete any such repairs by the date of the termination of the Lease the cost of performing such repairs shall be deducted from Lessee's deposit. Lessee's deposit shall be released upon completion of any dangerous condition such repairs in accordance with the terms of paragraph 3, above. Lessee agrees to replace or need repair all broken or damaged glass, locks, plaster and flooring at the sole expense of Lessee and such replacement or repair shall be to the satisfaction of Lessor. Lessee agrees to use water closets and other plumbing fixtures only for maintenance existing the purpose for which they were installed and not to place sweepings, rubbish, rags, chemicals, or other items in Premises or such fixtures. Lessee agrees not to install on the Propertyproperty any heating unit or antenna of any kind without the consent of the Lessor. Upon receipt Lessee agrees to keep all doors and windows closed during rain or snow, not to keep any explosive or flammable chemicals in unprotected areas on the property, and not to affix or suspend any signs, advertisements or notices upon or from any part of notice from Tenant, Landlord shall, within the property without the written consent of the Lessor. Lessor will provide a reasonable time period thereafter, repair directory sign at the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) entrance to the extent required by state law, parking area identifying the Lessee's business. Lessee further agrees not to place an iron safe or other heavy articles (defined as being greater than 125 lbs. per square foot) on the property without the written consent of the Lessor and agrees to indemnify the Lessor for all damages resulting from the placement or moving of any such other defects which, if article. Lessee agrees not corrected, will leave Premises to use any harsh or Property in abrasive compounds or solvents on any tile floors and to use only waxes of a state water emulsion type. Notwithstanding any of disrepair. Except as provided the above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash Lessee shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within repairs resulting from the Premisesnegligence or willful acts of the Lessor or its agent. Landlord Lessor agrees to maintain and keep in good repair the heating systems, ventilation systems, air conditioning system, plumbing, sprinklers, electrical (not including lamp and other light fixture replacement), the roof, the exterior of the building, the grounds, and the parking areas except for any improvements made by the Lessee which maintenance shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside responsibility of the Premises which exclusively serves the PremisesLessee. Tenant Said maintenance and repair shall be responsible performed at Lessors own expense, except for (a) any damages to the Premises and/or Property damage exceeding reasonable wear and tear caused by Xxxxxx’s the Lessee, and (b) any damage which in the reasonable judgement of the Lessor is due to abuse or neglect improper use of the Premises/Property. Any expenses incurred systems, etc., by Landlord to remedy any violations Lessee, both of this provision which kinds of damages shall be paid for by Tenant to Landlord Lessee. Lessor shall, at its sole expense, have the sprinkler system tested annually as additional rent within fourteen (14) days of the receipt of an invoice from Landlordrequired for Lessor's insurance policy. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will Lessor shall not be liable to Lessee, its employees, agents or invitees for any damage during tenancy or injury to persons or property or for any loss or interruption of business sustained by Lessee resulting from any occurrence or condition in or upon the leased Premises, or the land, sidewalks and parking places adjacent thereto, unless said injury, damage, loss or interruption was caused by vandalismthe negligence or willful misconduct or Lessor, including but not limited to broken windowsits agents or employees.

Appears in 2 contracts

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

Repairs and Maintenance. Xxxxxx has inspected Premises and acknowledges that it is in good condition, free of defects and fit for residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises18.1. Landlord shall be responsible repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including roofing and covering materials; foundations; exterior walls; plumbing; fire sprinkler systems (if any); heating, ventilating, air conditioning systems; elevators; and electrical systems installed or furnished by Landlord. 18.2. Except for all other plumbing issues between services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shall, upon the street expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, except for (i) ordinary wear and the septic tank or in any plumbing line outside of the Premises which exclusively serves tear, and (ii) repairs required to be made by Landlord; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises. Tenant shall be responsible for , and repair any damages damage to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoicethereby. Landlord will shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than as described in Exhibit B. 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, 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 protect the Building from injury or damage during tenancy caused and to support the same by vandalismproper foundations, including but without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. Landlord shall, as an Operating Expense, contract with a third-party service provider for Building standard janitorial services to the Premises, which services shall be provided five (5) nights per week, excluding holidays recognized as such by the federal government and/or the Commonwealth of Massachusetts. Building standard janitorial services shall not limited include any additional cleaning services such as refrigerator cleaning, microwave cleaning, dish cleaning and carpet cleaning. 18.6. This Article relates to broken windowsrepairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.7. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding anything to the contrary in this Lease, in the event that Landlord provides a service or services to Tenant or the Premises that are exclusive to Tenant or the Premises (excluding janitorial costs pursuant to Section 18.5, which shall be included in Operating Expenses), then Tenant shall pay to Landlord (as Additional Rent outside of Operating; Expenses within thirty (30) days of receiving an invoice from Landlord therefor) the amount of any costs incurred by Landlord in providing such service or services plus an additional administrative charge equal to five percent (5%) of the cost of such services.

Appears in 2 contracts

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

Repairs and Maintenance. Xxxxxx has inspected Premises and acknowledges that it is in good condition, free of defects and fit for residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windows.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Repairs and Maintenance. Xxxxxx has inspected a) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior of the Leased Premises during the term of the Lease, and acknowledges further agrees that the Lessor shall be under no obligation to make any repairs or perform any maintenance to the interior of the Leased Premises unless specifically provided for herein or unless such repairs or maintenance are necessitated by the negligent acts of Lessor. The Lessee covenants and agrees that it is in good condition, free of defects and fit for residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within janitorial service and window cleaning to the PremisesLeased Premises of such frequency as may be required to maintain the interior of the Leased Premises and the interior and exterior glass in a neat and clean condition. Landlord Lessee shall be responsible for all maintenance and repair of non-structural interior walls, plate glass (including display windows), ceiling, and any trade fixtures or other plumbing issues between the Premises and the street or the Premises and the septic tank or personal property, Interior Improvements (as defined in any plumbing line outside paragraph (22) below) mechanical equipment which Lessee installs or, has as part of the Premises which exclusively serves final finish, placed in the Leased Premises. Tenant Lessee, if not in default under this Lease, may upon termination hereof remove all of Lessee's trade fixtures, personal property and equipment from the Leased Premises provided that Lessee repairs any damage caused by such removal and restores the Leased Premises to the condition existing as of the date said items were installed in the Leased Premises. Upon termination of this Lease for any reason, Lessee shall not remove any Interior Improvements, as that term is defined in paragraph (22) below. All such Interior Improvements shall remain to and for the benefit of the Lessor, and Lessor shall be deemed to own said Interior Improvements free and clear of all liens and encumbrances effective on the date this Lease terminates. Failure to remove any property which Lessee is obligated or entitled to remove upon termination hereof on or before thirty (30) days after termination of this Lease shall be conclusive evidence of abandonment of said property by Lessee and title to the same shall immediately vest in Lessor. b) Lessor agrees to be responsible for maintenance and repair of all structural components of the Property and the common areas of the Property. c) If the Lessee refuses or neglects to commence or complete repairs required of Lessee under Paragraph (7)(a) above, promptly and adequately, the Lessor may, but shall not be required to, do so and the Lessee shall pay the cost thereof to Lessor upon demand as additional rent, provided such repairs are consistent with the nature and quality of the damaged item(s). The Lessee further covenants and agrees that Lessee shall not permit material alterations of or upon any part of the Leased Premises except by and with the prior written consent of the Lessor. Any permitted alterations and additions to the Leased Premises shall be made in accordance with all applicable laws, codes and ordinances, and shall remain for the benefit of the Lessor except as otherwise provided for in this Lease or in said written consent; and the Lessee further agrees, in the event of making such alterations as herein provided, to indemnify and save harmless the Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises and/or Property caused by Xxxxxx’s abuse arising out of or neglect resulting from the undertaking or making of said alterations or additions, except to the Premises/Property. Any expenses incurred by Landlord to remedy any violations extent they result from the acts or omissions of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to LandlordLessor, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees allow no liens or other encumbrances to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowsplaced against said Leased Premises as a result thereof.

Appears in 2 contracts

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

Repairs and Maintenance. Xxxxxx has inspected Premises 9.1 The Landlord shall repair and acknowledges that it is maintain in good conditionorder and condition throughout the term of this Lease, free the exterior and structure of defects the Building, including, without limitation, the Building’s roof, walls and fit for residential occupancy. foundation. 9.2 Throughout the term of this Lease the Tenant shall promptly notify Landlord repair and maintain in good order and condition the entire interior of any dangerous condition the Building including all glass in windows, doors or need for maintenance existing in Premises skylights, all parts of the plumbing and electrical systems within or on the PropertyBuilding, and the lighting fixtures within the Building. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of at Tenant’s trash expense, shall be kept in designated trash containers purchase and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includesinstall all lamps (including, but not limited to, replacing any light bulbs incandescent and fluorescent) and ballasts used in the Building. The Tenant agrees to store all trash and garbage within the Building or in “dumpsters” or other receptacles located outside the Building but within the Leased Premises which fail during the Lease Term dumpsters and regularly changing HVAC and fridge filters. Tenant other receptacles shall be provided at Tenant’s expense. The Tenant is responsible for maintenance of all HVAC equipment within or serving the Building. This service will be scheduled by the Landlord and its cost will be included in the additional rent schedule noted above in Paragraph 6.2. 9.3 Notwithstanding the foregoing, each party hereto shall make any clogged plumbing within repairs of any kind necessitated by its own act, default or negligence, or that of its agents, servants, employees, licensees or contractors. In the Premises. event such repairs are necessitated by the act, default or negligence of Tenant, or that of its agents, servants, employees, licensees or contractors, Landlord shall be responsible may first notify Tenant of repair Landlord deems necessary for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlordmake and give Tenant reasonable time to respond. If Tenant submits fails to respond in a service request timely fashion, herein defined as two weeks, Landlord may make or repair request cause the same to Landlordbe made, but shall not be obligated to do so, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx Tenant agrees to reimburse pay the Landlord for promptly upon Landlord’s demand, as Additional Rental, the amount for full cost of such repairs, if made. In the contractor’s invoice. event Landlord will elects not be liable for any damage during tenancy to make such repairs caused by vandalismthe act, including but not limited default or negligence of Tenant, or that of its agents, servants, employees, licensees or contractors, Landlord may require Tenant to broken windowspromptly make such repairs at Tenant’s sole cost and expense.

Appears in 2 contracts

Samples: Commercial Lease (Biodel Inc), Commercial Lease (Biodel Inc)

Repairs and Maintenance. Xxxxxx has inspected Premises Lessee shall at its sole expense keep the interior of the premises in as good order and acknowledges that repair as it is in good conditionat the commencement of this Lease Agreement, free reasonable wear and tear excepted. A walk-through of defects the current Biotage space was made by representatives of Lessee and fit for residential occupancyLessor at the commencement of the first Lease and a checklist was prepared which stated the condition of all leased property. Tenant This checklist was signed by both representatives at the time of the walk-through. Repairs noted as required to be made were completed by Lessor. A walk-through of the new Biotage space will be made by representatives of Lessee and Lessor at the commencement of this Lease and a checklist prepared which states the condition of all leased property. This checklist will be signed by both representatives at the time of the walk-through. Repairs noted as required to be made will completed by Lessor. A walk-through shall promptly notify Landlord be made no later than thirty (30) days prior to expiration of this Lease and any repairs noted as required shall be completed by Lessee, said repairs to be completed to the reasonable satisfaction of the Lessor. If Lessee fails to complete any such repairs by the date of the termination of the Lease the cost of performing such repairs shall be deducted from Lessee's deposit. Lessee's deposit shall be released upon completion of any dangerous condition such repairs in accordance with the terms of paragraph 3, above. Lessee agrees to replace or need repair all broken or damaged glass, locks, plaster and flooring at the sole expense of Lessee and such replacement or repair shall be to the satisfaction of Lessor. Lessee agrees to use water closets and other plumbing fixtures only for maintenance existing the purpose for which they were installed and not to place sweepings, rubbish, rags, chemicals, or other items in Premises or such fixtures. Lessee agrees not to install on the Propertyproperty any heating unit or antenna of any kind without the consent of the Lessor. Upon receipt Lessee agrees to keep all doors and windows closed during rain or snow, not to keep any explosive or flammable chemicals in unprotected areas on the property, and not to affix or suspend any signs, advertisements or notices upon or from any part of notice from Tenant, Landlord shall, within the property without the written consent of the Lessor. Lessor will provide a reasonable time period thereafter, repair directory sign at the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) entrance to the extent required by state law, parking area identifying the Lessee's business. Lessee further agrees not to place an iron safe or other heavy articles (defined as being greater than 125 lbs. per square foot) on the property without the written consent of the Lessor and agrees to indemnify the Lessor for all damages resulting from the placement or moving of any such other defects which, if article. Lessee agrees not corrected, will leave Premises to use any harsh or Property in abrasive compounds or solvents on any tile floors and to use only waxes of a state water emulsion type. Notwithstanding any of disrepair. Except as provided the above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash Lessee shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within repairs resulting from the Premisesnegligence or willful acts of the Lessor or its agent. Landlord Lessor agrees to maintain and keep in good repair the heating systems, ventilation systems, air conditioning system, plumbing, sprinkler, electrical (not including lamp and other light fixture replacement), the roof, the exterior of the building, the grounds, and the parking areas except for any improvements made by the Lessee which maintenance shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside responsibility of the Premises which exclusively serves the PremisesLessee. Tenant Said maintenance and repair shall be responsible performed at Lessor's own expense, except for (a) any damages to the Premises and/or Property damage exceeding reasonable wear and tear caused by Xxxxxx’s the Lessee, and (b) any damage which in the reasonable judgement of the Lessor is due to abuse or neglect improper use of the Premises/Property. Any expenses incurred systems, etc., by Landlord to remedy any violations Lessee, both of this provision which kinds of damages shall be paid for by Tenant to Landlord Lessee. Lessor shall, at its sole expense, have the sprinkler system tested annually as additional rent within fourteen (14) days of the receipt of an invoice from Landlordrequired for Lessor's insurance policy. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will Lessor shall not be liable to Lessee, its employees, agents or invitees for any damage during tenancy or injury to persons or property or for any loss or interruption of business sustained by Lessee resulting from any occurrence or condition in or upon the leased Premises, or the land, sidewalks and parking places adjacent thereto, unless said injury, damage, loss or interruption was caused by vandalismthe negligence or willful misconduct of Lessor, including but not limited to broken windowsits agents or employees.

Appears in 2 contracts

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

Repairs and Maintenance. Xxxxxx has inspected Tenant shall, at all times during the Term of this Lease and at Tenant’s sole cost and expense, maintain and repair the Premises and acknowledges that it is every part thereof and all equipment, fixtures and improvements therein (including the roof, windows, glass, plate glass, doors, special fronts, entries, the interior surfaces of exterior walls, interior walls, floors, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing fixtures and equipment, electrical components and mechanical systems, and replacements thereof) and keep all of the foregoing clean and in good order and operating condition, free of defects ordinary wear and fit for residential occupancytear excepted. Tenant shall promptly notify Landlord keep the entire Premises sufficiently heated to avoid the bursting of any dangerous condition pipes or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) other damage to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for not damage the Premises or disturb the integrity and support provided by any damages wall. Tenant shall, at Tenant’s expense, promptly repair any damage to the Premises and/or Property caused by Tenant or any agent, officer, employee, contractor, licensee or invitee of Tenant. Tenant shall take good care of the Premises and keep the Premises free from dirt, rubbish, waste and debris at all times. Tenant shall not overload the floors in the Premises or exceed the load-bearing capacity of the floors in the Premises. Tenant shall, at Tenant’s expense, enter into a regularly scheduled preventative maintenance and service contract with a maintenance contractor approved in writing by Landlord (such approval not to be unreasonably withheld, conditioned or delayed) for servicing all hot water, heating and air conditioning systems and equipment in the Premises. The maintenance and service contract shall include all services suggested by the equipment manufacturer and shall become effective (and Tenant shall deliver a copy to Landlord) within thirty (30) days after the Delivery Date. Tenant and Tenant’s maintenance contractor shall at all times conduct maintenance on the HVAC equipment at the Premises in accordance with all Federal, state or local laws. In the event of a replacement of a part or portion of the HVAC equipment which is warranted by the manufacturer and/or guaranteed by the installer, Tenant shall provide the Landlord with a duplicate original of the warranty and/or guarantee. Tenant shall, at the end of the Term of this Lease, surrender to Landlord the Premises and all alterations, additions, fixtures and improvements therein or thereto in the same condition as when received, ordinary wear and tear excepted and Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowspersonal property excepted.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Repairs and Maintenance. Xxxxxx has inspected a. Tenant shall, throughout the 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 acknowledges that it is orderly condition and in good compliance with the Sustainability Standards; and, upon expiration of the Term or earlier termination of this Lease, Tenant shall leave the Premises in broom clean condition, free of defects ordinary wear and fit tear, damage by fire or other casualty alone excepted, and for residential occupancythat purpose and except as stated in this sentence, Tenant will make all necessary non-structural repairs and replacements to the Premises to deliver it in such condition. Tenant shall promptly notify Landlord of not permit any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenantwaste, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible not use any portion of the Common Facilities for other than their intended use as reasonably specified by Landlord from time to time. b. Landlord shall, throughout the Term, make all necessary repairs to the roof, foundation, structural elements and Building operating systems, mechanical, electrical and HV AC systems and exterior windows and doors of the Premises and other improvements located on the Property and the parking, sidewalks and walkways and the Common Facilities; provided, however, that Landlord shall have no responsibility to make any damages repairs in the Premises unless and until Landlord receives written notice of the need for such repair. All interior Premises repairs that are necessary to the Premises and/or Property caused by Xxxxxxand are not Landlord’s abuse or neglect responsibility shall be performed at Tenant’s sole cost and expense. Landlord shall keep and maintain all Common Facilities of the Premises/PropertyProperty and any 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. Any All repairs and maintenance shall be done in a first class manner in keeping with comparable first class buildings in the locale of the Building. All reasonable costs and expenses incurred by Landlord in connection with Landlord’s obligations under this Section 11 (b) shall be included in Operating Expenses unless such expense is expressly excluded from the definition of Operating Expenses. c. Except as provided in Sections 11(a) and 11(b), nothing contained herein shall obligate Tenant to remedy make any violations structural repairs or modifications to the Premises, or repairs or modifications to any portions within the Premises of the Building’s HVAC, fire safety (including without limitation, sprinklers), electrical, plumbing or other utility or mechanical systems, which shall be repaired and maintained by Landlord in as good order and condition as existed on the Commencement Date, unless such repairs or modifications shall (i) be due to the negligence or willful misconduct of Tenant or any agent, employee, or contractor of Tenant or (ii) as a result of any laws applicable to Tenant’s specific and particular manner of use of the Premises (as opposed to laws applicable to the Premises, the Building or business offices generally), in which event Landlord shall make such repair or modification (to the extent Landlord is obligated under the express terms of this provision shall Lease) with the Landlord’s actual out-of-pocket costs thereof to be paid reimbursed by Tenant to Landlord as additional rent Additional Rent within fourteen thirty (1430) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowssuch work.

Appears in 2 contracts

Samples: Office Space Lease (Nabriva Therapeutics AG), Office Space Lease (Nabriva Therapeutics AG)

Repairs and Maintenance. Xxxxxx has inspected Premises and acknowledges that it is in good condition, free of defects and fit for residential occupancy. Tenant (A) LANDLORD shall promptly notify Landlord of not have any dangerous condition obligation to make any repairs or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) alterations to the extent required by state lawPREMISES or any part thereof, such other defects whichexcept as otherwise expressly provided in this Lease. Throughout the TERM and any EXTENSION PERIODS, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx TENANT covenants and agrees to maintain Premises the PREMISES and all additions and improvements made upon them in such repair, order and condition as the neatsame are in at the commencement of said term or may be put in by LANDLORD or TENANT during the continuance thereof, sanitary reasonable wear and clean condition free tear, damage by fire or any other casualty, taking by eminent domain, and items which LANDLORD is expressly obligated to repair only excepted. Without limiting the generality of trash the foregoing, TENANT's responsibilities shall include providing regular maintenance and debrisrepairs to all heating, air conditioning, hot water and other equipment serving the PREMISES as well as providing janitorial and cleaning services and repairing any damage to the PREMISES not caused due to the negligence, fault or misconduct of LANDLORD. All TENANT shall not permit or commit any waste. If repairs are required to be made by TENANT pursuant to the terms hereof, LANDLORD may demand that TENANT make the same forthwith, and if TENANT refuses or neglects to commence such repairs within 30 days after written notice and to complete the same within reasonable dispatch after such demand, LANDLORD may (but shall not be required to) make or cause such repairs to be made. If LANDLORD makes or causes such repairs to be made, TENANT agrees that TENANT shall forthwith, within 30 days of Tenant’s trash written demand, which demand shall include invoices or other reasonable evidence of such sums expended by LANDLORD, pay to LANDLORD the cost thereof, and if TENANT shall default in such payment, LANDLORD shall have the remedies provided for the nonpayment or rent or other charges hereunder. (B) LANDLORD covenants and agrees that LANDLORD will (i) provide the services and perform the maintenance obligations identified on Exhibit D hereto (for CAM reimbursement) and (ii) make all necessary repairs and replacements to the structure of said building, and the roof (however, Tenant shall be kept in designated trash containers responsible for any and removed from all damage caused by or as a result of work performed on or about the Premises at least once each week. Tenant obligation to maintain roof by or on behalf of the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filtersTenant. Tenant shall be responsible for any clogged plumbing within Tenant's failure to maintain the Premises. Landlord same.) TENANT shall be responsible to make and pay for all other plumbing issues between the Premises repairs and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowsreplacements.

Appears in 2 contracts

Samples: Commercial Building Lease (Acusphere Inc), Commercial Building Lease (Acusphere Inc)

Repairs and Maintenance. Xxxxxx has inspected (a) The Landlord agrees that the Leased Premises shall be delivered to the Tenant at the beginning of the term in clean and first class condition and completed in accordance with the Tenant's Work Letter. (b) The Tenant shall take good care of the Leased Premises and acknowledges that it is in good conditionany and all fixtures therein, free of defects and fit for residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within injury, damage, or breakage done by the Tenant or the Tenant's agents and servants and at the end of the term or earlier termination of the Lease shall quit and surrender said premises in as good condition as reasonable use thereof will permit. (c) The Tenant shall make no alterations, changes, additions or improvements in the Leased Premises without the written consent of the Landlord, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Tenant shall have no right to make any alterations, changes, additions or improvements to the electrical and Heating, Ventilating and Air Conditioning systems in the Leased Premises. Landlord Any such required alterations, changes, additions or improvements to the electrical or HVAC systems shall be responsible for all other plumbing issues between made exclusively by Landlord's contractors based on plans and specifications prepared by Tenant and approved by Landlord's engineers at Tenants' cost and expense. (d) All alterations, additions and improvements made by either party upon the Leased Premises and shall become the street or the Premises and the septic tank or in any plumbing line outside property of the Landlord and shall remain upon and be surrendered with the Leased Premises which exclusively serves as part thereof, at the Premisesexpiration or termination of the Lease; except that at such expiration or termination, Tenant shall have the right to remove and retain as Tenant's own property any additions or improvements made by the Tenant or at Tenant's sole expense, except for carpeting, provided that Tenant shall repair any damage caused by such removal and shall restore the Leased Premises to the same or as good condition as existed immediately before such additions or improvements were made. Tenant shall be responsible for shall, if requested by Landlord, remove any damages such interior changes, alterations, additions and improvements at the expiration of the term herein provided and restore the Leased Premises to the Premises and/or Property caused by Xxxxxx’s abuse or neglect condition they were in at the beginning of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteenterm. (14e) days Tenant shall, before making any alterations, additions, installations, or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of the receipt final approval thereof and shall deliver promptly duplicates of an invoice from Landlord. If Tenant submits a service request or repair request all such permits, approvals and certificates to Landlord, and Tenant agrees to carry and will cause Tenant's contractors and sub- contractors to carry such Workmen's Compensation, general liability, personal and property damage insurance as Landlord may require. Tenant agrees that any alterations, additions or installations shall be undertaken exclusively by contractors whose employees are members of appropriate unions. Tenant agrees to obtain and deliver to Landlord written and unconditional waivers of mechanic's liens upon the contractor responding real property in which the Leased Premises are located, for all work, labor and services to be performed and materials to be furnished in connection with such work, signed by all contractors, subcontractors, materialmen and laborers to become involved in such work. Notwithstanding the foregoing, if any mechanic's lien is filed against the Leased Premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this request on behalf of Landlord determines that Paragraph the item is working correctlysame shall be discharged by Tenant within ten (10) days thereafter, Xxxxxx agrees at Tenant's expense by filing the bond required by law, or in such other manner satisfactory to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowsLandlord.

Appears in 2 contracts

Samples: Lease Renewal Agreement (Boron Lepore & Associates Inc), Lease Renewal Agreement (Boron Lepore & Associates Inc)

Repairs and Maintenance. Xxxxxx has inspected 7.1 Tenant shall generally monitor, maintain and repair the Leased Premises, in a good and workmanlike manner, and shall, at the expiration of the term, deliver the Leased Premises in good order and acknowledges condition, damages by fire or casualty, the elements and ordinary wear and tear excepted. Tenant covenants and agrees that it shall not cause or permit any waste, damage or disfigurement to the Leased Premises, or any overloading of the floors. Landlord represents that the live load floor capacity is as set forth in good condition, free of defects and fit for residential occupancyExhibit A attached hereto. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenantmonitor, Landlord shall, within a reasonable time period thereafter, repair the following: (1) maintain and make all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) repairs to the extent required by state lawfloor coverings, such other defects whichplumbing, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in electrical and HVAC systems that serve the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Leased Premises. Tenant shall be responsible for replacement of all ballasts and fluorescent fixtures located within the Leased Premises. All building systems and components shall have a Landlord’s warranty of one year. Landlord, at its expense, shall be responsible for the roof, exterior facade and soffits, parking lot, footings, foundations, floors and structural steel and any damages other structural components, and electric and plumbing systems to the Premises and/or Property caused point where they enter the Leased Premises, provided, however, that Landlord shall not be required to make, and Tenant shall be responsible for, any repairs occasioned by Xxxxxxthe acts or omissions of Tenant, its agents, employees, contractors or subcontractors. Tenant shall promptly report in writing to Landlord any defective condition which Landlord is required to repair, and Landlord’s abuse or neglect obligation to repair is conditioned upon receipt by Landlord of such written notice. Landlord’s obligation to repair is also conditioned, at Landlord’s option, upon Tenant not then being in default under this Lease after notice and expiration of the applicable cure period. Except as listed above, Landlord shall have no other maintenance or repair obligations whatsoever with respect to the Leased Premises/Property. Any expenses incurred Except for the foregoing, Tenant shall keep and maintain in good order, condition and repair (but with no obligation to maintain in better condition than existing on the Commencement Date), reasonable wear and tear excepted, the Leased Premises and every part thereof, including, without limitation, the interior surfaces of the exterior walls, interior doors, door frames, door checks, windows and window frames, all wall and floor coverings, all building systems and components thereof which exclusively service the Leased Premises (including, without limitation, HVAC, mechanical, plumbing, electrical, all lighting fixtures and all bathrooms within the Leased Premises, and alterations, additions or improvements (“Alterations”) made by or on behalf of Tenant and shall make all other interior non-structural repairs, replacements, renewals and restorations, ordinary and extraordinary, foreseen and unforeseen, required to be made in and to the Leased Premises. Tenant shall obtain and keep in force an annual service contract on the HVAC system serving the Leased Premises, which contract shall provide for a minimum of quarterly maintenance, and Tenant shall deliver copies thereof to Landlord upon the Commencement Date and annually thereafter. The term “repair” as used in this Section shall include replacements when necessary. Tenant agrees to remedy any violations maintain the Leased Premises at a minimum temperature of this provision 45 degrees to prevent the freezing of domestic water and sprinkler pipes and (with respect to the office area of the Leased Premises only) no higher than 78 degrees to prevent humidity, mold and mildew. In the event Tenant vacates the Leased Premises, Tenant shall be paid by Tenant required to (i) continuously operate the HVAC system to maintain the temperatures set forth in the previous sentence, and (ii) have an employee monitor the HVAC system and inspect the Leased Premises at least once per day and report any defective conditions to Landlord promptly, and confirm to Landlord at least once per month that such inspections have taken place. In the event any capital replacement of any mechanical equipment (HVAC, air compressors, vacuum pumps, etc.), becomes necessary during the Lease Term not due to the negligence of Tenant, its agents, employees, contractors or subcontractors, and the cost of such equipment is in excess of $20,000.00 individually in any calendar year, Tenant shall give Landlord notice thereof and Landlord shall make such replacement. The cost of the replacement shall be apportioned monthly on a straight line basis over the useful life thereof with 8% annual interest. Tenant shall pay Landlord the monthly apportioned cost for the number of months remaining in the Lease Term as additional rent within fourteen follows: (14i) any amount due up to and including $50,000 upon installation of the equipment (but no earlier than ten (10) days of the from Tenants receipt of an invoice from Landlord) and (ii) any amount in excess of $50,000 paid in twelve consecutive monthly installments (including the 8% interest) commencing in the month following the month in which the amount in clause (i) is paid. If In the event the Lease Term is extended either pursuant to a renewal option contained herein, or otherwise, Tenant submits shall pay Landlord the then remaining apportioned cost for the months in the renewal term, in twelve consecutive monthly installments (including the 8% interest) beginning the first month of the applicable renewal term. 7.2 The Tenant shall, at its own cost and expense, pay all utility meter and service charges, including telephone, cable service, gas and electric servicing the Leased Premises. Landlord shall have the option to install, at its own cost, a service request or repair request to Landlordseparate water meter and invoice Tenant directly for its water/sewer usage. Tenant shall not store any items outside the Leased Premises (except as set forth herein), and shall deliver its garbage and recyclables to the contractor responding to this request central receiving area on behalf the lot. Tenant shall dispose of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoiceall hazardous/medical waste with an approved hauler at its own cost. Landlord does not warrant that any services Landlord or any public utilities supply will not be liable for interrupted. Services may be interrupted because of accidents, repairs, alterations, improvements or any damage during tenancy caused by vandalism, including but other reason beyond the reasonable control of Landlord and Landlord shall not limited be subject to broken windowsliability as a result thereof. Landlord shall use reasonable business efforts to prevent interruptions that are within Landlord’s control from unreasonably interfering with Tenant’s use of the Premises.

Appears in 1 contract

Samples: Lease Agreement (Amicus Therapeutics Inc)

Repairs and Maintenance. Xxxxxx has inspected Tenant accepts the Leased Premises and acknowledges that it is in good conditionits ----------------------- condition as of the date of this Lease, free of defects and fit for residential occupancywithout any express or implied representation or warranty, except as specified in this Lease. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shallat its sole expense, within a reasonable time period thereaftereither (i) shall perform any repairs, repair the following: (1) all defects in Premises replacements or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation maintenance necessary to maintain the Leased Premises includesin good condition and working order and in compliance with all applicable laws or (ii) shall remove the Pump House from the Leased Premises. Tenant's right to remove the Pump House and the Pumping Equipment shall be subject to the Reciprocal Easement Agreement (as hereinafter defined), but, if Tenant removes the Pump House, Tenant shall, at Landlord's request, remove all of the Pumping Equipment, including any Pumping Equipment located underground. Tenant, at its sole expense, shall restore the surface of Lot 5 to its original condition after performing any such repairs, replacements or maintenance or any such removal, and Tenant shall securely cap or close off all abandoned or inactive Pumping Equipment that Landlord permits to remain on Lot 5. If Tenant fails to perform any repairs, replacements, maintenance or removal which Tenant is required to perform under this Section 5, and if such failure continues for more than 30 days after Tenant receives written notice of such failure, then Landlord shall have the right, but not limited tothe obligation, replacing to enter the Leased Premises and perform any light bulbs which fail during the Lease Term such repairs, replacements, maintenance or removal at Tenant's expense, and regularly changing HVAC and fridge filters. Tenant shall be responsible reimburse Landlord for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises costs and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations in connection with performing such repairs, replacements, maintenance or removal, within ten days after receiving a written invoice stating the amount of this provision such costs and expenses; provided, however, Landlord shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of not remove the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to LandlordPump House without Tenant's prior written consent, and Landlord shall not remove the contractor responding to this request on behalf of Landlord determines that Pumping Equipment without Tenant's prior written consent unless Tenant has previously removed the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowsPump House.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Sycamore Networks Inc)

Repairs and Maintenance. Xxxxxx has inspected By taking possession of the Premises, the Sublessee shall be deemed to have accepted the Premises as being in good sanitary order, condition and repair. The Sublessee shall at the Sublessee's cost, keep the Premises and acknowledges that every part of it is in good condition and repair except for damages beyond the control of the Sublessee. The Sublessee shall upon the expiration or sooner termination of this lease surrender the Premises to the Sublessor in good condition, free ordinary wear and tear and damage from causes beyond the reasonable control of defects and fit for residential occupancythe Sublessee excepted. Tenant Unless specifically provided in an addendum to this lease, the Sublessor shall promptly notify Landlord of any dangerous condition have no obligation to alter, remodel, improve, repair, decorate or need for maintenance existing in paint the Premises or on any part of it and the Property. Upon receipt of notice from Tenantparties here, Landlord shall, within a reasonable time period thereafter, repair affirm that the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) Sublessor has made no representations to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state Sublessee respecting the condition of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street building except as specifically stated in this Agreement. The Sublessee shall not be liable or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages repairs to the Premises and/or Property caused by Xxxxxx’s abuse or neglect plumbing, the exterior structure of the Premises/Propertybuilding, or the HVAC systems. Any expenses incurred by Landlord to remedy The Sublessee shall give the Sublessor written notice of any violations of this provision required repairs or maintenance. The Sublessor shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling or heating equipment required for the Sublessee's special needs are the responsibility of the Sublessee. Except as specifically stated in this Agreement, there shall be no abatement of rent and no liability of the Sublessor by vandalismreason of any injury to or interference with the Sublessee's business arising from making of any repairs, including but not limited alterations or improvements to broken windowsany portion of the building or the Premises or to fixtures, appurtenances and equipment. The Sublessee waives the right to make repairs at the Sublessor's expense under any law, statute or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Sublease Agreement (Cintel Corp)

Repairs and Maintenance. Xxxxxx has inspected Premises and acknowledges that it is in good condition, free of defects and fit for residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises Premises. Landlord’s maintenance procedures (“Maintenance Exhibit”) is available at xxxxx://xxx.xxxxxxxxxxxxxx.xxx/files/Exhibit%20A%20- %20Maintenance%20Exhibit.pdf , Tenant acknowledges that Landlord may change or on update the PropertyMaintenance Exhibit from time to time. In the event of any conflict between the Maintenance Exhibit and the terms of this Lease, the terms of the Maintenance Exhibit shall prevail. The Maintenance Exhibit is incorporated into the provisions of this Lease by reference thereof. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period period, thereafter, repair the following: : (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary sanitary, and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx and Xxxxxx’s invitees, licensees, and guests’ abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent Additional Rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windows.

Appears in 1 contract

Samples: Residential Lease Agreement

Repairs and Maintenance. Xxxxxx has inspected Premises Tenant shall keep and acknowledges that it is maintain the interior of the Premises, including all plumbing, wiring, piping, fixtures, doors, and mechanical equipment (HVAC, etc.) in good conditionand substantial repair during the term of this Lease, free or any extension thereof, and shall replace all glass in windows and doors damaged or broken during the term of defects the Lease; such agreements of Tenant, however, shall not apply to any damage caused by fire or other casualties which are covered by standard fire and fit for residential occupancyextended coverage insurance. Tenant agrees to make such repairs promptly as they shall be needed and at its own-expense. Landlord shall have no obligations to make repairs to premises, other than roof and structural repairs. Tenant shall promptly notify Landlord of any dangerous condition or need for perform ordinary repairs and maintenance existing in Premises or on the Property. Upon receipt interior of notice from the Premises, including all plumbing, wiring, piping, fixtures, doors, and mechanical equipment (HVAC, etc.) in good and substantial repair during the term of this Lease, or any extension thereof, and shall replace all glass in windows and doors damaged or broken during the term of the Lease; such agreements of Tenant, Landlord shallhowever, within a reasonable time period thereafter, repair the following: (1) all defects in Premises shall not apply to any damage caused by fire or Property other casualties which create unsafe living conditions or render Premises untenable; are covered by standard fire and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepairextended coverage insurance. Except as provided above, Xxxxxx Tenant agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash make such repairs promptly as they shall be kept in designated trash containers needed and removed from the Premises at least once each weekits own expense. Tenant obligation Landlord shall have no obligations to maintain the Premises includesmake repairs to premises, but not limited to, replacing any light bulbs which fail during the Lease Term other than roof and regularly changing HVAC and fridge filtersstructural repairs. Tenant shall at their own cost and expense, agree to enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord, for servicing all heating and air conditioning systems and equipment servicing the Premises and an executed copy of such contract shall be responsible for any clogged plumbing delivered to Landlord. This service contract must include all services suggested by the equipment manufacturer within the operations/maintenance manual and must become effective within thirty (30) days of the date you take possession of the Premises. Landlord may (but shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable required to), upon notice to Tenant, elect to enter into such a maintenance service contract on your behalf or perform the work itself and, in either case, charge you therefore, together with a reasonable charge for any damage during tenancy caused by vandalismoverhead, including but provided in no event shall charges shall not limited to broken windowsbe greater than customary charges for similar services in the area.

Appears in 1 contract

Samples: Commercial Lease

Repairs and Maintenance. Xxxxxx has inspected 8.1. Unless otherwise expressly provided herein, Lessor shall not be required to make any improvements, replacements or repairs of any kind or character on the Leased Premises during the term of this Lease, except such repairs as are set forth in this Section 8. Lessor shall maintain only the roof, foundation, parking area, landscaped areas, and acknowledges that it is structural soundness of the exterior walls (excluding all windows, window glass, plate glass, and all doors) of the Building in good repair and condition except for reasonable wear and tear. 8.2. Lessee shall, at its own risk and expense, maintain all other parts of the Building and other improvements on the Leased Premises in good repair and condition, free of defects and fit for residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includesincluding, but not limited to, replacing down spouts, dock bumpers and regular removal of debris. Lessee shall take good care of all the property and its fixtures. Lessee shall, at its own cost and expense, repair or replace any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for damage or injury to all or any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside part of the Leased Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse Lessee or neglect of the Premises/PropertyLessee's agents, employees, invitees or licensees. 8.3. Any expenses incurred by Landlord to remedy any violations of this provision Lessor shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable to Lessee, except as expressly provided in this Lease, for any damage during tenancy caused or inconvenience, and Lessee shall not be entitled to any abatement or reduction of rent by vandalismreason of any repairs, including but alterations or additions made by Lessor under this Lease, except if Lessee is deprived of the use of the Leased Premises for more than thirty (30) consecutive days. 8.4. Lessee shall not limited allow any waste or damage to broken windowsbe committed on any portion of the Leased Premises, and at the termination of this Lease, by lapse of time or otherwise, Lessee shall deliver the Leased Premises to Lessor in as good condition as existed at the Commencement Date or Completion Date of this lease, ordinary wear and tear, natural deterioration beyond the control of Lessee, damage by fire, tornado, or other casualty excepted. The cost and expense of any repairs necessary to restore the condition of the Leased Premises shall be borne by Lessee, and if Lessor undertakes to restore the Leased Premises, it shall have a right of reimbursement against Lessee, ordinary wear and tear excepted.

Appears in 1 contract

Samples: Lease Agreement (Ivg Corp)

Repairs and Maintenance. Xxxxxx has inspected Premises Tenant, at Tenant's sole cost and acknowledges that it is expense, shall keep, maintain, repair and replace all structural portions of the Improvements and the Premises, including, without limitation, all floors, subfloors and floor coverings, walls and wall coverings, roof and roof materials, mechanical, electrical, and plumbing systems, elevators, doors, windows, glass, plate glass, ceilings, lighting systems, parking lots, driveways, parking areas, loading dock areas and doors, fences, landscaping and any signage in a clean and safe condition, in good conditionorder, free of defects condition and fit for residential occupancyrepair. Tenant shall promptly notify enter into regularly scheduled preventive maintenance/service contracts with maintenance contractors reasonably acceptable to Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) servicing all defects in Premises or Property which create unsafe living conditions or render Premises untenable; hot water and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises heating and air conditioning systems and equipment in the neatPremises. Tenant's repair and maintenance obligations shall include, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall but not be kept in designated trash containers and removed from limited to, the Premises at least once each week. Tenant obligation to maintain and repair the Premises includesparking area which is a part of the Premises, which shall include, but not be limited to, replacing any light bulbs which fail slurrycoating the parking area as needed, and the parking area and driveway sweeping and repaving. There shall be no abatement of Rent during the Lease Term performance of such repair or replacement work. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises or the Improvements, or for any damage that may result from interruption of Tenant's use of the Premises during any repairs. In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Improvements or the Premises in good order, condition and regularly changing HVAC repair, which failure continues at the end of ten (10) days following Tenant's receipt of written notice from Landlord stating with particularity the nature of the failure, Landlord shall have the right to perform such maintenance, repairs or refurbishing at Tenant's expense; provided, however, if the nature of the maintenance or repair is such that it cannot, with the exercise of reasonable diligence, be completed within ten (10) days of Tenant's receipt of Landlord's notice, Landlord shall not undertake such maintenance or repairs at Tenant's expense provided Tenant commences such maintenance or repairs within said 10 day period and fridge filtersthereafter diligently and continuously prosecutes the same to completion and provided further, however, that in the event of an emergency condition, Landlord shall have the right to make such repairs on behalf of Tenant after giving Tenant such notice, if any, as is reasonable under the circumstances. Tenant shall be responsible for maintain written records of maintenance and repairs, as required by any clogged plumbing within the Premises. Landlord applicable law, ordinance or regulation and shall be responsible for all other plumbing issues between the Premises use certified technicians to perform such maintenance and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premisesrepairs, as so required. Tenant shall be responsible for waives any damages right to repair at the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf expense of Landlord determines that the item is working correctlyunder any applicable governmental laws, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalismordinances, including but not limited to broken windowsstatutes, orders or regulations now or hereafter in effect which might otherwise apply.

Appears in 1 contract

Samples: Lease (Infonet Services Corp)

Repairs and Maintenance. Xxxxxx has inspected 18.1 Landlord shall, at its own cost and expense, and without any cost or expense to Tenant, promptly (i) repair any defects in the design, materials or construction of the Project Work pursuant to the extent of its warranties set forth in Section 14.3, and (ii) make any necessary improvements to the Premises to comply with requirements of applicable covenants and restrictions, underwriter requirements, or laws applicable to the Premises as of the Term Commencement Date. 18.2 Landlord shall, throughout the term of this Lease, subject to reimbursement from Tenant as Operating Expenses to the extent set forth in Article 7, keep and maintain in good, sanitary and neat order, condition, and repair, the Premises and acknowledges every part thereof other than Tenant's property which is removable by Tenant at the termination of the Lease pursuant to Section 30.3 ("Tenant's Removable Property") (subject to wear and tear consistent with commercially reasonable maintenance and repair standards applicable to comparable buildings), and any portion of Tenant's Removable Property as Tenant may from time to time request. Without in any way limiting the foregoing, Landlord shall maintain the lines designating the parking spaces in good condition and paint the same as often as may be necessary, so that they are easily discernible at all times; resurface the parking areas as necessary to maintain it is 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. The parties hereto contemplate that Landlord's maintenance responsibilities will for the most part be fulfilled through the use of third-party service contracts, free of defects including service contracts for elevator maintenance, HVAC maintenance, commercial sweeping, landscape maintenance, pest control, exterior trash removal, exterior window washing, and fit for residential occupancycertain fire, life and safety servicing. Tenant shall promptly notify reserves the right to require Landlord of to change service providers from time to time if Tenant is dissatisfied with cost or performance, and Tenant reserves the right to assume any dangerous condition or need for maintenance existing such duties itself. 18.3 Except as otherwise set forth in Premises or on the Property. Upon receipt of notice from TenantSection 18.2, Landlord Tenant shall, within a reasonable time period thereafterthroughout the term of this Lease, repair at its own cost and expense and without any cost or expense to Landlord, keep and maintain that portion of the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Tenant Improvements constituting Tenant's Removable Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neatgood, sanitary and clean condition free of trash neat order, condition, and debris. All of Tenant’s trash repair (subject to wear and tear consistent with commercially reasonable maintenance and repair standards applicable to comparable buildings), and shall be kept in designated trash containers provide its own janitorial and removed from the Premises at least once each week. security services. 18.4 Tenant obligation hereby waives Civil Code Sections 1941 and 1942 relating to a landlord's duty to maintain the Premises includesin a tenantable condition, but not limited toand under said sections or under any law, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant statute or ordinance now or hereafter in effect to make repairs at Landlord's expense. 18.5 There shall be responsible for no abatement of Rent and no liability of Landlord by reason of any clogged plumbing within injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Premises, or in or to improvements, fixtures, equipment and personal property therein, provided that (i) such repairs, alterations or 21 improvements are not occasioned by the negligence or willful and wanton misconduct of Landlord, and (ii) Landlord makes commercially reasonable efforts to comply with its repair and replacement obligations under this Article 18 at such times and in such manner as do not unreasonably interfere with Tenant's use or occupancy of the Premises. If repairs or replacements become necessary which by the terms of this Lease are the responsibility of Tenant and Tenant fails to make the repairs or replacements, Landlord may do so pursuant to the provisions of Section 24.3 of this Lease. 18.6 Because of security and operational concerns, access to the interior of the Building by service providers shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages allowed only upon reasonable advance notice to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to LandlordTenant, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not upon such reasonable conditions as may be liable for any damage during tenancy caused imposed by vandalism, including but not limited to broken windowsTenant.

Appears in 1 contract

Samples: Lease (Globix Corp)

Repairs and Maintenance. Xxxxxx has inspected Premises and acknowledges that it is (a) Landlord shall maintain in good conditionorder and condition and make repairs to the roof, free foundation, Septic System, parking and common areas of defects the Building and fit for residential occupancythe Land, subgrade sewer and plumbing lines serving the Building and the structural soundness of exterior walls of the Building (excluding windows, window glass, plate glass and doors). Tenant This Lease is intended to be a net lease; accordingly, Landlord’s costs of maintaining the items set forth in this Section 10(a) shall promptly notify be included in Operating Expenses. Landlord shall not be required to make any improvements, replacements or repairs of any dangerous condition kind or need for maintenance existing in character to the Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail Building during the Lease Term except as set forth in this Section 10(a). Landlord shall not be liable to Tenant, except as expressly provided in this Lease, for any damage or inconvenience, and regularly changing Tenant shall not be entitled to any abatement or reduction of rent, by reason of any repairs or additions made by Landlord under this Lease. Tenant hereby waives all rights to make repairs at the expense of Landlord as provided by any law, statute or ordinance now or hereafter in effect. Tenant shall at once report in writing to Landlord any defective condition known to it which Landlord may be required to repair. Xxxxxxxx agrees, after receipt of written notice, to use commercially reasonable efforts to enforce all warranties that may apply to all portions of the Premises and the Building. (b) Tenant will keep the Premises (and any signs installed by Tenant at the Building or the Property) and every part thereof (including all Alterations installed by or on behalf of Tenant) neat and clean, and will maintain the same in as good order, condition and repair as the same are in as of the Substantial Completion Date or as thereafter improved, excepting only reasonable wear and tear and those repairs for which Landlord is responsible under the terms of this Lease, and Tenant shall surrender the Premises, at the end of the Term, in such condition. Except as otherwise provided herein, Tenant shall also maintain and keep in good order, condition and repair the mechanical, electrical, plumbing and fire/life safety systems and all related components exclusively serving the Premises. Except for the maintenance of the HVAC units pursuant to Section 10(c), Tenant shall maintain in full force and fridge filterseffect during the Term hereof a service and maintenance contract with respect to such systems and in the event Tenant fails to maintain any of the foregoing contracts, Landlord shall have the right (but without any obligation to do so) to maintain the same, in which event the cost thereof shall be paid by Tenant as Additional Rent within ten (10) days following written demand. Tenant shall furnish Landlord a copy of the initial service contracts within thirty (30) days after the Commencement Date and shall thereafter, upon Landlord’s request, provide Landlord reasonable evidence of the continued maintenance of the required service contract and, furthermore, upon request of Landlord, Tenant shall also furnish copies of routine maintenance reports or invoices. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises pest and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premisestermite control. Tenant shall be responsible for any damages maintenance of the plumbing system to the point of common connection, and any alarm or security systems serving the Premises. Tenant agrees to maintain adequate dumpster service and to keep the Premises and/or Property in a neat, clean and attractive manner. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Xxxxxx’s abuse Tenant or neglect its employees, agents or invitees. Tenant further agrees to repair, at its sole cost and expense, glass and exterior doors (including loading doors) serving the Premises and, in addition, to make, at its sole cost and expense, all repairs of any nature made necessary by the Premises/Propertynegligence of Tenant, its agents, employees, contractors, licensees, invitees or guests. Any expenses incurred by If Tenant fails to make repairs promptly as required herein, Landlord to remedy any violations may, at its option, make such repairs and the cost of this provision such repairs shall be paid by charged to Tenant to Landlord as additional rent and shall be due and payable by Tenant within fourteenten (10) days from receipt of Landlord’s invoice. Costs incurred under this subparagraph (b) are the sole responsibility of Tenant and do not constitute part of the Expense Charge under Section 4. (14c) The Premises is served by one or more heating, ventilation and air conditioning (“HVAC”) units providing HVAC service to the Premises. During the Term, Landlord shall repair, replace and maintain the HVAC units, and Tenant shall pay, as Additional Rent, all cost and expenses related to the HVAC units within ten (10) days of the after receipt of an invoice from Landlord. If Landlord may apportion costs incurred in connection with the HVAC units and service among the tenants in the Building based upon the number of HVAC units serving each tenant’s premises. Landlord shall have the option, at any time during the Term, to elect to require Tenant submits a to perform all such service request and maintenance to the dedicated HVAC units and to maintain the service contract thereon in the manner required under this Lease. Tenant shall also maintain and keep in good order, condition and repair any supplemental HVAC systems and units installed by or repair request to Landlord, and the contractor responding to this request on behalf of Tenant or as a result of Tenant’s requirements in excess of building standard. On or before the Commencement Date, Landlord determines shall deliver to Tenant a written statement from Landlord’s maintenance contractor for the Building certifying that the item is working correctlyhot water heater and HVAC units serving the Premises are in good and operable condition. (d) Subject to the provisions of Exhibit D attached hereto and made a part hereof, Xxxxxx agrees occupancy of the Premises by Tenant shall be deemed to reimburse Landlord establish conclusively that (i) the Premises have been prepared or completed in accordance with the plans and specifications for the amount Premises as approved by Landlord and Tenant, (ii) that Tenant has accepted the Premises “AS IS” subject to all applicable Laws and other agreements of record affecting the Project, and (iii) the Premises are in good and satisfactory condition. Landlord has made no representation or warranty as to the suitability of the Premises for the contractorconduct of Xxxxxx’s invoicebusiness, and Tenant waives any implied warranty that the Premises are suitable for Tenant’s intended purposes. TENANT ACKNOWLEDGES THAT (1) IT HAS INSPECTED AND ACCEPTS THE PREMISES IN AN "AS IS, WHERE IS" CONDITION SUBJECT TO EXHIBIT D, (2) THE BUILDINGS AND IMPROVEMENTS COMPRISING THE SAME ARE SUITABLE FOR THE PURPOSE FOR WHICH THE PREMISES ARE LEASED AND LANDLORD HAS MADE NO WARRANTY, REPRESENTATION, COVENANT, OR AGREEMENT WITH RESPECT TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE PREMISES, (3) THE PREMISES ARE IN GOOD AND SATISFACTORY CONDITION, (4) NO REPRESENTATIONS AS TO THE REPAIR OF THE PREMISES, NOR PROMISES TO ALTER, REMODEL OR IMPROVE THE PREMISES HAVE BEEN MADE BY LANDLORD (UNLESS OTHERWISE EXPRESSLY PROVIDED IN EXHIBIT D ATTACHED HERETO, IF ANY), AND (5) OTHER THAN EXPRESSLY SET OUT IN THIS LEASE, THERE ARE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, THAT EXTEND BEYOND THE DESCRIPTION OF THE PREMISES. (e) Tenant, at its expense, shall arrange and pay for all costs of and charges for janitorial services for the Premises (including extermination for the Premises) consistent with the type and quality of janitorial services required for tenants’ premises in buildings comparable to the Building in the Littleton area. (f) Tenant shall be responsible for the removal of its trash, rubbish, garbage and refuse from the Premises, at its sole cost and expense. Tenant shall install a dumpster in a location reasonably designated by Landlord will and shall contract for regular trash removal services for such dumpster. Tenant shall not permit the accumulation or burning of trash, rubbish, garbage and other refuse in the Premises or elsewhere in the Building or Property. The removal agency selected by Tenant shall be liable for subject to Landlord’s reasonable approval. In the event Tenant fails to remove any damage during tenancy caused by vandalismaccumulation of trash, including rubbish, garbage and other refuse within twenty-four (24) hours after notice from Landlord to remove the same, Landlord shall have the right (but not limited obligation) to broken windowsremove the same, in which event the cost thereof shall be paid by Xxxxxx as Additional Rent immediately upon demand.

Appears in 1 contract

Samples: Lease Agreement (Haights Cross Communications Inc)

Repairs and Maintenance. Xxxxxx has inspected Premises Unless otherwise expressly provided, Landlord shall maintain on the roof, foundation, common parking area, common landscaped areas, heating and acknowledges that it is air conditioning and soundness of the exterior walls (excluding all interior and exterior glass and all interior and exterior doors and overhead doors) of the building in good condition, free of defects repair and fit condition except for residential occupancyreasonable wear and tear. Tenant shall promptly pay for the repair of any damage caused by the negligence or default of Tenant or Tenant’s agents, invites and employees. Landlord shall not be liable to Tenant except as expressly provided in this lease, for any damage or inconvenience, and Tenant shall not be entitled to any abatement or reduction of rent be reason of any repairs, alterations or additions made by Landlord under this lease. A. Tenant shall forthwith at its expense replace any cracked or broken glass used in the leased premises. B. Tenant, at it’s own expense, shall maintain and repair all plumbing fixtures, lighting fixtures, floor coverings, interior painting, doors, trim and decoration in a good clean, safe, proper operating and wholesome condition at all times during the term of this lease. C. Tenant is to return the premises to the Landlord at the termination of this lease in as good of condition as existed at the “commencement date” of this lease, ordinary wear and tear excepted as defined by the Landlord. The cost for any repairs or maintenance work to bring the premises to such condition shall be borne by the Tenant and full or partial remedy may come front the Tenant’s deposit. D. Tenant must notify Landlord of any dangerous condition or need problem with the heating and air conditioning which, according to the terms of this lease, are the responsibility of the Landlord. If the Landlord cannot be contacted for maintenance existing in Premises or on any reasonable reason, Tenant may authorize repairs to the Propertyheating and air conditioning without the Landlord’s permission provided the expensed do not exceed five hundred ($500) dollars. Upon The Landlord will, at Landlords earliest convenience and upon receipt of notice from Tenantall invoices and approval of those invoices, reimburse Tenant for those charges or axxxx a portion of the rent in lieu of payment. If, for any reason and at Landlords discretion, Landlord shalldoes not approve the invoices, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, Tenant will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside part of the Premises which exclusively serves the Premisesexpense. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. The Landlord will not be liable for unreasonably withhold any damage during tenancy caused by vandalism, including but not limited to broken windowsapproval of invoices.

Appears in 1 contract

Samples: Commercial Lease (Spectranetics Corp)

Repairs and Maintenance. Xxxxxx has inspected 18.1 Landlord shall repair and maintain in good condition and repair the structural and exterior portions and Common Areas of the Building and the Project, and the base Building systems set forth on Exhibit L attached hereto, including roofing and covering materials; foundations; exterior walls; plumbing; fire sprinkler systems and fire alarms (if any); heating, ventilating, air conditioning systems; elevators; and 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 and acknowledges that it is every part thereof in good conditioncondition and repair, free damage thereto from ordinary wear and tear and casualty and condemnation excepted. Subject to Section 17.7, Tenant shall, upon the expiration or sooner termination of defects the Term, surrender the Premises to Landlord in substantially as good a condition as when received (except that the improvements in the Premises shall be surrendered in substantially as good a condition as existed on the Term Commencement Date), ordinary wear and fit tear and casualty and condemnation excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof. 18.3 Except as provided Section 16.2, Landlord shall not be liable for residential occupancyany failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance that is Landlord’s obligation pursuant to this Lease, Tenant shall promptly may notify Landlord of any dangerous condition such failure and, if Landlord does not make the repair or need for perform the maintenance existing in Premises or on the Property. Upon within thirty (30) days after Landlord’s receipt of such notice from Tenant(or, Landlord shallif such repair or maintenance cannot reasonably be completed with such period, within a reasonable the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period thereafterand diligently prosecutes the same to completion)), Tenant may perform the repair the following: (1) all defects in Premises or Property which create unsafe living conditions maintenance; provided, that before performing any such repairs or render Premises untenable; and (2) to the extent required by state lawmaintenance, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All Tenant shall notify Landlord of Tenant’s trash intent to do so and shall use commercially reasonable efforts to coordinate with Landlord, and any other tenants of the Project that may be kept affected, to schedule such repairs or maintenance. Notwithstanding the foregoing, in designated trash containers and removed from the event of an emergency that poses an imminent threat of harm to the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing or people or property within the Premises. Landlord shall be responsible for all other plumbing issues between , Tenant may perform such repairs as is necessary to repair the Premises and the street or the Premises and the septic tank or in any plumbing line outside portion of the Premises which exclusively serves the Premises. affected by such emergency; provided, however, that prior to taking any such action or performing such work, Tenant shall be responsible contact Landlord (via phone, if necessary) and shall not take such action or perform such work if Landlord promptly commits to perform the same in at least an expeditious manner as Tenant is able to take such action or perform such work and thereafter diligently prosecutes the same to completion. Landlord agrees to reimburse Tenant for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect such portion of the Premises/Property. Any expenses incurred by Landlord to remedy any violations reasonable out-of-pocket costs of this provision shall be paid such work performed by Tenant pursuant to Landlord as additional rent this Section that is Landlord’s responsibility under this Lease within fourteen thirty (1430) days of the after receipt of an invoice from LandlordTenant therefor. If Tenant submits a service request or repair request shall use commercially reasonable efforts to Landlord, and minimize interference with the contractor responding rights of other tenants to this request on behalf of Landlord determines that use their respective premises in the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowsBuilding.

Appears in 1 contract

Samples: Lease Agreement (Depomed Inc)

Repairs and Maintenance. Xxxxxx has inspected Premises (a) During the Term, Tenant shall continue all of Tenant’s existing maintenance programs and acknowledges that it is service contracts (either those in good condition, free of defects and fit for residential occupancyexistence or replacements thereof). Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenantmaintain, Landlord shall, within a reasonable time period thereafter, replace and repair the following: Premises (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to landscaping and parking lots) as well as all the structural and exterior components of the Building including the roof during the Term. Tenant shall repair and replace the component parts of the heating and air conditioning, water, sewer, gas and electrical systems as necessary to maintain said systems in the same condition as existed on the Effective Date, reasonable wear and tear excepted. Tenant shall provide all ordinary maintenance and repairs to the Premises, including, without limitation, replacement of broken windowsglass, replacement of worn or damaged flooring, repair of lighting fixtures, and repairs and maintenance of interior walls and ceilings. On the expiration of the Term or other termination of this Lease, Tenant shall deliver up the Premises with all required repairs and replacements completed and with all improvements located thereon, in good repair and condition, broom clean, reasonable wear and tear and the provisions of paragraph 21 excepted. (b) Xxxxxx agrees that Landlord shall have no obligation under this Lease to make any repairs or replacements to the Premises or improvements thereon, or any alteration, addition, change, or improvement thereof or thereto, whether structural or otherwise. The intention of this Lease is that the rent received by Landlord shall be “ABSOLUTELY NET”, free and clear of any expenses to Landlord under this Lease for the taxes, insurance, and/or construction, care, maintenance (including common area maintenance charges and charges accruing under easements, assessments and/or charges pursuant to the CCRs or other agreements relating to the Premises), operation, repair, replacement, alteration, addition, change, and improvement of or to the Premises. Upon the expiration or earlier termination of this Lease, Tenant shall remain responsible for, and shall 9044.051 Five Oaks Office Lease to Credence Lot 2 v2 pay to Landlord, any cost, charge or expense for which Xxxxxx is otherwise responsible for hereunder attributable to any period (prorated on a daily basis) prior to the expiration or earlier termination of this Lease. (c) Tenant shall not enter into any maintenance agreements that will extend beyond the Term without Landlord’s prior written consent. (d) Upon expiration of the Term, Tenant shall assign to Landlord any warranties relating to the Premises and deliver to Landlord all manuals, plans, specifications, records and other documents maintained by Tenant in connection with the maintenance of the Building.

Appears in 1 contract

Samples: Commercial Lease (Credence Systems Corp)

Repairs and Maintenance. Xxxxxx has inspected The TENANT will, at TENANT's sole cost and expense, keep the Demised Premises and acknowledges that it is in good conditionrepair and tenantable condition during the term of this Lease. The repair and maintenance of the whole of the Demised Premises, free including without limitation, the nonstructural interior portions of defects the Demised Premises; including storefronts, windows, doors, floor covering, plumbing, ventilation, heating and fit for residential occupancyair conditioning systems, shall be the sole responsibility of the TENANT at the TENANT's expense. Tenant shall promptly notify Landlord The TENANT will, at the termination of any dangerous condition this Lease, by lapse of time or need for maintenance existing in Premises or on otherwise, surrender the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neatsame condition as when received, sanitary reasonable wear and clean condition free of trash tear excepted, and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from surrender all keys for the Premises at least once each weekto LANDLORD. Tenant TENANT shall remove all its trade fixtures leased equipment and any alterations or improvements which LANDLORD requests to be removed before surrendering the Premises as aforesaid and shall repair any damage to the Premises caused thereby. Notwithstanding the foregoing, however, TENANT shall not be required to remove improvements of a permanent nature such as walls, partitions, carpeting and painting, TENANT's obligation to maintain observe or perform this covenant shall survive the Premises includesexpiration or other termination of the term of the Lease. The TENANT shall at its own cost and expense, but not limited toenter into an annual contract for regularly scheduled preventive maintenance and repair, replacing any light bulbs which fail during with a licensed maintenance contractor approved by the Lease Term LANDLORD, for servicing and regularly changing HVAC repair of all heating and fridge filters. Tenant shall be responsible for any clogged plumbing within air conditioning systems and equipment serving the Premises. Landlord Not later than thirty (30) days following the commencement of this Lease and annually thereafter, TENANT shall be responsible furnish to LANDLORD a copy of the air conditioning maintenance contract described above and proof that the annual premium for the maintenance has been paid. Notwithstanding the above, TENANT may alternatively maintain the heating and air conditioning systems servicing the Premises through employees of Tenant who are licensed to maintain such systems. The service contract must include all other plumbing issues between services suggested by the equipment manufacturer. The maintenance contractor shall keep a detailed record of all services performed on the Premises and prepare a yearly service report to be furnished to the street or the Premises TENANT and the septic tank or in any plumbing line outside LANDLORD at the end of each calendar year. The LANDLORD may, but shall not be required to, upon notice to the TENANT, elect to enter into such maintenance/service contract on behalf of the Premises which exclusively serves TENANT or perform the Premiseswork itself, and in either case, charge TENANT therefore, together with a reasonable charge of overhead. Tenant shall be responsible for any damages The LANDLORD agrees to repair and maintain in good order and condition the Premises and/or Property caused by Xxxxxx’s abuse or neglect roof, roof drains, exterior walls, parking lots, landscaping, exterior lighting and the structural integrity of the interior and exterior of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windows.

Appears in 1 contract

Samples: Lease Agreement (Jabil Circuit Inc)

Repairs and Maintenance. Xxxxxx has inspected 18.1. Landlord shall keep and maintain in good order and repair the Building and Project structure and systems, including the foundation, roof and roof covering materials, exterior walls, elevators, electrical, plumbing, fire and safety systems, security systems, HVAC. systems, entrance, sidewalks, lobbies, stairways, landscaped areas, parking facilities, lobbies and other common areas and facilities of the Building (and the full cost thereof shall be included as a part of Operating Expenses, unless expressly excluded pursuant to Article 7). In addition, Landlord covenants with Tenant to proceed with due diligence to remedy, as promptly as is feasible under the circumstances, any material interruption of services. Landlord shall in no event be required to make repairs to leasehold improvements made by Tenant, or another tenant. Tenant agrees to deliver notice to Landlord, as promptly as is reasonable under the circumstances, of any defective condition in or about the Demised Premises known to Tenant which Landlord is required to repair hereunder; provided, however, that Tenant's failure to report to Landlord any such defective condition shall not relieve Landlord of Landlord's obligation to repair any such defective condition promptly upon learning of the need for such repair. Notwithstanding the foregoing, in the event of any of the foregoing maintenance or repairs are required by reason of any act or omission of Tenant, Tenant shall pay to Landlord the cost of such maintenance and repairs. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant's sole cost and expense keep the Demised Premises and acknowledges that it is every part thereof in good condition and repair, damage thereto from ordinary wear and tear and damage by casualty excepted. Tenant shall, upon the expiration or earlier termination of this Lease, surrender the Demised Premises to Landlord in good condition, free ordinary wear and tear and damage by casualty excepted. 18.3. Repairs under this Article 18 which are obligations of defects Landlord are subject to allocation among Tenant and fit for residential occupancyother tenants as Operating Expenses. 18.4. Tenant shall promptly notify Landlord of any dangerous condition or need for This Article 18 relates to repairs and maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises arising in the neatordinary course of operation of the Building, sanitary the Project and clean condition free any related facilities. In the event of trash and debris. All fire, earthquake, flood, hurricane or other act of Tenant’s trash God, vandalism, war, or similar cause of damage or destruction, this Article 18 shall not be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises applicable and the street or the Premises provisions of Article 22 shall apply and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowscontrol.

Appears in 1 contract

Samples: Lease Agreement (North American Vaccine Inc)

Repairs and Maintenance. Xxxxxx has inspected Throughout the Lease Term, Tenant, at Tenant's sole cost and expense, shall maintain and keep the Demised Premises (including without limitation all buildings and exterior areas) in good condition and Repair all systems and components in good working order, regardless of whether interior or exterior, structural or nonstructural, ordinary or extraordinary, or foreseen or unforeseen. The term "Repair" as used herein shall include all necessary repairs, replacements, renewals, alterations, additions or betterments. All Tenant's work performed hereunder shall be performed in accordance with the terms and procedures described in Section 11 below. Tenant shall do all acts necessary for the safety and preservation of the Demised Premises and acknowledges that it is the improvements located thereon and all other acts which may be necessary by reason of any excavation or other building operation upon any adjoining property or street, alley or passageway. Whether Repairs to the Demised Premises and adjoining areas are necessary and adequate shall be measured by the appropriate standard for improvements of similar construction and class. However, Tenant shall in good any event make all necessary Repairs in such a manner as to avoid any structural damage or injury to the building(s) and other improvements located on the Demised Premises. Tenant shall maintain all portions of the Demised Premises and adjoining areas in a clean and orderly condition, free of defects dirt, rubbish, snow, ice, and fit for residential occupancyunlawful obstructions. Tenant shall promptly notify Landlord assume the full and sole responsibility for the condition, operation, Repair, maintenance, and management of the Demised Premises and adjoining areas over which Tenant has control, including without limitation, any dangerous condition paving and striping of parking and hard surface areas, mowing and landscaping. Tenant shall perform any item of Repair or need for maintenance existing as may at any time or from time to time be required by any Law. Tenant shall not damage the Demised Premises, shall maintain and keep in Premises Repair all improvements, as well as Tenant's property located in or on the PropertyDemised Premises, and shall maintain a first class general appearance of the Demised Premises. Upon receipt of notice from Tenant, Tenant acknowledges and agrees that Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees has no obligations to maintain Premises or Repair any portion of the Demised Premises. Tenant hereby acknowledges and agrees that no disclosures made by, or other information provided by, Tenant set forth in the neat, sanitary and clean condition free Seller's Disclosure Statements (as that term is defined in the Purchase Agreement) shall relieve Tenant of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant any maintenance or Repair obligation to maintain the Premises includeshereunder, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for obligated to promptly commence any clogged plumbing within necessary Repairs and remedy any deficiencies in the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside condition of the Demised Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, indicated herein and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowstherein.

Appears in 1 contract

Samples: Net Lease Agreement (First Chester County Corp)

Repairs and Maintenance. It is the responsibility of the Tenant to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Apartment including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheet rock or siding, or any leaks. If Xxxxxx has inspected Premises and acknowledges that it is in good condition, free of defects and fit for residential occupancy. Tenant shall promptly fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), his/her agents or invitees, which repairs shall be made at the sole cost of the Tenant. Such repairs shall be made to conform to the original condition of the Apartment at the time the Tenant took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you 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 calls for maintenance for which no such maintenance is needed (false call), Tenant will be charged for the service call. Any repairs, including labor, material and parts used, which are the responsibility of the Tenant, 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 dangerous defective condition, nor shall any defense or remedy be available to the Tenant, where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant, or where the Tenant unreasonably fails to notify the Landlord of the condition or need for maintenance existing in Premises or on allow the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) access to the extent required by state lawApartment for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, such other defects which, if not corrected, will leave Premises or Property Tenant must be current in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filtersrent. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premisesbroken glass. Tenant shall be responsible for any damages not paint, re-wallpaper or otherwise redecorate or make alterations to the Premises and/or Property caused by Xxxxxx’s abuse Apartment or neglect surrounding areas without the written consent of the Premises/PropertyLandlord. Any expenses incurred If written consent is given, such alterations shall be at the expense of the Tenant and shall become part of the premises and the Owner’s property upon termination of this lease and tenancy. Tenant shall not permit any act or thing deemed hazardous by Landlord due to remedy any violations potential risk of this provision fire or which will increase the rate of insurance on said premises. In case the Apartment or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Apartment or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Apartment unfit for human habitation, the rent shall cease until such time as the Apartment will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction, and from thenceforth this Lease Agreement shall cease and come to an end. In the event the damage is caused by Tenant to Landlord as additional rent within fourteen (14) days the act of the receipt Tenant, or someone in the Apartment or on the premises by reason of an invoice from Landlord. If Tenant’s permission or consent, there shall be no reduction of rent and Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not shall be liable for all costs or repair. Should Landlord notify Tenant of intent to clean, replace carpets or paint the Apartment, moving furniture and wall hangings shall be the duty and expense of the Tenant. Tenant understands that he/she will not receive any damage during tenancy caused rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by vandalism, including but not limited to broken windowslaw.

Appears in 1 contract

Samples: Lease Agreement

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Repairs and Maintenance. Xxxxxx Tenant acknowledges that Tenant has inspected the Leased Premises and acknowledges that it is fit for its Permitted Use. Tenant agrees that no representations regarding the Leased Premises or the condition thereof and no promises to alter, decorate, improve, or repairs other than those included in the Tenant Improvement Plan have been or will be made by Landlord, or any broker, or their agents unless specified in this Lease. The following shall be kept in good conditionworking order and repair, free normal wear and tear excepted, by either the Landlord or Tenant as follows (Check all that apply. The sections not marked shall not be a part of defects this Agreement.): TENANT LANDLORD TENANT LANDLORD Heating system Plumbing system Parking area Driveway *Building Exteriors Smoke detector Terrace/patio Restrooms Security Alarm Air conditioning system Electrical system/fixtures Exterior walkways Interior Hallways Lobby Exterior windows Trash Facilities Stairs and fit for residential occupancy. Tenant Elevator Landscaping *shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. include roof Upon receipt of written notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; those facilities and (2) systems that are the responsibility of Landlord to maintain. Tenant shall repair all defects in those facilities and systems that are the responsibility of Tenant to maintain. If Tenant does not promptly perform its maintenance and repair obligations as set forth herein, Landlord may make such repairs and/or replacements and upon notice by Landlord to Tenant, Tenant shall promptly pay the costs of said maintenance and/or repairs. Landlord shall not be liable to Tenant for any damage to the extent required Leased Premises caused by state lawany water coming through or around the roof or any exterior door, such other defects whichflashing, if not correctedsky light, will leave Premises exterior vent, exterior window or Property the like in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from or about the Premises at least once each week. Tenant obligation of the above referenced systems or facilities or by water coming through or around the roof or any door, flashing, skylight, vent, window, or the like in or about Premises, except if such damage is due to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filtersgross negligence or willful misconduct of LandlordTenant. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between reasonable costs of repairs made necessary by the Premises and the street negligence or the Premises and the septic tank misconduct of Tenant (including Tenant's employees, agents, invitees, guests, or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowslicensees).

Appears in 1 contract

Samples: Lease Agreement

Repairs and Maintenance. Xxxxxx has inspected Premises (1) Lessor shall not be required to make any Repairs in, on, or about all or part of the Lease Premises. Lessee shall, at all times during the term of this Lease and acknowledges that it is without any cost or expense to Lessor, keep and maintain the Lease Premises, including all Improvements, in good order and repair and in a clean, safe, sanitary, and orderly condition. (2) Lessee shall make, free of defects or cause to be made, any Repairs which may be required by any Regulatory Agency. Lessee shall observe and fit for residential occupancycomply with, any law, statute, ordinance, plan, regulation, resolution, or policy applicable to the Lease Premises in making such Repairs. Tenant All work shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenantbe performed with reasonable diligence, Landlord shall, completed within a reasonable time period thereaftertime, repair and performed at the followingsole cost and expense of Xxxxxx. (3) Lessee expressly accepts the Lease Premises “as is” and expressly acknowledges that: (1i) all defects in Premises Lessor has made no representations or Property which create unsafe living conditions or render Premises untenable; and (2) warranties as to the extent required by state lawsuitability of the Lease Premises for any Improvements. Lessee shall conduct all tests necessary to determine the suitability of the Lease Premises for any proposed use or Improvements authorized; and (ii) Lessor has made no representations or warranties as to the quality or value of any Improvements found on the Lease Premises, such or of their conformity to any applicable building codes, zoning ordinances, or other defects which, if not corrected, will leave Premises or Property in a state of disrepairregulations. Except as provided above, Xxxxxx agrees to maintain Premises inspect any preexisting Improvements at its own cost to determine whether such Improvements are safe and suitable for the Xxxxxx’s intended use; and (iii) Lessee shall neither be entitled to any reduction in rent, nor any extension of the neat, sanitary and clean condition free terms of trash and debris. All this Lease because of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation damage to maintain the Premises includes, but not limited to, replacing or destruction of any light bulbs which fail during Improvements on the Lease Term Premises. (iv) Lessee and regularly changing HVAC Lessor agree that any Improvements on the Lease Premises constitute the personal property of Xxxxxx and fridge filters. Tenant shall be responsible for any clogged plumbing within that fixture law does not apply. (4) In the Premises. Landlord shall be responsible for all other plumbing issues between event that the Lease Premises and the street or the Premises and the septic tank is partly, or in whole, comprised of tidal, submerged, or waterfront property, Lessee expressly accepts the hazards involved in using or improving such lands. Lessor is not responsible for, and Xxxxxx shall not be reimbursed for nor receive any plumbing line outside offset of rent for, any damages or reduced use of the Lease Premises which exclusively serves the Premises. Tenant shall be responsible for caused by: local or invasive flora or fauna, flooding, erosion, sea level rise, storms, freezing, inclement weather of any damages to the Premises and/or Property caused by Xxxxxx’s abuse kind, acts of god, maintenance or neglect failure of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlordprotective structures, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowsother such hazards.

Appears in 1 contract

Samples: Lease Agreement

Repairs and Maintenance. Xxxxxx has inspected Premises The Institute shall repair defects, which arise from ordinary wear and acknowledges that it is in good conditiontear, free at the Institute’s expense. Without limitation, all defects caused by the acts or omissions of defects Resident, Resident’s guests or invitees, will be so charged to Resident, including the cost of repair to or clearing of waste pipes and fit for residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafterdrains, repair the following: (1) all defects in Premises to water pipes, plumbing fixtures, or Property which create unsafe living conditions overflow therefrom caused by negligent or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street improper usage or the Premises and introduction of articles or materials into the septic tank or in any plumbing line outside of system for which the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlordsystem was not intended, and including the contractor responding to this request on behalf cost of Landlord determines that the item is working correctlyrepair or replacement of damaged or missing furniture, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoicefixtures, appliances or equipment. Landlord will The Institute shall not be liable for failure to make any damage during tenancy caused repair unless Resident has given to the Institute written notice of the need for repair and the Institute has had a reasonable amount of time to make the repair. Upon the expiration or termination of this License Contract, Resident shall return the Premises to the Institute in the same condition as received less reasonable wear and tear. ALTERATIONS Resident shall not make, nor suffer to be made, any alterations to the Premises, or any part thereof, without the Institute’s prior written consent. Without limitation, “alterations” include painting, installing antenna or satellite dish, placing or displaying signs, or using fastening devices. If Premises come furnished, the Institute will not remove or store furnishings provided in the Premises. PERSONAL PROPERTY Resident assumes all risks for personal property in Institute Housing, or any facility managed by vandalismthe Housing Office. The Institute does not insure Resident’s personal property. If Resident wishes to insure his or her personal property, including but he or she shall obtain and maintain the insurance. STORAGE The Institute does not limited provide free storage, and is not responsible for providing storage space for Resident’s belongings. Resident is fully responsible, and assumes all risks for personal items left in facilities. At no time is the Institute responsible for such items. PETS Resident is not permitted to broken windowsmaintain pets except as provided by Caltech’s Pet Policy found at xxxx://xxx.xxxxxxx.xxxxxxx.xxx/. CLEANING Room or off-campus house cleaning services require a special request to Housing Maintenance for an additional fee. Non-Caltech custodial vendors are not permitted in Institute Housing unless contracted through Institute Housing. KEYS One key will be issued to Resident. Resident agrees not to duplicate or loan any key, and to return all residential keys issued upon termination of this License Contract. Non-returned keys may require re-keying of Premises and the re-keying will be charged to Resident. GUESTS Resident may have an overnight guest for a maximum of three nights per month. Institute guest policy is a privilege and can be rescinded. FURNITURE, FIXTURES AND EQUIPMENT Resident acknowledges receipt in good condition of the carpeting/flooring, window coverings, furniture/furnishings and a smoke detector, without warranty, expressed or implied, by the Institute as to its condition or fitness. Resident shall not alter the Premises’ fixtures, furnishings or equipment without consent of the Institute. Upon the expiration or termination of this License Contract, Resident shall return the Premises, together with Institute’s furniture, fixtures and equipment to Institute in the same condition as when received, less reasonable wear and tear. Resident waives the provisions of California Civil Code Section 1957, if applicable.

Appears in 1 contract

Samples: Graduate Student Dormitory License Contract

Repairs and Maintenance. Xxxxxx has inspected Premises and acknowledges that it is in good condition, free of defects and fit for residential occupancy. Tenant Lessor shall promptly notify Landlord of any dangerous condition keep or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) cause to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers good operating order and removed from the Premises at least once each week. Tenant obligation to condition (reasonable wear and tear excepted) and, in a reasonable and timely manner, repair and maintain the Premises includesLeased Premises, including but not limited to, replacing any light bulbs which fail during the Lease Term basic plumbing, heating, ventilating, air conditioning, roofing systems, and regularly changing HVAC electrical systems installed or furnished by Lessor, unless such maintenance and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank repairs are caused in part or in whole by the act, neglect, fault of or omission of any plumbing line outside of the Premises duty by Lessee, its agents, servants, employees or invitees, in which exclusively serves the Premises. Tenant case Lessee shall be responsible for any damages pay to Lessor, in addition to the Premises and/or Property caused by Xxxxxx’s abuse or neglect amounts due hereunder, the reasonable cost of the Premises/Propertysuch maintenance and repairs. Any expenses incurred by Landlord to remedy any violations of this provision Lessor shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused failure to make any such repairs or to perform any maintenance unless such failure shall persist for ten (10) working days, or an unreasonable time given the circumstances, after Lessee gives written notice of the need of such repairs or maintenance. There shall be no abatement of the amounts due hereunder and no liability of Lessor by vandalismreason of any injury to or interference with Lessee’s operations arising from the making of any repairs, alterations or improvements in or to any portion of the Leased Premises, or in or to fixtures, appurtenances and equipment therein, unless Lessor determines in its reasonable discretion that the Leased Premises are not habitable or useable for the Permitted Use. In the event Lessor declares that the Leased Premises are not useable, in its reasonable discretion and in consultation with Lessee, Lessor shall first have the right to provide alternative space substantially comparable, as determined in the Lessor’s reasonable discretion, to the Leased Premises (the “Alternative Space”). Should Alternative Space be offered to the Lessee, there shall be no abatement of the amounts due hereunder. If Lessor declares that the Leased Premises are not useable and does not offer Lessee Alternative Space, the amounts due hereunder shall be abated based on the number of days that Lessor determines in its reasonable discretion the Leased Premises are not useable for the Permitted Use. Lessee waives the right to make repairs at Lessor’s expense under any law, statute or ordinance now or hereafter in effect. Lessee shall bear the costs of all maintenance and repairs which are uniquely attributed to its use of the Leased Premises, including but not limited to broken windowsany repairs or services by the Lessor’s Physical Plant Department beyond what is customary for Physical Plant to provide, as determined by Lessor, and any repairs, maintenance, consulting services or monitoring of the Leased Premises necessary to maintain GMP status or required for the Permitted Use by Lessee (“Specialized Maintenance”) provided by Lessor or by third parties at Lessor’s request. Lessee shall work with Lessor to secure services contracts for all Specialized Maintenance, in full observance of the Lessor’s procurement policies and rules. The parties acknowledge that this Agreement shall supersede in its entirety that certain Service Level Agreement by and between the University of Louisville Physical Plant Department, Lessee, and the Institute for Cellular Therapeutics, dated January 1, 2015. So long as Lessee pays the prescribed rent and costs of Specialized Maintenance, and performs or observes all of the terms, conditions, covenants, and obligations of this Agreement required to be performed or observed by it hereunder, Lessee shall, at all times during the Term hereof, have the peaceable, quiet and effective enjoyment, possession, occupancy, and use of the Leased Premises and the associated Common Areas without any unreasonable interference from Lessor; provided, however, Lessor shall have the right to enter the Leased Premises in accordance with Section 12 of this Agreement.

Appears in 1 contract

Samples: Lease Agreement (Talaris Therapeutics, Inc.)

Repairs and Maintenance. Xxxxxx has inspected Notwithstanding anything to the contrary contained herein, the Tenant will keep, maintain and preserve the Premises and acknowledges that it is in good a first class condition, free normal wear and tear excepted. The Tenant at its sole cost and expense will provide janitorial and window washing for the interior of defects and fit for residential occupancythe Premises. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from TenantIn addition, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within all utility services for which the PremisesTenant is separately metered. Landlord shall be responsible for When and if needed, at the Tenant's sole cost and expense, the Tenant will make all other plumbing issues between the Premises interior repairs and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, replacements including but not limited to interior walls, doors and windows, floors, floor coverings, light bulbs, plumbing fixtures, heating/air conditioning systems, hot water systems, and electrical fixtures. Tenant shall also make all repairs and replacements to Tenant's overhead garage and exterior pedestrian doors. The Tenant will also repair and replace at its sole cost and expense any broken windowswindows and/or damage to the building or Premises caused by the negligence of the Tenant or its employees, agents, guests or invitees during the Lease Term hereof. The above repairs, replacements, and/or services must be performed by an approved contractor of the Landlord. Should Tenant fail to perform all interior repairs and replacements to Tenant's Premises such repairs may be performed by the Landlord and charged to the Tenant at the Tenant's sole cost and expense. Except as otherwise provided in this Lease, Tenant will comply with all ordinances of the City of XXXXX, rules and regulations of the Board of Health and the laws of the State of MINNESOTA. The Tenant is also responsible for compliance with all laws, rules and regulations of any governmental authority required of either the Landlord or the Tenant relative to the repair, maintenance and replacement in the Premises NOTWITHSTANDING ANYTHING TO THE CONTRARY, LANDLORD SHALL BE RESPONSIBLE FOR CUMULATIVE REPAIRS OR REPLACEMENT COSTS OF THE ROOF TOP HVAC UNITS IN EXCESS OF $2,000.00 PER YEAR. IN ADDITION, LANDLORD AT LANDLORD'S COST, SHALL HAVE A THIRD PARTY CONTRACTOR CERTIFY THAT THE HVAC UNITS AND OVERHEAD DOORS SERVICING THE PREMISES ARE IN GOOD WORKING CONDITION UPON THE COMMENCEMENT DATE OF THIS LEASE.

Appears in 1 contract

Samples: Lease Agreement (LSC Inc)

Repairs and Maintenance. Xxxxxx has inspected Premises and acknowledges that it is in good conditionUnless otherwise expressly provided, free of defects and fit for residential occupancy. Tenant Lessor shall promptly notify Landlord not be required to make any improvements, replacements or repairs of any dangerous condition kind or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) character to the extent required Leased Premises during the term of this Lease, except repairs to walls, doors, corridors, windows and other structures and equipment within and serving the Leased Premises, and additional maintenance as may be necessary because of damage by state lawpersons other than Lessee, such its agents, employees, invitees, licensees or visitors, and as may be necessary because of damage by persons other defects whichthan Lessee, if not correctedits agents, will leave Premises employees, invitees, licensees or Property in a state visitors, and as may be necessary solely because of disrepair. Except as provided abovethe negligence of Lessor, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash which repairs shall be kept in designated trash containers and removed from the Premises made by Lessor at least once each weekits expense beginning not more than fifteen days after written notice by Lessee. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant Lessor shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable to Lessee, except as expressly provided in this Lease, for any damage during tenancy or inconvenience, and Lessee shall not be entitled to any abatement or reduction of Rent, b reason of any repairs, alterations or additions made by Lessor under this Lease. Subject to 30 days prior written notice notifying Lessor of specific repairs that are the responsibility of Lessor as defined in this Paragraph 12(a), and allowing Lessor reasonable time to make said repairs, Lessee shall be entitled to a prorated per day and prorated per square foot abatement or reduction of rent for any of the days following the notice period for that specific effected area of this Lease, b reason of any unreasonable failure by Lessor to make said repairs. All requests for repairs or maintenance that are the responsibility of Lessor pursuant to any provision of this Lease must be made in writing to Lessor at the address set forth below. CARE OF LEASED PREMISES: Lessee shall, at its own cost and expense, repair or replace any damages or injury to all or any part of the Leased Premises caused by vandalismLessee or Lessee's agents, including but employees, invitees, licensees or visitors; provided, however, if Lessee fails to make the repairs or replacements promptly, Lessor may, at its option, make the repairs or replacements and Lessee shall reimburse the cost to Lessor on demand. Lessee shall not limited allow any damage to broken windowsbe committed on any portion of the Leased Premises, and upon expiration or termination of this Lease, by lapse of time or otherwise, Lessee shall deliver the Leased Premises to Lessor in as good condition as at the date of first possession of Lessee, ordinary wear and tear excepted. The cost and expense of any repairs necessary to restore the condition of the Leased Premises shall be borne by Lessee, and if Lessor undertakes to restore the Leased Premises, Lessee shall reimburse Lessor for the costs thereof. COMPLIANCE WITH LAWS, RULES AND REGULATIONS: Lessee shall comply with all 116 laws, ordinances, orders, rules and regulations of state, federal, municipal or other agencies or bodies having jurisdiction relating to the use, condition and occupancy of the Leased Premises. Lessee will comply with the rules of the Building adopted by Lessor which are set forth on Exhibit "B" attached to this Lease. Lessor shall have the right at all times to change the rules and regulations of the Building or to amend them in any reasonable manner as may be deemed advisable for the safety, care and cleanliness, and for the preservation of good order, of the Leased Premises. All changes and amendments in the rules and regulations of the Building will be sent by Lessor to Lessee in writing and shall thereafter be carried out and observed by Lessee.

Appears in 1 contract

Samples: Lease Agreement (Tatonka Energy Inc)

Repairs and Maintenance. Xxxxxx has inspected 1. During the term of this Lease, Landlord agrees to keep and maintain in good order and repair, and if applicable, replace, as necessary, the Common Area, and the roof, concrete sub-floors and exterior walls (exclusive of all glass facades, plate glass, doors, sign bands and interior walls) of the Building and the Leased Premises. Tenant shall, at at its own cost and expense, at all times during the Lease term make all necessary repairs and replacements to the Leased Premises and acknowledges that it is in good conditionthe equipment located therein or servicing the Leased Premises, free of defects and fit for residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includesincluding, but not limited to, replacing doors, windows, plate glass, fixtures and heating, ventilating and air conditioning facilities of the Leased Premises and the electrical and plumbing facilities exclusively servicing the Leased Premises to the point of entry to a common line, and Tenant shall keep and maintain the same in good condition and repair so that at the expiration of the Lease term or any light bulbs which fail extension thereof, the Leased Premises shall be surrendered to Landlord in the same condition that the same are in at the commencement of the Lease term. Tenant shall, at its own cost and expense, at all times during the Lease Term term make all necessary repairs and regularly changing HVAC replacements to the Leased Premises and fridge filtersthe equipment located therein or exclusively servicing the Leased Premises, including, but not limited to, doors, windows, plate glass, fixtures and heating, ventilating and air conditioning facilities exclusively servicing the Leased Premises and the electrical and plumbing facilities exclusively servicing the Leased Premises to the point of entry to a common line, and Tenant shall keep and maintain the same in good condition and repair so that at the expiration of the Lease term or any extension thereof, the Leased Premises shall be surrendered to Landlord in the same condition that the same are in at the commencement of the Lease term subject to ordinary wear and tear and reasonable use. Tenant shall be responsible for not defer any clogged plumbing within repairs or replacements to the Premises. Landlord shall be responsible for all other plumbing issues between the Leased Premises and the street or the Premises and the septic tank or in any plumbing line outside by reason of anticipation of the Premises which exclusively serves expiration of the Premisesterm hereof. Tenant shall be responsible for any damages also use all reasonable precautions to prevent waste, damage or injury to the Premises and/or Property caused by Xxxxxx’s abuse or neglect Leased Premises. The surrender of the Premises/Property. Any expenses incurred by Landlord to remedy any violations Leased Premises upon the expiration or earlier termination of this provision Lease shall not relieve Tenant of the obligation to pay for all repairs or replacements to the Leased Premises which Tenant was obligated to perform during the Lease term, which obligation shall survive the expiration or early termination of this Lease. Tenant’s maintenance obligations hereunder shall be paid by Tenant subject to Landlord as additional rent within fourteen (14) days ordinary wear and tear and reasonable damage due to casualty and condemnation and Landlord’s repair, maintenance, and restoration obligations hereunder. Notwithstanding the foregoing, Tenant’s obligation to maintain the Leased Premises shall not extend to the exterior and structural portions of the receipt Building. 2. Tenant shall keep the Leased Premises in a clean and tenantable condition. Tenant shall not permit any garbage, rubbish, refuse or dirt of an invoice any kind to accumulate in or about the Leased Premises or the Building and shall cause the same to be promptly removed from Landlordthe Building and deposited in Tenant’s dumpster. If Tenant submits a service request shall arrange for the commercial removal of all garbage, refuse and trash from the Tenant’s dumpster. Tenant agrees, at its sole cost and expense, to comply with all present and future laws, orders and regulations regarding the collection, sorting, separation and recycling of waste products, garbage, refuse and trash into such categories as provided by law. Tenant shall pay all costs, expenses, fines, penalties or repair request damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to Landlordcomply with the provisions of this paragraph, and, at Tenant’s sole cost and expense, shall indemnify, defend, and the contractor responding to this request on behalf of hold Landlord determines that the item is working correctlyharmless from and against any actions, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalismclaims, including but not limited to broken windowsand suits arising from such noncompliance.

Appears in 1 contract

Samples: Lease Agreement (EnSync, Inc.)

Repairs and Maintenance. Xxxxxx has inspected Premises and acknowledges that it is in good condition, free of defects and fit for residential occupancy. Tenant shall promptly notify Landlord of any dangerous properly use and operate all furniture, furnishings and appliances, electrical, gas and plumbing fixtures and keep them as clean and sanitary as their condition or need for maintenance existing in Premises or on the Propertypermits. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, This includes but is not limited to, replacing any light bulbs which fail the furnace filter when dirty and replacing lightbulbs as needed at tenant's cost. Residents agree that Mavi Unlimited Inc., will conduct routine inspections of the property including photos, notes, and other applicable documentation during the Lease Term lease duration, typically three months after move-in and regularly changing HVAC bi-annually going forward. These inspections are a requirement to catch any deferred maintenance not reported by the Residents and fridge filtersto ensure compliance with the lease. Pool/Spa/Hot tub - If applicable, tenant agrees to properly maintain any pool/hot tub/spa on or in the property or have it maintained by a professional service. This does not apply to HOA/Community controlled/maintained pools/spas/hot tubs. This maintenance shall be done at the expense of the Tenant shall Agent. Xxxxxx agrees to be responsible for any clogged plumbing within damage caused to the Premisesabove mentioned pool/spa/hot tub, and to adhere to any necessary instructions from a professional pool company, if given. Landlord If tenant does not properly follow maintenance instructions, and the pool/spa/hot tub or any of its equipment falls into disrepair, tenant will be liable for the costs associated with repair/ replacement. Excluding ordinary wear and tear, Tenant shall be responsible notify Agent and pay for all other plumbing issues between the Premises and the street repairs or the Premises and the septic tank replacements caused by Tenant(s) or in any plumbing line outside of the Premises which exclusively serves the PremisesTenant’s invitees’ negligence or misuse. Tenant shall not make repairs without prior written consent of Agent. Excessive damage by Xxxxxx, Xxxxxx’s household, or guests to the premises or unsanitary conditions deemed a health risk by Agent shall be grounds for Agent to evict Tenant. As of the date of this agreement, Owner/Agent warrant that the dwelling’s sewage drains are in good working order and that they will accept the normal household waste for which they were intended. The most common tenant caused problems are caused by grease in kitchen sink, long hair in bathroom sinks, showers and tubs and improper use of the toilets. Sewer drains will not accept things such as paper diapers, sanitary napkins, tampons, children’s toys, wads of toilet paper, paper towels, grease, table scraps, or rocks. Tenant agrees to pay the costs for clearing the drains of any and all stoppages unless caused by defective plumbing, tree roots or caused by a problem with the main sewer line, which is attested to by the plumber called in to clear the stoppage. Tenant is responsible for keeping the lawn and landscaping in the condition in which it was received, unless it is deemed not applicable in Section 1.14 of this lease. If after a call from Agent indicated that upkeep needs to improve and nothing is done, Agent has permission to have professional lawn care begin at Tenant’s expense. Tenant agrees to use care when maintaining and cleaning rental unit, including all floors, plumbing fixtures, appliances, etc. Tenants should refrain from using overly abrasive cleaning solutions or cleaning products that may cause permanent damage. Tenant acknowledges that they are responsible for any damages to the Premises and/or Property damage caused by Xxxxxx’s abuse abrasive cleaning products or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, cleaning solutions and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord said damage will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowsconsidered “normal wear and tear.

Appears in 1 contract

Samples: Residential Lease Agreement

Repairs and Maintenance. Xxxxxx has inspected Premises Landlord agrees, at its expense, to keep the roof, foundations, plumbing, -------- sprinkler mains, structural systems, and acknowledges that it is curtain walls of the premises including --------- plate glass in good conditioncondition and repair, free but Landlord shall not be obligated to ----------- repair any such damage caused by the same being or becoming out of defects repair until it has had reasonable opportunity to have the same repaired after being notified in writing of the need of same by Tenant. In no way shall Landlord incur any expense for such repairs and fit maintenance where such repair and maintenance is occasioned by Tenant's negligence. Landlord shall not be liable to Tenant for residential occupancyany damage to trade fixtures or personal property of Tenant in the premises caused by water leakage from roof, water lines, sprinkler or heating and air conditioning equipment. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neatall heating, sanitary ventilating and clean condition free of trash cooling systems and debris. All of Tenant’s trash shall be kept in designated trash containers all elevators and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing escalators within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises Development and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for Tenant's pro rata share of said expenses on a pro rata basis in the amount same manner as is set forth in Articles 3.02 and 20 herein. Tenant agrees, at Tenant's expense, to keep all other parts of the premises, in good order and repair, clean, sanitary and safe, including the replacement of equipment, fixtures and any non-standard electrical wiring fixtures or equipment and to paint the interior when 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 premises, or any part 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 contractor’s invoiceaccount of Tenant. Landlord will not In such event, such work shall be liable paid for any damage during tenancy caused by vandalismTenant as Additional Rent promptly upon receipt of a xxxx therefor, including but not limited to broken windows.which shall include amounts for profit and overhead. Illegible ---------- Initials -5-

Appears in 1 contract

Samples: Lease Agreement (Medicode Inc)

Repairs and Maintenance. Xxxxxx has inspected Premises Grantor agrees to keep and acknowledges maintain, and to cause others to keep and maintain, the Collateral in good order, repair and condition at all times while this Agreement remains in effect Grantor further agrees to pay when due all claims for work done on, or services rendered or materiel furnished in connection with the Collateral so that it no lien or encumbrance may ever attach to or be filed against the Collateral Inspection of Collateral- Lender and Lender's designated representatives and agents shell have the right at all reasonable times to examine, audit and inspect the Collateral wherever located. To the extent any of the following types of property are Included in the Collateral, then as often as Lender shall require, in detail satisfactory to Lender. Grantor shall deliver to Lender schedules of accounts and general intangibles, Including, without limitation, names and addresses of account debtors and aging reports, and lists and descriptions of the nature and location of inventory and equipment Taxes, Assessments and Liens. Grantor will pay when due all taxes, assessments and liens upon the Collateral, its use or operation, upon this Agreement, upon any promissory note or notes evidencing the Indebtedness, or upon any of the other Related Documents Grantor may withhold any such payment or may elect to contest any lien if Grantor is in good conditionfaith conducting an appropriate proceeding to contest the obligation to pay and so long as Lender's Interest in the Collateral is not jeopardized in Lender's sole opinion. It the Collateral is subjected to a lien which is not discharged within fifteen 1151 days, free Grantor shall deposit with Lender cash, a sufficient corporate surety bond or other security satisfactory to Lender in an amount adequate to provide for the discharge of defects the lien plus any interest, costs attorneys' fees or other charges that could accrue as a result of foreclosure or sale of the Collateral In any contest Grantor shall defend itself and fit for residential occupancyLender and shall satisfy any final adverse judgment before enforcement against the Collateral. Tenant Grantor shall promptly notify Landlord of name Lender as an additional obligee under any dangerous condition or need for maintenance existing surety bond furnished in Premises or on the Property. Upon receipt of notice from Tenantcontest proceedings Grantor further agrees to furnish Lender with evidence that such taxes, Landlord shallassessments, within a reasonable time period thereafter, repair the following: (1) all defects end governmental and other charges have been paid in Premises or Property which create unsafe living conditions or render Premises untenable; full and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except timely manner Grantor may withhold any such payment or may elect to contest any lien if Grantor is in good faith conducting an appropriate proceeding to contest the obligation to pay and so long as provided above, Xxxxxx agrees to maintain Premises Lender's interest in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but Collateral is not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windows.jeopardized

Appears in 1 contract

Samples: Promissory Note (Keystone Consolidated Industries Inc)

Repairs and Maintenance. Xxxxxx has inspected Premises Costs under contractual agreements or otherwise to maintain and acknowledges that it is repair all physical, mechanical, electrical, HVAC or other systems serving the entire property. Should this lease be in good condition, free of defects and fit for residential occupancy. Tenant shall promptly notify Landlord effect with respect to only a portion of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from calendar year, Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of 's responsibility under this provision shall be paid by pro-rated to accurately reflect Tenant's precise period of occupancy when calculating any monies Tenant may owe to Landlord under this provision. Tenant's obligations to pay operating expenses as additional rent within fourteen (14) days for Tenant's period of occupancy in Tenant's final lease year shall survive the expiration of the receipt Lease Term. Commencing March 1, 2004+/- and on or about the same date every year thereafter, Landlord shall provide Tenant with the previous year's operating expense and real estate tax amounts. Upon Tenant's request, Landlord shall provide Tenant a letter of an invoice certification from Landlord's accounting firm affirming the accuracy of Landlord's operating expenses and real estate tax figures. If requested by Tenant, Landlord shall reasonably provide pertinent receipts and records as proof of that year's operating expenses and real estate taxes. Should Tenant submits a service request or repair request to Landlord's accountant's certification, and the contractor responding to this request on behalf of Landlord if Landlord's accountant determines that the item is working correctlyLandlord's expense figures are materially accurate, Xxxxxx agrees to then Tenant shall reasonably reimburse Landlord for the amount costs of Landlord's accountant certification. However, if Landlord's accountant determines Landlord's expense figures are not materially accurate (within 5.00%+/-), then Tenant shall reasonably reimburse Landlord for the contractor’s invoicecosts of Landlord's accountant certification. In either case, Landlord's certified numbers shall be the actual number for Tenant's operating expense reimbursement determination. Tenant shall pay Landlord will not any amount owed under this provision within thirty (30) days of receipt of the xxxx therefore from Landlord and any such amount owed shall be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowsconsidered additional rent under this lease.

Appears in 1 contract

Samples: Lease Agreement (Cross Country Healthcare Inc)

Repairs and Maintenance. Xxxxxx has inspected Premises and acknowledges that it is in good condition, free of defects and fit for residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises18.1. Landlord shall be responsible repair, maintain and keep in good condition the structural and exterior portions and Common Areas of the Building and the Project, including roofing and covering materials; foundations; exterior walls; plumbing; fire sprinkler systems (if any); heating, ventilating, air conditioning systems; elevators; and electrical systems installed or furnished by Landlord. 18.2. Except for all other plumbing issues between services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shall, upon the street expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and the septic tank or in any plumbing line outside of the Premises which exclusively serves tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises. Tenant shall be responsible for , and repair any damages damage to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoicethereby. Landlord will shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than as described in Exhibit B. 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, 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 protect the Building from injury or damage during tenancy caused and to support the same by vandalismproper foundations, including but not limited 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 broken windowsrepairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Samples: Lease (Infinity Oil & Gas Co)

Repairs and Maintenance. Xxxxxx has inspected Premises Grantor agrees to keep and acknowledges maintain, and to cause others to keep and maintain, the Collateral in good order, repair and condition at all times while this Agreement remains in affect. Xxxxxxx further agrees to pay when due all claims for work done a" , or services. rendered or material furnished in connection with the Collateral so that it no lien or encumbrance may ever attach to or be filed against the Collateral. Inspection of Collateral. Lender and Xxxxxx's designated representatives and agents shall have the right at all reasonable times to examine and inspect the Collateral wherever located. Taxes, Assessments and Liens. Grantor will pay when due all taxes, assessments and liens upon the Collateral, its use or operation, upon this Agreement, upon any promissory note or notes evidencing the Indebtedness, or upon any of the other Related Documents. Grantor may withhold any such payment or may elect to contest any lien if Grantor is in good conditionfaith conducting an appropriate proceeding to contest the obligation to pay and so long as Xxxxxx's Interest In the Collateral Is not jeopardized In Lender's sale opinion. If the Collateral Is subjected to a lien which is not discharged within fifteen (15) days, free Grantor shall deposit with Lender cash, a sufficient corporate surety bond or other security satisfactory to Lender In an amount adequate to provide for the discharge of defects the lien plus any interest, costs, attorneys' fees or other charges that could accrue as a result of foreclosure or sale of the Collateral. In any contest Grantor shall defend itself and fit Lender and shall satisfy any fine[ adverse judgment before enforcement against the Collateral. Grantor shall name Xxxxxx as an additional obligee under any surety bond furnished in the contest proceedings. Xxxxxxx further agrees to furnish Lender with evidence that such taxes, assessments, and governmental and other charges have been paid in full and In a timely manner. Grantor may withhold any such payment or may elect to contest any lien if Grantor is In good faith conducting an appropriate proceeding to contest the obligation to pay and so long as Lender's Interest in the Collateral Is not jeopardized, Compliance with Governmental Requirements. Grantor shall comply promptly with all laws, ordinances, rules and regulations of all governmental authorities, now or hereafter in affect, applicable to the ownership, production, disposition, or use of the Collateral, including all laws or regulations relating to the undue erosion of highly-erodible land or relating to the conversion of wetlands for residential occupancythe production of an agricultural product or commodity. Tenant shall promptly notify Landlord Grantor may contest In good faith any such law, ordinance or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Xxxxxx's interest in the Collateral, in Xxxxxx's opinion, Is not jeopardized. Hazardous Substances, Grantor represents and warrants that the Collateral never has been, and never will be so long as this Agreement remains a lien on the Collateral, used In violation of any dangerous condition Environmental Laws or need for maintenance existing in Premises the generation, manufacture, storage, transportation, treatment, disposal, release or threatened release of any Hazardous Substance. The representations and warranties contained herein are based on Grantor's due diligence In Investigating the PropertyCollateral for Hazardous Substances. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: Grantor hereby (1) all defects releases and waives any future claims against Lender for indemnity or contribution in Premises the event Grantor becomes liable for cleanup or Property which create unsafe living conditions or render Premises untenable; other costs under any Environmental Laws, and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary Indemnify and clean condition free of trash hold harmless Lender against any and debris. All of Tenant’s trash shall be kept in designated trash containers all claims and removed losses resulting from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations a breach of this provision of this Agreement. This obligation to Indemnify shall survive the payment of the Indebtedness and the satisfaction of this Agreement, Maintenance of Casualty Insurance. Grantor shall procure and maintain all risks Insurance, Including without [imitation fire, theft and liability coverage together with such other insurance as Lender may require with respect to the Collateral, in form, amounts, coverages and basis reasonably acceptable to Lender and Issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Xxxxxx, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be paid cancelled or diminished without at least ten (10) days' prior written notice to Lender and not Including any disclaimer of the insurer's liability for failure to give such a notice. Each Insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired In any way by Tenant any act, omission or default of Grantor or any other person. In connection with all policies covering assets in which Lender holds or is offered a security Interest, Grantor will provide Lender with such loss payable or other endorsements as Lender may require. If Grantor at any time falls to Landlord obtain or maintain any insurance as additional rent required under this Agreement, Lender may (but shall not be obligated to) obtain such insurance as Lender deems appropriate, including If Lender so chooses "single interest insurance," which will cover only Xxxxxx's Interest In the Collateral. Application of Insurance Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Collateral, whether or not such casualty or loss is covered by insurance. Lender may make proof of loss If Grantor fails to do so within fourteen fifteen (1415) days of the receipt casualty. All proceeds of an invoice any insurance on the Collateral, Including accrued proceeds thereon, shall be held by Lender as part of the Collateral, If Lender consents to repair or replacement of the damaged or destroyed Collateral, Lender shall, upon satisfactory proof of expenditure, pay or reimburse Grantor from Landlordthe proceeds for the reasonable cost of repair or restoration. If Tenant submits Lender does not consent to repair or replacement of the Collateral, Lender shall retain a service request or repair request sufficient amount of the proceeds to Landlordpay all of the Indebtedness, and shall pay the contractor responding balance to this request on behalf Grantor. Any proceeds which have not been disbursed within six (6) months after their receipt and which Grantor has not committed to the repair or restoration of Landlord determines that the item is working correctly, Xxxxxx agrees Collateral shall be used to reimburse Landlord for prepay the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowsIndebtedness.

Appears in 1 contract

Samples: Change in Terms Agreement (Powin Corp)

Repairs and Maintenance. Xxxxxx has inspected Premises 9.1 The Landlord shall repair and acknowledges that it is maintain in good conditionorder and condition throughout the term of this Lease, free the exterior and structure of defects the Building , including, without limitation, the Building’s roof, walls and fit for residential occupancy. foundation. 9.2 Throughout the term of this Lease the Tenant shall promptly notify Landlord repair and maintain in good order and condition the entire interior of any dangerous condition the Building including all glass in windows, doors or need for maintenance existing in Premises skylights, all parts of the plumbing and electrical systems within or on the PropertyBuilding, and the lighting fixtures within the Building. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of at Tenant’s trash expense, shall be kept in designated trash containers purchase and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includesinstall all lamps (including, but not limited to, replacing any light bulbs incandescent and fluorescent) and ballasts used in the Building. The Tenant agrees to store all trash and garbage within the Building or in “dumpsters” or other receptacles located outside the Building but within the Leased Premises which fail during the Lease Term dumpsters and regularly changing HVAC and fridge filters. Tenant other receptacles shall be provided at Tenant’s expense. The Tenant is responsible for maintenance of all HVAC equipment within or serving the Building. This service will be scheduled by the Landlord and its cost will be included in the additional rent schedule noted above in Paragraph 6.2. 9.3 Notwithstanding the foregoing, each party hereto shall make any clogged plumbing within repairs of any kind necessitated by its own act, default or negligence, or that of its agents, servants, employees, licensees or contractors. In the Premises. event such repairs are necessitated by the act, default or negligence of Tenant, or that of its agents, servants, employees, licensees or contractors, Landlord shall be responsible may first notify Tenant of repair Landlord deems necessary for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlordmake and give Tenant reasonable time to respond. If Tenant submits fails to respond in a service request timely fashion, herein defined as two weeks, Landlord may make or repair request cause the same to Landlordbe made, but shall not be obligated to do so, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx Tenant agrees to reimburse pay the Landlord for promptly upon Landlord’s demand, as Additional Rental, the amount for full cost of such repairs, if made. In the contractor’s invoice. event Landlord will elects not be liable for any damage during tenancy to make such repairs caused by vandalismthe act, including but not limited default or negligence of Tenant, or that of its agents, servants, employees, licensees or contractors, Landlord may require Tenant to broken windowspromptly make such repairs at Tenant’s sole cost and expense.

Appears in 1 contract

Samples: Commercial Lease (Biodel Inc)

Repairs and Maintenance. Xxxxxx has inspected 18.1 Landlord shall repair and maintain the Building and Project, including the structural and exterior portions and Common Areas of the Building and Project, and including roofing and covering materials, the plumbing, fire sprinkler system (if any), water, sewer, heating, ventilating, air conditioning, elevator, and electrical and all mechanical and utility systems, installed or furnished by Landlord in a first-class condition, and to comply with applicable laws. 18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant's sole cost and expense keep the Premises and acknowledges that it is in good conditioncondition and repair, free damage thereto from causes beyond the reasonable control of defects Tenant and fit for residential occupancyordinary wear and tear excepted. Tenant shall promptly notify upon the expiration or sooner termination of the term hereof surrender the Premises to Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neatsame condition as when received, sanitary ordinary wear and clean condition free tear damage from causes beyond the reasonable control of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premisesexcepted. Landlord shall be responsible for all other plumbing issues between have no obligation to alter, remodel, improve, repair, decorate or paint the Premises and or any part thereof during the street term or the Premises and the septic tank or in any plumbing line outside extended term of the Premises which exclusively serves the PremisesLease. Tenant Landlord shall be responsible for also maintain and repair any damages damage to the Premises and/or Property caused by Xxxxxx’s abuse Landlord or neglect its agents or employees' negligence, fault or breach of the Premises/Property. Any expenses incurred by duty. 18.3 Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused failure to make any repairs or 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. Except as provided in Articles entitled, "Damage or Destruction" and "Eminent Domain" or as otherwise provided in this Lease, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the rights under Section 1941 and 1942 of the California Civil Code or under any law, statute or ordinance now or hereafter in effect to make repairs at Landlord's expense. 18.4 Repairs and maintenance under this Article 18 which are obligations of Landlord are subject to allocation among tenants as Operating Expenses. However, if the repairs or maintenance are required in whole or in part because of any neglect, fault of or omissions of any duty by Tenant, its agents or employees, and the cost of such maintenance and repair is not covered by insurance maintained by Landlord, Tenant shall pay to Landlord the entire cost of such maintenance and repairs, not just its Pro Rata Share. 18.5 This Article 18 relates to repairs and maintenance arising in ordinary course of operation of the Building and any related facilities. In the event of fire, earthquake, flood, vandalism, including but war, or similar cause of damage or destruction this Article 18 shall not limited to broken windowsbe applicable and the provisions of Article 22 entitled "Damage or Destruction" shall apply and control.

Appears in 1 contract

Samples: Lease (Genetronics Biomedical LTD)

Repairs and Maintenance. Xxxxxx has inspected The Landlord shall maintain the foundation, exterior walls (with the exception of glass; windows; doors; door closure devices; window and door frames; molding; locks and hardware) and exterior painting or other treatment of exterior walls, and the roof of the Leased Premises and acknowledges that it is in good condition, free repair except that the Landlord shall not be required to make any repairs resulting from the negligence or acts of defects and fit for residential occupancy. Tenant shall promptly notify Landlord negligence on behalf of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shallits staff, within a reasonable time period thereafteremployees, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; sublessees, licensees and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepairconcessionaires. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. The Tenant shall be responsible for any clogged plumbing within maintenance of the Premisescommon areas and common area equipment and furnishings. Any such repairs and/or maintenance for which the Landlord would be responsible, the Tenant agrees to provide Landlord with written notice of the needed repairs and/or maintenance, and Landlord shall ensure that any repairs and/or maintenance covered hereunder shall be responsible for all other plumbing issues between the Premises made and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premisescompleted within a reasonable time frame. Tenant shall notify the Landlord of any emergency repairs to be responsible made. Tenant shall keep the interior of the leased Premises in good, clean and workable condition and shall, at its sole expense, make all needed repairs and replacements, including replacement of cracked or broken glass, windows, doors, door closure devices, door and window frames, molding, locks and hardware, except for repairs and replacements required to be made by the Landlord under this section. In the event that any repairs required to be made by the Tenant hereunder are not made within 30 days after written notice delivered to the Tenant by the Landlord, the Landlord shall reserve the right and option to make or have said repairs made without liability to the Landlord for any damages loss or damage which may result by reason of such repairs, and the Tenant shall pay to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord Landlord, upon demand as additional rent within fourteen (14) days hereunder, the cost of such repairs. At the receipt termination of this Lease, Tenant shall deliver the Leased Premises in good order and condition, normal wear and tear excepted. Normal wear and tear meaning the deterioration which results from normal use and not as an invoice from Landlord. If Tenant submits a service request act of carelessness, neglect, accident or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowsabuse.

Appears in 1 contract

Samples: Triple Net Commercial Lease Agreement (Advanced Container Technologies, Inc.)

Repairs and Maintenance. Xxxxxx has inspected (i) Unless otherwise expressly provided, Landlord shall not be required to make any improvements, replacements or repairs of any kind or character to the Leased Premises and acknowledges that it is in good condition, free during the term of defects and fit for residential occupancythis Lease. Tenant shall promptly notify Landlord maintain the roof, foundation, parking area, and structural soundness of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: exterior walls (1) including all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects whichoverhead doors, if not correctedany, will leave Premises or Property and entrance doors, if any) of the building in a state of disrepairgood repair and condition except for reasonable wear and tear. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary Tenant shall repair and clean condition free of trash and debris. All of pay for any damage caused by Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each weeknegligence or default. Tenant obligation shall maintain, repair, and replace, if necessary all equipment and/or monitoring as related to maintain the Premises includesfire sprinklers/fire alarm monitoring, but not limited toair conditioning and heating equipment, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premisesmaintaining current code requirements regarding same. Landlord is not responsible for any maintenance nor repair during the term of this Lease. (ii) The Tenant shall pay for all sewage disposal services, water, gas, heat, electric current and other utilities furnished it or consumed by it, in or upon the Leased Premises at rates set by local public utility as approved by Public Authority having jurisdiction, and will keep the interior of the Leased Premises and appurtenances, in good order and repair, and in a clean, safe, and healthy condition (excepting, however, all repairs made necessary by reason of fire or other unavoidable casualty) at its own cost and expense. (iii) All glass, both exterior and interior of said Premises is at the sole risk of Tenant, and any glass broken during the term of this Lease is to be promptly replaced with glass of the same kind and quality at the expense of Tenant. (iv) Tenant shall also be responsible for all interior maintenance including interior walls, cleaning, and pest control. Tenant shall also be responsible for routine maintenance, and replacement if necessary, of the heating ventilation and air conditioning (HVAC) system and shall maintain it at all times at Tenant’s expense. Landlord shall have the right, from time to time, to request a copy of said HVAC routine maintenance agreement. Tenant also shall be responsible for replacement of all other interior lights which burn out including ballasts, if necessary, repair of plumbing issues between the Premises fixtures and the street cleaning stopped-up drains. (v) Tenant shall, at its own cost and expense, repair or the Premises and the septic tank replace any damage or in injury to all or any plumbing line outside part of the Leased Premises which exclusively serves caused by Tenant or Tenant’s agents, employees, invitees, licensees or visitors; provided, however, if Tenant fails to make repairs or replacements promptly, Landlord may, at its option, make the repairs or replacements and Tenant shall reimburse the cost thereof to Landlord on demand. (vi) Tenant shall not allow any damage to be committed on any portion of the Leased Premises, and at the termination of this Lease, by lapse of time or otherwise. Tenant shall be responsible for deliver the Leased Premises to Landlord in as good condition as at the first possession of Tenant, ordinary wear and tear excepted. The cost and expense of any damages repairs necessary to restore the Premises and/or Property caused by Xxxxxx’s abuse or neglect condition of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision Leased Premises shall be paid borne by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to LandlordTenant, and if Landlord undertakes to restore the contractor responding to this request on behalf Leased Premises, it shall have a right of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowsreimbursement against Tenant.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Spacehab Inc \Wa\)

Repairs and Maintenance. Xxxxxx has inspected Tenant will, at Tenant’s sole cost and expense, keep the Demised Premises and acknowledges that it is in good conditionrepair and tenantable condition during the term of this Lease. The repair and maintenance of the whole of the Demised Premises, free including without limitation, the nonstructural interior portions of defects the Demised Premises; including storefronts, windows, doors, floor covering, plumbing, ventilation, heating and fit air conditioning systems, shall be the sold responsibility of Tenant at Tenant’s expense. Tenant will, at the termination of this Lease, by lapse of time or otherwise, surrender the Premises in the same condition as when received, reasonable wear and tear expected, and shall surrender all keys for residential occupancythe Premises to Landlord. Tenant shall promptly notify remove all its trade fixtures, leased equipment and any alterations or improvements which Landlord of requests to be removed before surrendering the Premises as aforesaid and shall repair any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) damage to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepaircaused thereby. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain observe or perform this covenant shall survive the Premises includes, but not limited to, replacing any light bulbs which fail during expiration or other termination of the Lease Term and regularly changing HVAC and fridge filtersterm of the Lease. Tenant shall be responsible at its own cost and expense, enter into an annual contract for any clogged plumbing within regularly scheduled preventive maintenance and repair, with a licensed maintenance contractor approved by Landlord, for servicing and repair of all heating and air conditioning systems and equipment serving the Premises. Not later than thirty (30) days following the commencement of this Lease and annually thereafter. Tenant shall furnish to Landlord a xxx of the air conditioning maintenance contract described above and proof that the annual premium for the maintenance has been paid. The service contract must include all services suggested by the equipment manufacturer. The maintenance contractor shall be responsible for keep a detailed record of all other plumbing issues between services performed on the Premises and prepare a yearly service report to be furnished to Tenant and Landlord at the street end of each calendar year. Landlord may, but shall not be required to, upon notice to Tenant, elect to enter into such maintenance/service contract on behalf of Tenant or perform the Premises work itself, and in either case, charge Tenant therefore, together with a reasonable charge of overhead. Landlord agrees to repair and maintain in good order and condition the roof, roof drains, exterior walls, parking lots, landscaping, exterior lighting and the septic tank or in any plumbing line outside structural integrity of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect interior and exterior of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windows.

Appears in 1 contract

Samples: Industrial Lease Agreement (Pc Universe Inc)

Repairs and Maintenance. Xxxxxx has inspected 11.01. Tenant, at its expense, shall maintain the interior of the Demised Premises in good condition and, subject to Landlord's rights under Section 11.02, shall promptly make (i) all nonstructural repairs within the Demised Premises (excluding electrical lines, plumbing lines, sprinklers, HVAC system, and the exterior windows) necessary to maintain such condition, provided such repairs are not necessitated by the fault of Landlord, its agents, employees, contractors or invitees, and (ii) all structural repairs to the Building or improvements on the Development, as well as all repairs to the nonstructural items excluded above, necessitated by the fault of Tenant, its agents, employees, contractors, or invitees, or by the making of any Alterations. Landlord, at its expense, shall make all repairs and replacements for which Tenant is not responsible that are necessary to maintain the Demised Premises and acknowledges that it is Building in good condition. 11.02. Landlord shall give Tenant reasonable notice of Landlord's intention to make repairs for which Landlord is responsible and shall so make them as to minimize interference with Tenant's business operations and access to the Premises to the extent within Landlord's reasonable control (although Landlord shall not be obligated to make such repairs before or after Business Hours, free of defects and fit for residential occupancyas hereinafter defined) provided Landlord uses reasonable efforts to complete such repairs in a timely fashion. Tenant shall promptly notify give Landlord and other affected tenants in the Building reasonable notice of Tenant's intention to make repairs for which Tenant is responsible and shall so make them as to minimize interference with Landlord's and other tenants' business operations and with the operation and maintenance of the Building, and Tenant shall not be obligated to make such repairs during Business Hours provided Tenant uses its reasonable efforts to complete such repairs in a timely fashion. Notwithstanding the foregoing provisions of this Section, in the event Tenant has not acted in a timely manner or in the event the area requiring any dangerous condition or need for maintenance existing in Premises or on such repairs encompasses more than just the Property. Upon receipt of notice from TenantPremises, Landlord shallmay, within a on written notice to Tenant and at Tenant's expense, elect to perform any repair for which Tenant is responsible, whereupon Tenant shall deposit with Landlord the amount estimated by Landlord to be the reasonable time period thereaftercost of such repairs, repair subject to refund to Tenant or additional payment to Landlord when the following:actual cost is determined at the completion of the repairs. (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; 11.03. Provided Landlord complies with its obligations under Articles 11.01 and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided 11.02 above, Xxxxxx agrees Landlord shall not be liable to maintain Premises Tenant for any inconvenience, annoyance or interruption of or injury to business arising from Landlord's making repairs or alterations, storing material or performing any work in the neatDemised Premises, sanitary Parking Area, Building, or Development, and clean condition free the same shall not constitute a default of trash Landlord or a partial or constructive eviction or entitle Tenant to any rent abatement (except as may be otherwise provided in Articles 18 and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes19), but not limited toprovided, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. however, that Landlord shall be responsible to Tenant for all other plumbing issues between the Premises damage to Tenants' Property and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages bodily injury to Tenant's employees, but solely to the Premises and/or Property extent directly caused by Xxxxxx’s abuse the gross negligence or neglect wilfull misconduct of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, its agents, or contractors in the performance of repairs and the contractor responding maintenance pursuant to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowsArticle 11.

Appears in 1 contract

Samples: Lease Agreement (Penwest Pharmaceuticals Co)

Repairs and Maintenance. Xxxxxx has inspected 9.1 Landlord shall maintain and repair the foundation and exterior walls of the Premises at its own cost and acknowledges expense, provided, however, that it if any maintenance or repair work for the foundation and exterior walls of the Premises is in good conditionrequired as a result of any negligence or willful misconduct of Tenant or any of Tenant’s agents, free of defects employees, shippers, customers, invitees or contractors, such work shall be at Tenant’s sole cost and fit for residential occupancyexpense. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, maintain and repair the following: exterior paint and roof of the Premises. Landlord shall repair and replace the entire roof of the Building and shall provide Tenant with the benefit of at least a ten (110) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to year warranty for the new roof. To the extent required that roof repairs are covered by state lawthe roof warranty, Tenant shall receive the benefit of such warranty. Further, Tenant shall maintain and repair the asphalt paving and the concrete paving of the Tenant Yard Area. Tenant shall keep all other defects which, if not corrected, will leave Premises or Property in a state portions and components of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes(including, but not limited towithout limitation, replacing any light bulbs which fail all plumb­ing, HVAC systems, electrical and lighting systems, ceilings, plate glass and skylights) in working order, good condition and repair during the Lease Term and regularly changing HVAC and fridge filtersany Extended Term. Without limiting the generality of the foregoing, Tenant shall perform all maintenance detailed in Paragraph K (mechanical service controls) of the Performance Standards of Xxxxxx Land Company attached hereto as Exhibit A. Tenant shall promptly replace any portion of the Premises or system or equipment in the Premises which cannot be repaired to its condition as of the Commencement Date hereof, regardless of whether the benefit of such replacement extends beyond the Lease Term or any Extended Term. Tenant shall maintain the Premises in an orderly and operative condition, ordinary wear and tear excepted (but provided that all components of the building shall at all times be responsible for any clogged plumbing within the Premiseskept in working order). Landlord shall be responsible maintain the exterior landscaping for all other plumbing issues between the Premises in accordance with Landlord’s then-prevailing landscape maintenance standards, and the street or amount by which the Premises cost of such landscape maintenance work exceeds the Annual Landscape Base Amount of Twenty Six Thousand One Hundred Ninety Six and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision 00/100ths Dollars ($26,196.00) shall be paid by Tenant to Landlord as additional rent rent. Such payments shall be made by Tenant within fourteen ten (1410) days of the following Tenant’s receipt of an invoice from Landlord. Tenant waives the provisions of any law permitting Tenant to make repairs at Landlord’s expense. 9.2 All of Tenant’s obligations to maintain and repair the Premises shall be accomplished at Tenant’s sole expense. If Tenant submits fails to maintain and repair the Premises, Landlord may, at its election, notify Tenant of Tenant’s obligation to undertake such repair and maintenance work. If Tenant fails to commence such work within fourteen (14) days of receipt of such notice Landlord may enter the Premises and perform any such work on behalf of Tenant. In the event of an emergency Landlord may enter the Premises and perform such repair and maintenance on behalf of Tenant. In any such case, Tenant shall reimburse Landlord for all reasonable costs so incurred immediately upon demand, together with interest thereon at the “Lease Interest Rate” (as defined in Paragraph 26.25, below). Landlord’s right to perform maintenance and repair work pursuant to this Paragraph 9.2 shall not be deemed to create any obligation on the part of Landlord to do so, and shall not in any way limit Landlord’s remedies under this Lease. Any design or construction work undertaken by or at the direction of Tenant which affects the Premises or any improvements constituting a service request part of the Premises (including, without limitation, any repair work, maintenance work, tenant improvement work or repair request restoration work) shall be performed by duly qualified and properly licensed and insured design professionals or contractors (as the case may be) reasonably satisfactory to Landlord. Tenant shall submit the names of any such design professionals and contractors to Landlord prior to the commencement of any construction work on the Premises. If Landlord, acting reasonably and in good faith, disapproves of any design professional or contractor selected by Tenant, Tenant shall select a new design professional or contractor reasonably satisfactory to Landlord. 9.3 Upon the expiration or sooner termination of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in the contractor responding same condition as received, except for ordinary wear and tear which Tenant is not otherwise obligated to remedy under any provision of this Lease. Any damage to, or deterioration of, the Premises shall be deemed not to be ordinary wear and tear if the same could have been prevented by good maintenance practices. In addition, Landlord may require Tenant to remove any alterations, additions or improvements to the Premises (whether or not made with Landlord’s consent) prior to the termination of the Lease and to restore the Premises to its prior condition, or Landlord may perform such removals and restorations itself, all at Tenant’s expense. All alterations, additions and improvements which Landlord has not required Tenant to remove or which Tenant has not elected to remove, as provided herein, shall become Landlord’s property and shall be surrendered to Landlord upon the expiration or sooner termination of the Lease, except that Tenant may remove any of Tenant’s machinery or equipment which can be removed without damage to the Premises. If, whether in violation of this Lease or pursuant to Landlord’s permission (which may be granted or withheld in Landlord’s sole and absolute discretion), Tenant installs any “Underground Storage Tanks” (as defined herein) on the Premises, Tenant shall, at its sole cost and expense, remove any such Underground Storage Tanks immediately upon the request on behalf of Landlord determines that Landlord, the item is working correctlyexpiration or sooner termination of this Lease, Xxxxxx agrees or the order of any governmental authority, whichever occurs first. Notwithstanding any provisions of this Lease to reimburse Landlord the contrary, such Underground Storage Tanks shall at all times be and remain the property of Tenant. As used herein, the term “Underground Storage Tank” means any one or combination of tanks, including all pipes, sumps, valves and other equipment connected thereto, which are used for the amount for storage of petroleum products, hydrocarbon substances or fractions thereof, or other Hazardous Materials, and which are located wholly or partially beneath the contractorsurface of the ground. Tenant shall repair, at Tenant’s invoice. Landlord will not be liable for expense, any damage during tenancy to the Premises caused by vandalism, including but not limited to broken windowsthe removal of any such machinery or equipment.

Appears in 1 contract

Samples: Lease (Hansen Natural Corp)

Repairs and Maintenance. Xxxxxx has inspected (a) Any maintenance, repair, or replacement obligations with respect to the Subleased Premises which are the responsibility of the Sublandlord, as tenant under the Prime Lease, shall be performed by Subtenant at Subtenant's sole cost and acknowledges expense. Subtenant agrees that it will notify Sublandlord promptly of the need for any maintenance, repair, or replacement to the Subleased Premises even if Sublandlord is not responsible for such repair. Notwithstanding anything contained herein to the contrary, in good conditionthe event that a condition exists in the Subleased Premises that Prime Landlord is obligated to perform maintenance or repair or replacement under, free the terms of defects the Prime Lease, Subtenant shall so advise Sublandlord, and fit for residential occupancy. Tenant Sublandlord, in turn, shall promptly notify advise Prime Landlord thereof. Sublandlord's limited obligations in connection with Prime Landlord's failure to make or improperly making any such maintenance, repair, or replacement is governed by Section 6 of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following:this Sublease. (1b) Subtenant shall be solely responsible for the maintenance, repair, and replacement of all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises equipment in the neatSubleased Premises, sanitary whether supplied by Sublandlord or Subtenant. Attached to this Sublease as Exhibit I, is a list indicating all equipment, fixtures, and clean condition free personal property for use in the Subleased Premises that shall be provided by the Sublandlord, and all equipment, fixtures, and personal property for use in the Subleased Premises that shall be provided by the Subtenant. Subtenant shall be solely responsible for the maintenance, repair, and replacement of trash all equipment, fixtures, and debrispersonal property in the Subleased Premises during the Term (as defined herein), regardless of whether such equipment, fixtures, and personal property was initially provided and is currently owned by the Sublandlord or the Subtenant. All such equipment, fixtures, and personal property are and shall remain the personal property of Tenant’s trash shall be kept in designated trash containers the Sublandlord, regardless of whether such equipment, fixtures, and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street personal property was initially provided by Sublandlord or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowsSubtenant.

Appears in 1 contract

Samples: Sublease Agreement

Repairs and Maintenance. Xxxxxx has inspected Premises Landlord will repair and acknowledges that it is in good condition, free of defects and fit for residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includesstructural components of the Building, but not limited tothe basic Building core, replacing any light bulbs the basic Building facilities systems which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between pass through the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoiceCommon Areas. Landlord will not be responsible for maintenance or repair of improvements made by or at the request of Tenant that are not Building Standard (which term, as used herein and herein so called, shall mean the level or type of service or equipment standard in the Building or the type, brand or quality of materials Landlord designates from time to time to be the minimum or exclusive type, brand or quality to be used in the Building), it being hereby agreed that Tenant shall be solely responsible for the cost of maintenance or repair of any non-Building Standard improvements made by or at the request of Tenant. Tenant will, at Tenant's expense, take good care of and maintain the Premises in good order, condition and repair, except as provided in the preceding sentence. Tenant will be liable for any damage during tenancy caused to the Premises or to any other part of the Building which arises out of any act, omission, misuse or neglect of Tenant or any of Tenant's subtenant's, employees, agents, contractors or invitees entering upon the Premises. Tenant, at Tenant's expense, will promptly replace all scratched, damaged or broken doors and glass in and about the Premises and will be responsible for all repairs, maintenance and replacement of wall and floor coverings in the Premises and replacement of all non-Building Standard (it being the agreement of Landlord that Landlord shall replace, at Landlord's expense, any Building Standard lighting in the Premises) light bulbs and fluorescent tubes in the Premises. Any repairs in or to the Premises or the Building for which Tenant is responsible will, only after Landlord's receipt of written request therefor, be performed by vandalism, Landlord at Tenant's expense (including but not limited to broken windowsLandlord's supervision fee under Section 4.9 hereof).

Appears in 1 contract

Samples: Office Lease Agreement (Jamba, Inc.)

Repairs and Maintenance. Xxxxxx has inspected 15.01 Tenant shall take good care of the Demised Premises. Tenant, at its expense, but subject to the provisions of Section 11.03, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and acknowledges that it is the Building, as shall be required by reason of (i) the performance or existence of Tenant's Work or Tenant's Changes, (ii) the installation, use or operation of Tenant's Property in good conditionthe Demised Premises, free (iii) the moving of defects and fit for residential occupancy. 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 promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within of such repairs as are required by reason of Landlord's neglect or other fault in the Premisesmanner of performing any of Tenant's Work or Tenant's Changes which may be undertaken by Landlord for Tenant's account or are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or contractors. Except if required by the neglect or other fault of Landlord or its employees, agents or contractors, Tenant, at its expense, but subject to the provisions of Section 11.03, shall replace all materially damaged or broken doors or other glass in or about the Demised Premises and shall be responsible for all other plumbing issues between repairs, maintenance and replacement of wall and floor coverings in the Demised Premises and, for the repair and maintenance of all lighting fixtures therein. All repairs, except for emergency repairs, made by Tenant as provided herein shall be performed by contractors or subcontractors approved in writing by Landlord prior to commencement of such repairs, which approval shall not be unreasonably withheld, conditioned or delayed. In the event that Landlord fails to respond to Tenant within ten (10) business days with respect to a request for approval of a contractor or subcontractor, Tenant shall send to Landlord a notice (hereinafter referred to as the "ADDITIONAL NOTICE") which shall state that unless Landlord responds to the request for approval of such contractor or subcontractor within five (5) days after receipt of the Additional Notice, Landlord's approval of such contractor or subcontractor shall be deemed granted and, in the event Landlord fails to respond to such Additional Notice within five (5) days of receipt thereof, Landlord will be deemed to have approved such contractor or subcontractor. 15.02 Landlord, at its expense, shall keep and maintain the Building and its fixtures, appurtenances, systems and facilities serving the Demised Premises and all common areas of the street Building, in good working order, condition and repair, consistent with other first-class office buildings in the vicinity of the Building which are approximately the same size and age as the Building, and shall make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the Demised Premises, except for those repairs for which Tenant is responsible pursuant to any other provisions of this lease. 15.03 Except as expressly otherwise provided in this lease, Landlord shall have no liability to Tenant by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord, Tenant or others making or failing to make any repairs or changes which, with respect to Landlord, Landlord is required or permitted by this lease, or 49 53 required by law to make, in or to any portion of the Building or the Premises and the septic tank Demised Premises, or in any plumbing line outside or to the fixtures, equipment or appurtenances of the Premises which exclusively serves Building or the Demised Premises. , provided that Landlord shall use due diligence in making any repairs and shall perform such repair work, except in case of emergency, at times reasonably convenient to Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect and otherwise in such manner as will not materially interfere with Tenant's use of the Premises/Property. Any Demised Premises or access thereto; provided, however, that, except as specified below, Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or expenses incurred whatsoever, except that Landlord, at its expense (but subject to inclusion as an Operating Expense as defined in Article 5 hereof), shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any repair required to be made by Landlord it hereunder to remedy any violations condition that (i) results in a denial of this provision access to the Demised Premises, (ii) threatens the health or safety of any occupant of the Demised Premises, or (iii) except in the case of casualty, materially interferes with Tenant's ability to conduct its business in the Demised Premises. In all other cases, at Tenant's request and expense, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates and incur any other overtime costs or expenses in making any repairs, alterations, additions or improvements, provided that if more than one tenant requests such overtime work, the overtime costs therefore shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowsshared pro-rata among such tenants.

Appears in 1 contract

Samples: Lease Agreement (Bolt Inc)

Repairs and Maintenance. Xxxxxx has inspected a. Tenant shall, throughout the Term and at Tenant's sole cost and expense, keep and maintain the Premises in a neat and acknowledges that it is orderly condition; and, upon expiration of the Term, Tenant shall leave the Premises in good order and condition' ordinary wear and tear, free damage by fire or other casualty (which fire or other casualty has not occurred through the negligence of defects Tenant or those claiming under Tenant or their agents, employees or invitees, respectively) alone excepted, and fit for residential occupancythat purpose and except as stated, Tenant will make all necessary repairs and replacements. Tenant shall promptly notify Landlord of not permit any dangerous condition waste, damage or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) injury to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible not use or permit the use of any portion of the common areas for other than their intended use as specified by the Landlord from time to time. b. Landlord shall, throughout the Term, make all necessary repairs to the structural elements of the Premises and other improvements located on the Property; provided, however, that Landlord shall have no responsibility to make any damages repairs unless and until Landlord receives written notice of the need for such repair. 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 and rubbish and shall keep and maintain all landscaped areas within the Property in a neat and orderly condition. c. Notwithstanding the foregoing, repairs and replacements to the Premises and/or and the Property arising out of or caused by Xxxxxx’s abuse Tenant's use, manner of use or neglect occupancy of the Premises/Property. Any expenses incurred Premises (normal wear and tear excepted), by Landlord to remedy Tenant's installation of alterations, additions, improvements, trade fixtures or equipment in or upon the Premises or by any violations act or omission of this provision Tenant or any employee, agent, contractor or invitee of Tenant shall be paid by made at Tenant's sole cost and expense and Tenant to shall pay Landlord the cost of any such repair or replacement, as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to LandlordAdditional Rent, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowsupon demand.

Appears in 1 contract

Samples: Office Space Lease (U S Interactive Inc/Pa)

Repairs and Maintenance. Xxxxxx has inspected 4.01. Lessee shall, throughout the term of this lease and any extensions of such term at, its own expense and risk, maintain any and all improvements to the Leased Premises and acknowledges that it is in good and proper working order and condition, free of defects and fit for residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken making all repairs and replacements necessary to keep such improvements in such condition. All maintenance, repairs and replacements required by this section must be performed promptly when required and in a manner that will not cause depreciation in the value of the premises. Lessee shall be responsible to maintain all improvements to the office areas of the demised premises including but not limited to ceilings, walls, flooring, lighting, electrical systems within the demised Leased Premises, toilets, plumbing systems within the demised Leased Premises, HVAC distribution system within the demised Leased Premises system, doors and windows. Common areas within the Leased Premises and common area access ways within the Leased Premises shall be the Lessee’s responsibility to maintain in good and proper working order and to affect all repairs as required to properly maintain the areas. Lessor shall, throughout the term of the lease and all exercised option terms that may be in effect, maintain and repair all structural components of the building including roof, exterior walls, (excluding windows) slabs, and foundations and all major building systems supplying services to the building including but not limited to electric, storm sewer, sanitary sewer, HVAC electric, gas, fire water and domestic water in good and proper working order. 4.02. In the event Lessor or Lessee fails to perform its respective obligations to repair, replace or maintain, as set forth in Paragraph 4.01 above, after due and proper written notice from the other party of the need for such repair, replacement, or maintenance and the passage of a reasonable amount of time, but in no event longer than 30 days, for performance after such notice either party may enter the Premises and make such repairs or replacements, or perform such maintenance or cause such repairs, replacements to be made, or maintenance to be performed, at its own expense to be reimbursed by the other party. Upon either party’s notice to the other party of the performance and cost of any maintenance, repairs, or replacements pursuant to this section, subject party must immediately reimburse the other party for any reasonable costs incurred by the party making the repairs pursuant to this section, together with fifteen percent (15%) xxxx up to cover the parties administration and management costs associated with performing the work.

Appears in 1 contract

Samples: Commercial Lease (Pure Earth, Inc.)

Repairs and Maintenance. Xxxxxx has inspected Premises The Institute shall repair defects, which arise from ordinary wear and acknowledges that it is in good conditiontear, free at the Institute’s expense. Without limitation, all defects caused by the acts or omissions of defects Resident, Resident’s guests or invitees, will be so charged to Resident, including the cost of repair to or clearing of waste pipes and fit for residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafterdrains, repair the following: (1) all defects in Premises to water pipes, plumbing fixtures, or Property which create unsafe living conditions overflow therefrom caused by negligent or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street improper usage or the Premises and introduction of articles or materials into the septic tank or in any plumbing line outside of system for which the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlordsystem was not intended, and including the contractor responding to this request on behalf cost of Landlord determines that the item is working correctlyrepair or replacement of damaged or missing furniture, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoicefixtures, appliances or equipment. Landlord will The Institute shall not be liable for failure to make any damage repair unless Resident has given to the Institute written notice of the need for repair and the Institute has had a reasonable amount of time to make the repair. Upon the expiration or termination of this License Contract, Resident shall return the Premises to the Institute in the same condition as received less reasonable wear and tear. ALTERATIONS Resident shall not make, nor suffer to be made, any alterations to the Premises, or any part thereof, without the Institute’s prior written consent. Without limitation, “alterations” include painting, installing antenna or satellite dish, placing or displaying signs, or using fastening devices. If Premises come furnished, the Institute will not remove or store furnishings provided in the Premises. PERSONAL PROPERTY Resident assumes all risks for personal property in Institute Housing, or any facility managed by the Housing Office. The Institute does not insure Resident’s personal property. If Resident wishes to insure his or her personal property, he or she shall obtain and maintain the insurance. STORAGE The Institute does not provide free storage, and is not responsible for providing storage space for Resident’s belongings. Resident is fully responsible, and assumes all risks for personal items left in facilities. At no time is the Institute responsible for such items. PETS Resident is not permitted to maintain pets except as provided by Caltech’s Pet Policy found at xxxx://xxx.xxxxxxx.xxxxxxx.xxx/. CLEANING Room or off-campus house cleaning services will be provided once per term during tenancy caused the academic year. The cleaning consists of light vacuuming, emptying trash containers and wiping the sink. Resident may obtain a cleaning schedule from the appropriate custodial office. Resident may request additional cleaning from the Housing Maintenance Office for a fee. Non-Caltech custodial vendors are not permitted to clean student rooms. KEYS If Premises requires a key, one key will be issued to Resident. Resident agrees not to duplicate or loan any key, and to return all residential keys issued upon termination of this License Contract. Non-returned keys may require re-keying of Premises and the re-keying will be charged to Resident. GUESTS Resident may have an overnight guest for a maximum of three nights per month. Institute guest policy is a privilege and can be rescinded. FURNITURE, FIXTURES AND EQUIPMENT Resident acknowledges receipt in good condition of the carpeting/flooring, window coverings, furniture/furnishings and a smoke detector, without warranty, expressed or implied, by vandalismthe Institute as to its condition or fitness. Resident shall not alter the Premises’ fixtures, including but not limited furnishings or equipment without consent of the Institute. Upon the expiration or termination of this License Contract, Resident shall return the Premises, together with Institute’s furniture, fixtures and equipment to broken windowsInstitute in the same condition as when received, less reasonable wear and tear. Resident waives the provisions of California Civil Code Section 1957, if applicable.

Appears in 1 contract

Samples: Undergraduate Student Dormitory License Contract

Repairs and Maintenance. Xxxxxx has inspected Premises and acknowledges that it 3.1 OVERVIEW 13. The property named above is accepted by the Lessee in good condition. Xxxxxx acknowledges that at the start of the lease agreement, the premises is free of defects mold and fit for residential occupancymold related conditions. Tenant shall promptly In the event mold, water leaks or water damage is discovered, Lessee must notify Landlord of any dangerous condition or need for landlord immediately by submitting a maintenance existing in Premises or on request online via the Propertytenant portal. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees if a problem is found to maintain Premises in the neat, sanitary and clean condition free give landlord a minimum of trash and debris30 calendar days to remedy. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any Any damages to the Premises and/or Property caused by property being leased must be reported to the Lessor online through the tenant portal within seven days of taking possession of the property. The Lessee further agrees to allow no damages to occur to the property. All problems/repairs must be reported to Leparulo Properties in writing. For Xxxxxx’s abuse or neglect convenience Lessee may submit maintenance requests thru Lessor’s website at xxx.xxxxxxxxxxxxxxxxxx.xxx Reported damages which are the result of ordinary wear and tear will be repaired by LPI. Damages which are the result of the Premises/Property. Any expenses incurred negligence of the Lessee or the Lessee’s guests, licensee’s or invitees will be repaired by Landlord LPI, but will be billed to remedy any violations of this provision shall the Lessee and must be paid by Tenant to Landlord as additional rent within fourteen (14) days the Lessee immediately. Examples of repairs which are not the result of ordinary wear and tear and which will be the responsibility of the receipt Lessee are: air conditioning repairs caused by not changing air conditioning filters monthly, sewer blockages (other than roots in the sewer line), broken glass (regardless of an invoice from Landlordcause), frozen pipes, broken or missing screens and/or any other damage which is caused by the actions or the inactions of the Lessee. If Tenant submits the property includes a service request or repair request to Landlordrefrigerator with an ice maker and/or water line, and the contractor responding ice maker and/or water line are found to this request on behalf of Landlord determines that be non- functional, the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord refrigerator will not be liable replaced as long as the unit is otherwise functional. Leparulo Properties is NOT responsible for changing water filters in refrigerators. Tenant will do this at their expense. 14. The Lessor or his agents may enter the premises at any damage time to make emergency repairs or during tenancy caused normal daylight hours to inspect, repair, or maintain the property, or to show the premises to prospective tenants, or buyers, or other agents deemed appropriate by vandalismLessor. Lessor will give Lessee at least 12 hours’ notice to entering property unless it is deemed an emergency then Lessor is authorized to enter at any time. Phone, including but text or e-mailed messages are considered notice. Lessor is not limited to broken windows.responsible for Lessee not checking messages. X Initial Here

Appears in 1 contract

Samples: Lease Agreement

Repairs and Maintenance. Xxxxxx has inspected 15.01 Tenant shall maintain the Demised Premises (including Tenant's equipment, personal property and acknowledges that it trade fixtures located in the Demised Premises) in their condition at the time they were delivered to Tenant, reasonable wear and tear excepted, except for damage by casualty which Tenant is not required to restore hereunder. Tenant shall, at Tenant's sole cost and expense, make all interior non-structural repairs to the Demised Premises as and when needed to preserve the Demised Premises in good conditioncondition and working order, free of defects and fit for residential occupancydamage from casualty excepted. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers responsible for operating, maintaining, and removed from repairing the Premises at least once each week. Tenant obligation to maintain the Premises includesBuilding including, but not limited to, replacing maintenance, repairs and replacements including all structural and non-structural repairs; maintenance, repair and replacement of all Building systems including, but not limited to, electrical and plumbing; all roof repairs and replacement (including snow removal from the roof, if required, and any light bulbs which fail during roof drainage systems); maintenance, repairs and replacement of the Lease Term parking areas, driveways and regularly changing HVAC sidewalks; maintenance of the Land and fridge filtersgrounds; and ice and snow removal. Tenant shall be responsible pay as Additional Rent under the terms set forth in Article 5 of this Lease Tenant's Proportionate Share of all costs incurred by Landlord for any clogged plumbing within the Premisesmaintenance and repairs set forth in the preceding sentence. Except if required by the negligence or other fault of Landlord or its employees, agents or contractors, Tenant, at its expense, shall replace all scratched, damaged or other glass in or about the Demised Premises and shall be responsible for all other repairs, maintenance and replacement of interior doors and wall and floor coverings in the Demised Premises and, for the repair and maintenance of all lighting fixtures therein. All repairs, except for emergency repairs, made by Tenant as provided herein shall be performed by contractors or subcontractors approved in writing by Landlord prior to commencement of such repairs, which approval shall not be unreasonably withheld or delayed. To the best of Landlord's knowledge, the HVAC, electrical and plumbing issues between systems and components serving the Demised Premises and shall be in good working order as of the street Commencement Date. 15.02 Except as expressly otherwise provided in this Lease, Landlord shall have no liability to Tenant by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord, Tenant or others making or failing to make any repairs or changes which, with respect to Landlord, Landlord is required or permitted by this Lease, or required by law to make, in or to any portion of the Building or the Premises and the septic tank Demised Premises, or in any plumbing line outside or to the fixtures, equipment or appurtenances of the Premises which exclusively serves Building or the Demised Premises, provided that Landlord shall use due diligence in making any repairs and shall perform such repair work, except in case of emergency, at times reasonably convenient to Tenant and otherwise in such manner as will not materially interfere with Tenant's use of the Demised Premises. 15.03 Throughout the performance of any repairs and maintenance, Tenant, at its expense, shall carry, or cause to be carried, worker's compensation insurance in statutory limits with a waiver of subrogation in favor of Landlord and all other additional insureds as requested by Landlord and otherwise as set forth in Section 11.02(b) and commercial general liability insurance for any occurrence in or about the Building with limits and otherwise as set forth in Section 11.02(a) hereof Tenant shall furnish Landlord with satisfactory evidence that such insurance is in effect at or before the commencement of repairs and maintenance and, on request, at reasonable intervals thereafter during the continuance of repairs and maintenance. Tenant shall be responsible for any damages require all contractors performing work in the Building or on the Land to the Premises and/or Property caused by Xxxxxx’s abuse or neglect provide a certificate of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to insurance naming Landlord as an additional rent within fourteeninsured. 15.04 Tenant shall defend, indemnify and save Landlord harmless from and against (14a) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlordall mechanic's and other liens filed, and (b) all violations issued by the contractor responding Department of Buildings or any other public or quasi-public authority having or asserting jurisdiction, in connection with or arising from, or otherwise connected with, any repairs or maintenance or any other work claimed to have been done for, or materials furnished to, Tenant or any person or entity claiming by, through or under Tenant, whether or not done or furnished pursuant to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowsArticle.

Appears in 1 contract

Samples: Lease Agreement (Treasure Mountain Holdings Inc)

Repairs and Maintenance. Xxxxxx has inspected 7.1 Tenant shall maintain, and repair the Leased Premises in a good and acknowledges workmanlike manner, and shall, at the expiration of the Term, deliver the Leased Premises in good order and condition, damages by fire or casualty, the elements and ordinary wear and tear excepted. Tenant covenants and agrees that it is in good conditionshall not cause or permit any waste, free damage or disfigurement to the Leased Premises, or any overloading of defects and fit for residential occupancythe floors. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenantmaintain, Landlord shall, within a reasonable time period thereafter, repair the following: (1) and make all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) repairs to the extent required by state lawfloor surface, such other defects whichHVAC, plumbing and electrical systems including all ballasts and fluorescent fixtures located within the Leased Premises. Notwithstanding the foregoing, the Tenant Improvements, if not correctedconstructed by Landlord, will leave Premises or Property shall have a Landlord’s warranty of one year from the Commencement Date, provided that any defect in a state construction of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises Improvements discovered at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail time during the Lease Term and regularly changing shall not be limited to the one year warranty, except with respect to the operation of the HVAC and fridge filters. Tenant system, which operational warranty shall be responsible limited to one year, except for any clogged plumbing within the Premisescompressor which shall have a five-year manufacturer’s warranty. Landlord shall be responsible for all other repairs to the roof, including the roof membrane, exterior load-bearing walls, and electric and plumbing issues between systems to the point where they enter the Leased Premises and for any condition affecting such systems within the street or the Premises Leased Premises. Landlord shall also be responsible for maintenance, repair and the septic tank or in any plumbing line outside replacement of all improvements constituting “Landlord’s Work” pursuant to Section 3.4(a) of the Premises which exclusively serves the PremisesLease. Landlord shall not be required to make, and Tenant shall be responsible for for, any damages repairs occasioned by the negligent acts or omissions of Tenant, its agents, employees, contractors, or subcontractors. Tenant shall promptly report in writing to Landlord any defective condition which Landlord is required to repair, and, in the event Tenant has actual knowledge thereof, Landlord's obligation to repair is conditioned upon receipt by Landlord of such written notice. Landlord's obligation to repair is also conditioned, at Landlord’s option, upon Tenant not then being in default under this Lease after written notice and expiration of any applicable cure period. Landlord shall have no other maintenance or repair obligations whatsoever with respect to the Leased Premises and/or Property except the foregoing unless caused by Xxxxxx’s abuse the gross negligence or neglect willful act of Landlord. Except to the extent of Landlords’ obligations, Tenant shall keep and maintain in good order, condition and repair the Leased Premises and every part thereof, including, without limitation, the interior surfaces of the exterior walls, interior doors, door frames, door checks, windows and window frames, all wall and floor coverings, all building systems and components thereof that exclusively service the Leased Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request alterations, additions or improvements (“Alterations”) made by or on behalf of Landlord determines that Tenant and shall make all other interior non-structural repairs, replacements, renewals and restorations, ordinary and extraordinary, foreseen and unforeseen, required to be made in and to the item is working correctly, Xxxxxx Leased Premises. The term "repair" as used in this Section shall include replacements when necessary. Tenant agrees to reimburse generally maintain the Leased Premises at a minimum temperature of 45 degrees to prevent the freezing of domestic water and sprinkler pipes and (with respect to the office area of the Leased Premises only) no higher than 78 degrees to prevent humidity, mold and mildew. In the event Tenant vacates the Leased Premises, Tenant shall be required to (i) continuously operate the HVAC system to maintain the temperatures set forth in the previous sentence, and (ii) inspect the Leased Premises and, report any defective conditions to Landlord for immediately, and confirm upon request of the amount for Landlord that such inspections have taken place. 7.2 The Tenant shall, at its own cost and expense, pay all utility charges, including telephone and cable service and water servicing the contractor’s invoiceLeased Premises. Landlord shall install, a water meter at the Leased Premises at its cost and expense. Tenant shall not store any items outside the Leased Premises, and shall deliver its garbage and recyclables to the central receiving area as shown on Exhibit A. Tenant shall dispose of all hazardous/medical waste with an approved hauler at its own cost. 7.3 Landlord does not warrant that any services Landlord or any public utilities supply will not be liable interrupted. Services may be interrupted because of accidents, repairs, alterations, improvements, or any other reason beyond the reasonable control of Landlord and Landlord, except for any damage during tenancy in connection with the gross negligence or willful misconduct of Landlord or its agents or employees, shall not be subject to liability as a result thereof. Notwithstanding the above, if essential services (water, electric or gas) are interrupted for more than six (6) days (excluding days declared as a state of emergency by the State of New Jersey) except if such interruption is caused by vandalismTenant’s failure to maintain and repair the Leased Premises, including but not limited and such interruption shall prevent Tenant from operating its business in the normal course, then Tenant shall be entitled to broken windowsan abatement of Base Rent from and after the six (6) days until service is restored.

Appears in 1 contract

Samples: Lease Agreement (Rocket Pharmaceuticals, Inc.)

Repairs and Maintenance. Xxxxxx has inspected (a) Tenant, at its sole cost and expense, shall keep and maintain the Premises in substantially the same order and acknowledges that it is in good conditioncondition as delivered to Tenant on the Commencement Date, free of defects rubbish, and fit for residential occupancyshall promptly make all non-structural repairs necessary to keep and maintain such order and condition as delivered to Tenant on the Commencement Date. Tenant shall promptly notify also, at Tenant’s sole cost and expense, make all repairs to the Premises, Building, of Project and its appurtenant common area made necessary by a negligent or willful act of Tenant or any employee, agent, contractor, or invitee of Tenant, except to the extent of insurance proceeds actually received by Landlord. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of any dangerous condition or need Tenant's desire to have Landlord make such repairs, and shall charge Tenant for maintenance existing in Premises or on such services at Landlord’s standard rate (such rate to be competitive with the Propertymarket rate for such services). Upon receipt of notice from If requested by Tenant, Landlord shallshall make such repairs, at Tenant’s expense, to the Premises within a reasonable time period thereafterof notice to Landlord. When used in this Section, repair the following: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. Subject to Tenant’s payment of all Recognized Expenses as set forth herein, Landlord shall provide the janitorial services for the Premises set forth on Exhibit “C”. (1b) Landlord shall make, at its sole cost and expense, all defects repairs necessary to maintain in good order and condition, as applicable, the base building HVAC systems, plumbing and electric systems serving the Building and the Premises (but not Tenant specific HVAC, plumbing, or Property electrical systems (e.g. supplemental HVAC, Premises specific water heaters, specialty lighting, and etc. installed by or for Tenant, which create unsafe living conditions shall be maintained by Tenant at its cost), and windows, elevators, floors, security system and all other items that constitute a part of the Building and are installed or render Premises untenable; furnished by Landlord, as well as all repairs necessary to maintain the structural soundness and function of the Building (2) including the roof and exterior walls), parking lot(s), grounds, site lighting and common areas, such costs to be included as operating expenses to the extent required permitted under Section 4 hereof; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after Landlord has actual knowledge of the need for the repair or has received written notice from Tenant that such repair is needed, whichever is earlier. Subject to Section 12 below, in no event shall Landlord be obligated to repair any damage caused solely by state lawthe negligence or willful misconduct of Tenant or its employees, such other defects whichagents, if not correctedinvitees, will leave Premises licensees, subtenants or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary contractors; and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be solely liable for any damage during tenancy caused by vandalism, including but not limited to broken windowssuch repair at Tenant’s sole cost and expense.

Appears in 1 contract

Samples: Lease (Marinus Pharmaceuticals Inc)

Repairs and Maintenance. Xxxxxx has inspected Tenant covenants that Tenant shall, at Tenant's own expense, keep and maintain the interior and exterior of the Leased Premises, including all walls, plumbing, electrical, heating, ventilation, air conditioning, doors, ceilings, floors, glass and fixtures located on said Leased Premises during the term of this Lease, as well as the parking areas, vehicular access ways and landscaping substantially in the condition received, and in a clean and sanitary condition and will always keep and maintain the Leased Premises and acknowledges all the appurtenances thereto belonging or appertaining thereto, in conformity to and in compliance with all orders, ordinances, rules and regulations, and statutes of all governmental authorities having jurisdiction over the Leased Premises, or the use thereof. The parties expressly agree that it is in good conditionLandlord shall not be required, free of defects and fit for residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for term of this Lease, or any clogged plumbing within the Premises. extension thereof, to make any alterations, repairs, or maintenance to any part of said property, except that Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside maintenance and/or replacement of the roof, structural members and foundation. Notwithstanding anything herein to the contrary, if Landlord fails to timely perform its maintenance and repair obligations hereunder, and, as a consequence, Tenant's use of the Leased Premises which exclusively serves the Premises. is substantially impaired, Tenant shall have the right after notice to Landlord to cause such repair or maintenance to be responsible performed at Landlord's expense and to deduct the costs thereof from the Rent payable to Landlord. Except in the event of an emergency, Landlord shall not enter the Leased Premises for the purpose of inspecting the Leased Premises or effecting any damages repairs except upon not less than 24-hours' advance notice to the Premises and/or Property caused by Xxxxxx’s abuse Tenant. Landlord shall make every effort feasible to avoid having any of Landlord's maintenance or neglect repair activities interfere with Tenant's business activities and occupancy of the Leased Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windows.

Appears in 1 contract

Samples: Commercial Lease Agreement (Monterey Pasta Co)

Repairs and Maintenance. Xxxxxx has inspected Notwithstanding any other terms or conditions of this Agreement, Resident expressly agrees that Resident (and the applicable Guarantor) shall be liable to Owner or its assignee (including, without limitation, Owner’s hazard insurer) for any fire, water, or other damage to the real or personal property of Owner negligently or intentionally caused by Resident, or any guests thereof (collectively, "Authorized Occupants"). If the Premises shall be rendered un- tenantable by the negligent or intentional acts of any Authorized Occupant, Resident shall continue to be liable for Rent in the amount provided in this Agreement. Owner shall make required repairs and maintenance to heating and air conditioning equipment and to appliances furnished for Resident’s use without charge to Resident, unless such repairs or maintenance are necessary because of the negligent or intentional act or omission of any Authorized Occupant, in which case Resident shall bear the costs of such maintenance and repairs. Resident will maintain the Premises and acknowledges that it is all equipment, fixtures and property furnished by Owner for Resident’s use throughout the lease term in good condition and repair and will allow no waste of any utilities provided by Owner. Resident shall pay the expense of replacing cracked or broken window glass in the Premises and for broken or lost keys. Resident shall keep the window glass clean at all times and will not install additional window coverings without the prior written consent of Owner. Any, and all damages or costs of repair owed by Resident pursuant to this Agreement will include the actual costs to repair or replace damaged property and, (if applicable), Owner’s loss of rental income. Subject to the foregoing, if the Premises is partially damaged by fire or other casualty but can be restored to tenantable condition, free of defects and fit for residential occupancyOwner shall repair the Premises with reasonable dispatch. Tenant Resident’s obligation to pay Rent shall promptly notify Landlord of any dangerous be suspended only during such time as the Premises are un-tenantable; provided, however, that if the Premises are entirely destroyed by fire or other casualty such that the Premises cannot be restored to tenantable condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereaftertime, repair either party shall have the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) right to terminate this Agreement by written notice to the extent required other party. Owner shall have no liability for any incidental or consequential loss or expense incurred by state lawResident during the period of any repair to the Premises hereunder, such other defects whichincluding (without limitation) the costs of temporary substitute housing. This Agreement shall not be affected, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash there shall be kept in designated trash containers no diminution or abatement of Rent and removed from no constructive eviction shall be claimed or allowed because of the Premises at least once each week. Tenant obligation to maintain the Premises includesinterruption or curtailment of any service (including, but not limited toto heating, replacing air conditioning, internet service, or cable service) or utilities or any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between inconvenience or discomfort arising from repairs or improvements made in the Premises and or to any other part of the street or building of which the Premises and is a part (the septic tank “Building”), or in any plumbing line outside of to the common areas or facilities serving or ancillary to the Building, provided the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent is habitable and Owner makes necessary repairs and improvements within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowsreasonable time.

Appears in 1 contract

Samples: Residential Lease Agreement

Repairs and Maintenance. Xxxxxx has inspected Premises and acknowledges that it is in good condition, free of defects and fit for residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation obligated to maintain the Leased Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term in perfect maintenance and regularly changing HVAC and fridge filtersrepair condition. Tenant shall be responsible for any clogged plumbing within undertakes to order at its own expense all repairs and maintenance work in the Leased Premises. Landlord shall be responsible for all other plumbing issues between , including those due to old age, unless Tenant can demonstrate that these are major repairs in the Premises literal and the street or the Premises and the septic tank or in any plumbing line outside limited sense of Article 606 of the Premises Civil Code, in which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall case such repairs will be paid by Landlord. The expenses of a possible expert investigation will be paid by Tenant. In particular, Tenant to Landlord as additional rent within fourteen (14) days will replace, at its expense, all broken or cracked glass panes for any reason whatsoever, the repair of which is not paid by the insurers of the receipt of an invoice from Landlordbuilding. If the repairs are paid by the insurers of the building Tenant submits will participate up to the deductible specified in the insurance policy of the building. Tenant will repair and if needed replace the closing systems of the doors and windows, the hinges, handles, and faucets and toilets that are deteriorated for any reason whatsoever, regardless of the nature of the damage or defect. Tenant will maintain in good condition the internal paint and will preserve the water pipes, radiators and toilets from freezing. It will regularly clean the glass panes so as to always maintain them clean and will assure the maintenance of the frames. Tenant will refrain from using the water pipes as grounding and making bypasses in the electrical conduits and cutting electric wires. The length of the standby wires must be at least thirty centimeters. Landlord may ask Tenant, by registered letter, to do the repairs under the responsibility of Tenant and complete them within two months from the date of the registered letter. Should Tenant not meet this requirement, Landlord reserves the right to cause such work to be done by a service request contractor of its choice at the exclusive expense of Tenant. In such case. Tenant undertakes to reimburse the full cost of the work without prejudice for all damage for which Tenant will be held responsible due to the degradation or repair request depreciation of the Leased Premises. Only major repairs, as defined in the second paragraph of this article, will be borne by Landlord, and Tenant will promptly report to Landlord, and the contractor responding by registered letter, all major repairs for which Landlord is responsible. Failing to this request on behalf of notify Landlord determines that the item is working correctly, Xxxxxx agrees in a timely fashion will cause Tenant to reimburse Landlord be held responsible for the amount for the contractor’s invoice. resulting damage and any harmful consequences, and Landlord will not under any circumstances be liable in the absence of such notification. Tenant will suffer without compensation or reduction in rent the execution of all repairs, modifications or improvements which Landlord may deem necessary or appropriate during the term of this contract, regardless of the duration of this work, even if it lasts more than forty (40) days. Tenant agrees to bear in the same manner, the work to be performed on public roads or in nearby buildings, even though it would be a hindrance to the enjoyment of the Leased Premises, unless it exercises personally a recourse against the administration, the contractor of the work or the neighboring owners, without Landlord ever being pursued or bothered in this regard. Tenant may not claim any compensation or reduction in rent in the event of inconvenience, damage, interruption or temporary suspension of general services of the building resulting from repairs, alterations or improvements, or events due to causes beyond the control of Landlord. In particular, Landlord will not be, in any case, liable for inconvenience and damage resulting from the interruption of the operation of one or other facilities for collective or private use existing in the building or the Leased Premises, regardless of their duration and cause. Tenant must allow access to Landlord or any damage during tenancy caused other person designated by vandalism, including but not limited Landlord in order to broken windowsconduct inspections and repairs and check the condition of the premises in general by giving notice of at least 24 hours sent by fax.

Appears in 1 contract

Samples: Civil Lease Contract (Techteam Global Inc)

Repairs and Maintenance. Xxxxxx has inspected (a) Unless otherwise expressly provided herein, Lessor shall not be required to make any improvements, replacements or repairs of any kind or character to the Leased Premises during the term of this Lease except such repairs as are set forth in this subparagraph. Lessor shall maintain only the roof, foundation, underground plumbing, outside and acknowledges that it is underground electrical, outside maintenance, and the structural soundness of the exterior walls (excluding all windows, window glass, plate glass and all doors) of the building in good conditionrepair and condition except for reasonable wear and tear. Lessee shall repair and pay for any damage caused by Lessee's negligence or default. Lessee shall give written notice to lessor of the need for Lessor obligated repairs, free which repairs shall then be reasonably made by Lessor. Lessor shall not be liable to Lessee, except as expressly provided in this Lease, for any damage or inconvenience, and Lessee shall not be entitled to any abatement or reduction of defects and fit for residential occupancy. Tenant shall promptly notify Landlord rent by reason of any dangerous condition repairs, alterations or need for maintenance existing in Premises or additions made by Lessor under this Lease. a. Lessee shall, at its own risk and expense, maintain all other parts of the building and other improvements on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Leased Premises in the neatgood repair and condition (including all necessary replacements), sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includesincluding, but not limited toto the electrical fixtures, replacing light bulb replacement, plumbing fixtures, pest control, air conditioning equipment, etc. Lessee shall take good care of all the property and its fixtures. Should Lessee neglect to keep and maintain the Leased Premises, then Lessor shall have the right, but not the obligation, to have the work done and any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant reasonable costs therefore shall be responsible for any clogged plumbing within charged to Lessee as additional rental and shall become payable by Lessee with the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside payment of the Premises which exclusively serves rental next due thereunder. b. All requests for repairs or maintenance that are the Premises. Tenant shall be responsible for responsibility of Lessor pursuant to any damages to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations provision of this provision shall lease must be paid by Tenant made in writing to Landlord as additional rent within fourteen (14) days of Lessor at the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowsaddress set forth below.

Appears in 1 contract

Samples: Commercial Lease Agreement (Lanstar Semiconductor Inc)

Repairs and Maintenance. Xxxxxx has inspected (a) Except as specifically otherwise provided in Paragraphs (b), (c), and (d) of this Article, Tenant, at its sole cost and expense and throughout the term of this lease, shall keep and maintain the Premises and acknowledges that it is in good order and condition, free of defects accumulation of dirt and fit for residential occupancy. Tenant rubbish, and shall promptly notify Landlord make all repairs made necessary by Tenant's use of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves installations upon the Premises. Tenant shall not use or permit the use of any portion of the Property for outdoor storage. (b) Landlord, throughout the term of this lease and at Landlord's sole cost and expense, shall make all necessary repairs to the 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. (c) Landlord, throughout the term of this lease, shall make all necessary repairs to the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment, HVAC systems, 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 landscaping areas, and other exterior improvements on the Property 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. Pursuant to Article 5.b. hereinabove, Tenant shall pay its proportionate share of the cost of all repairs to be responsible for performed by Landlord pursuant to this paragraph (c) as additional rent promptly upon being billed therefor. The cost of capital improvements, as defined by generally accepted accounting principals, shall be reimbursed to Landlord on the basis of such costs being amortized over the usable life of the improvement. (d) Landlord shall manage and administer the Property, provide daily janitorial service, and maintain all common areas of the Property and any damages 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. Pursuant to Article 5.b. hereinabove, Tenant shall pay its proportionate share of the cost of all work to be performed by Landlord pursuant to this Paragraph (d). (e) Notwithstanding anything herein to the contrary, repairs to the Premises and/or and the Property made necessary by Tenant's use, manner of use or occupancy of the Property or by Tenant's installations in or upon the Property or by any act or omission of Tenant or any employee, 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 Xxxxxx’s abuse any other tenant's use, manner of use or neglect occupancy of the Premises/Property or by any other tenant's installations in or upon the Property. Any expenses incurred , or by Landlord to remedy any violations act or omission of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request any other tenant or repair request to Landlordany other tenant's employees, and the contractor responding to this request on behalf of Landlord determines that the item is working correctlyagents, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowscontractors or invitees.

Appears in 1 contract

Samples: Lease Agreement (Pennsylvania Physician Healthcare Plan Inc)

Repairs and Maintenance. Xxxxxx has inspected Premises and acknowledges that it is 6.1 During the Term of this Lease, the Landlord, at its expense, shall keep in good conditionorder, free safe condition and repair, the structural parts of defects the Building and fit Common Areas of which the Leased Premises are a part, including the walls, roof, floor, foundation load bearing members, trusses and joists, as well as all plumbing, utilities and facilities serving the Leased Premises, except for residential occupancy. Tenant repairs or maintenance occasioned by the negligence or deliberate act of Tenant, or its agents, servants, employees and invitees which shall promptly notify Landlord be then repaired at the cost and expense of any dangerous condition or need for maintenance existing in Premises or the Tenant. 6.2 The Landlord, as part of Operating Expenses, shall take good care of and maintain and repair: (i) all other portions of the Building, including Common Areas and all Building systems incorporated therein; (ii) the lawns, shrubbery, driveway, sidewalks, entranceways, foyers, curbs and parking area on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2iii) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx provide snow removal. 6.3 Tenant agrees to maintain keep the Leased Premises in as good repair as they are at the neatbeginning of the Term of this Lease, sanitary reasonable use and clean condition free of trash wear thereof and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each weekdamage by fire or other casualty not caused by Tenant excepted. Tenant obligation further agrees not to maintain the Premises includesdamage, but not limited tooverload, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street deface or the Premises and the septic tank or in any plumbing line outside commit waste of the Premises which exclusively serves the Premises. Tenant shall be responsible for all damage of any damages kind or character to the Premises and/or Property Leased Premises, including the windows, floors, walls and ceilings, caused by Xxxxxx’s abuse Tenant or neglect of by anyone using or occupying the Premises/PropertyPremises by, through or under the Tenant. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid repair the same as deemed necessary by Tenant or Landlord, applying reasonable commercial standards, and Tenant agrees to pay the costs incurred therefor to Landlord as additional rent within fourteen (14) days of upon demand. Anything hereinabove contained to the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlordcontrary notwithstanding, it is expressly understood and the contractor responding to this request on behalf of Landlord determines agreed that the item is working correctlyTenant shall, Xxxxxx agrees to reimburse Landlord at its sole cost and expense, be responsible for the amount repair, maintenance and replacement of any items installed by Tenant for the contractor’s invoiceTenant's use as leasehold improvements as part of Tenant's Work. Landlord will shall not be liable for by reason of any damage during tenancy caused injury to or interference with Tenant's business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Premises or the Building or to any appurtenances or equipment therein. There shall be no abatement of rent because of such repairs, alterations, additions or improvements or because of any delay by vandalismLandlord in making the same. Tenant shall give to Landlord prompt written notice of any accidents to, including but not limited to broken windowsor defects in, plumbing, electrical, heating and air-conditioning systems and apparatus located in the Leased Premises.

Appears in 1 contract

Samples: Office Lease Agreement (First Montauk Financial Corp)

Repairs and Maintenance. Xxxxxx has inspected Section 1: Landlord shall keep the foundation, the outer walls, the roof, the inner demising walls of the Premises and acknowledges that it is in good conditionrepair, free except Landlord shall not be called upon to make any repairs caused by the gross negligence or willful misconduct of defects and fit for residential occupancyTenant, its agents or employees. Tenant Landlord shall promptly notify Landlord not be called upon to make any other improvements or repairs of any dangerous condition or need for maintenance existing in Premises or kind on the PropertyPremises. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to To the extent required that the HVAC system services those areas of the Premises beyond the Area then rented by state lawTxxxxx, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx Txxxxx agrees to share pro-rata based upon rented Area any costs and expenses for HVAC repair, replacement and maintenance. To this end, Lxxxxxxx agrees to keep and maintain Premises in force a standard maintenance agreement with a company reasonably acceptable to Tenant on all air conditioning equipment and provide a copy of such maintenance agreement to Tenant. The maintenance agreement shall provide that the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from company: (i) regularly services the air conditioning units on the Premises at least once each week. Tenant obligation to maintain on a quarterly basis, changing belts, filters, and other parts as required; (ii) performs emergency and extraordinary repairs on the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within air conditioning units; (iii) keeps a detailed record of all service performed on the Premises; and (iv) prepares a yearly service report to be furnished to Tenant at the end of each calendar year. Not later than thirty (30) days prior to the Rent Commencement Date and annually thereafter, Landlord shall be responsible furnish to Tenant a copy of the air conditioning maintenance contract described above, and proof that the annual premium for all other plumbing issues between the Premises maintenance contract has been paid. Section 2: Except as otherwise provided in Section 1 of this Article 6 and subject to Landlord’s duties under Article 4 Section 2, the street or the Premises and the septic tank or in any plumbing line outside Area of the Premises then rented by Tenant shall at all times be kept in good order, condition and repair by Tenant, and in a clean, sanitary and safe condition in accordance with all directions, rules and regulations of the health officer, fire marshal, building inspector or other officers of any governmental agencies having jurisdiction, all at the sole cost and expense of Tenant. To the extent commercially possible and excepting causes of damage for which exclusively serves Landlord is solely responsible for maintaining under Article 6 Section 1, Tenant shall permit no water damage or injury to the Premises. Tenant shall be responsible for any damages shall, at its own cost and expense, maintain and take good care of and make necessary and governmentally required repairs, structural and otherwise, to the Premises and/or Property caused by Xxxxxx’s abuse or neglect Area of the Premises/Property. Any expenses incurred Premises then rented by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to LandlordTenant, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalismall fixtures and equipment, including but not limited to broken the exterior and interior windows, doors, locks, entrances, signs, showcases, floor coverings, interior walls, columns and partitions, lighting fixtures, heating ventilating and air conditioning equipment and plumbing and sewage facilities. Tenant shall also be responsible for replacing all fixtures and equipment listed above which are stolen or damaged beyond repair. The Premises may be remodeled by Tenant periodically in accordance with Txxxxx's business plan or as determined by Tenant in its sole discretion. Any such remodeling may include, but not be limited to, flooring, wallcovering, ceiling, storefront, roofline, furnishings, vault, automated teller machine, security systems, and night deposit box, so the Premises are put into like-new condition. Tenant also shall pay for and maintain a termite and pest extermination service for the Area of the Premises then rented by Tenant. Tenant shall not remodel any part of the exterior of the Premises including construction of drive-thru facility without first obtaining Landlord's written approval, which approval shall not be unreasonably withheld.

Appears in 1 contract

Samples: Lease Agreement (Pro Financial Holdings Inc)

Repairs and Maintenance. Xxxxxx has inspected Premises Landlord will, at its own cost and acknowledges that it expense, -------------------------- except as may be provided elsewhere herein, make necessary repairs of damage to the Building corridors, lobby, structural members of the Building, and equipment used to provide the Building Standard services referred to in Item 8, unless any such damage is caused by acts or omissions of Tenant, its agents customers, employees, principals, contractors, consultants, assigns, subterrants or invitees, in good condition, free which event Tenant will bear the cost of defects and fit for residential occupancysuch repairs. Tenant shall promptly notify Landlord of any dangerous condition will allow no maintenance or need for maintenance existing in Premises repairs to be done in, on, to or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from about the Premises at least once each week. Tenant obligation other than by a licensed contractor (such term to maintain the Premises includes, but not limited to, replacing include all degrees and levels of subcontractors) approved by Landlord in writing prior to any light bulbs which fail during the Lease Term and regularly changing HVAC and fridge filters. Tenant shall be responsible for any clogged plumbing within the Premisessuch maintenance or repairs being undertaken. Landlord shall be responsible for all other plumbing issues between entitled to require such contractor to be bonded and insured in such amounts and with such companies as Landlord may in its discretion prescribe. Tenant will not injure the Premises and the street or the Premises and the septic tank or in any plumbing line outside of Building but will maintain the Premises which exclusively serves the Premisesin a clean, attractive, condition and in good repair, except as to damage to be repaired by Landlord as provided above. Upon termination of this Lease, Tenant shall be responsible for any damages to will surrender and deliver the Premises and/or Property caused to Landlord in the same condition in which they ex1sted at the commencement of this Lease, excepting only ordinary wear and tear and damage arising from any cause not required to be repaired by Xxxxxx’s abuse Tenant, or neglect Landlord approved alterations and improvements. This Item 12 shall not apply in the case of the Premises/Property. Any expenses incurred damage or destruction by fire or other casualty which is covered by insurance maintained by Landlord on the Building (as to remedy any violations of this provision which Item 15 hereof shall be paid by Tenant apply) or damage resulting from an Eminent Domain taking (as to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowswhich Item 17 hereof shall apply).

Appears in 1 contract

Samples: Lease Agreement (Anything Internet Corp)

Repairs and Maintenance. Xxxxxx has inspected Premises A. Except as otherwise provided herein, CITY is responsible, at its sole expense and acknowledges in accordance with any applicable local, state or federal law, regulation or code relating to structural integrity, for the following maintenance and repair of the building and grounds at all times during the term of this LEASE: the roof, including periodic gutter cleaning as necessary; foundation; exterior and interior walls; flooring replacement within the premises, as may be necessitated by normal wear and tear; plumbing; jointly-used electrical panels; the HVAC (heating, ventilation and air conditioning) system; and remediation of hazardous conditions not caused by the LESSEE. B. Except as otherwise provided herein, LESSEE is 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 premises at all times during the term of this LEASE to prevent the premises from entering into a state of disrepair, including, without limitation, elevator service and maintenance and the fire protection system and fire ratings. Except for ordinary maintenance or repair that it is common to the normal, daily upkeep of the premises and which does not affect the structure, egress, energy conservation or plumbing, sanitary, gas, electrical or other utilities, such proper and reasonable maintenance and repair of the premises must be performed by a person who is licensed in good condition, free the State of defects Nevada to perform the maintenance or repair. The maintenance and fit for residential occupancy. Tenant shall promptly notify Landlord repair required to be performed within the premises by LESSEE pursuant to this paragraph B of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the followingSection 4 includes: (1) all defects Maintenance of the flooring, but only in Premises such a manner that is consistent with the use of techniques and products approved by the CITY Facilities Maintenance Manager or Property which create unsafe living conditions his or render Premises untenableher designee in advance of the commencement of any work; paint; electrical outlets, switches and fixtures; equipment that is used for fire protection or suppression, including, without limitation, any existing fire, smoke or gas detectors and fire extinguishers previously installed within the premises, but excluding general maintenance or repair of any building-wide fire protection or suppression system; and the interior of the premises in general, including, without limitation, maintenance to remediate water leaks, plugged or leaking toilets, non-functioning bulbs, non-functioning lighting ballasts and damage to walls and any plate glass that is damaged due to LESSEE’s use; and (2) to Repair of any damage that is directly or proximately caused by the extent required by LESSEE, its employees, agents, volunteers, contractors or invitees. C. Notwithstanding any other provision of this LEASE, LESSEE is responsible, at its sole expense and in accordance with any applicable local, state or federal law, such other defects whichregulation or code relating to structural integrity, if not corrected, will leave Premises or Property in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includesincluding, but not limited to, replacing the State Historic Preservation Office (“SHPO”), for the proper and reasonable repair of any light bulbs damage to the building and grounds that is directly or proximately caused by the LESSEE, its employees, agents, volunteers, contractors or invitees. D. CITY will not incur any liability, including, without limitation, compensation or damages, for any inconvenience, annoyance, injury to or interference with XXXXXX’s business operations arising from or relating to the provision of maintenance or the making of any repairs, alterations or improvements in or to any portion of the premises, building or grounds which fail during are performed in a commercially reasonable manner and deemed necessary or beneficial at the Lease Term and regularly changing HVAC and fridge filters. Tenant sole discretion of CITY. E. For the purposes of this Agreement, the term “grounds” shall be responsible for any clogged plumbing within deemed to include, as applicable, the Premises. Landlord shall be responsible for all other plumbing issues between the Premises parking lot, landscaping and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages sidewalks appurtenant to the Premises and/or Property caused by Xxxxxx’s abuse or neglect of the Premises/Property. Any expenses incurred by Landlord to remedy any violations of this provision shall be paid by Tenant to Landlord as additional rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this request on behalf of Landlord determines that the item is working correctly, Xxxxxx agrees to reimburse Landlord for the amount for the contractor’s invoice. Landlord will not be liable for any damage during tenancy caused by vandalism, including but not limited to broken windowspremises.

Appears in 1 contract

Samples: Lease Agreement

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